Acts and resolutions of the General Assembly of the state of Georgia 1994 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19940000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1994 19940000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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TABLE OF CONTENTS VOLUME ONE Acts by Numbers-Page References vi Bills and Resolutions-Act Number References xiii Acts and Resolutions of General Application 1 Proposed Amendments to the Constitution of Georgia 2013 Appellate Courts-Personnel I Superior Courts-Personnel and Calendars II Index-Tabular XV Index-General LXI Population of Georgia Counties-Alphabetically CXCIV Population of Georgia Counties-Numerically CC Population of Municipalities CCII Population of Judicial Circuits CCXIII Georgia Senate Districts, Alphabetically by County CCXVI Georgia Senators, Alphabetically by Name CCXVIII Georgia Senators, Numerically by District CCXX Georgia House Districts, Alphabetically by County CCXXIII Georgia Representatives, Alphabetically by Name CCXXV Georgia Representatives, Numerically by District CCXXXI Status of Referendum Elections CCXXXVII Vetoes by the Governor CCCLXXIV State Auditor's Report on Funding of Retirement Bills CCCLXXIX VOLUME TWO Acts by Numbers-Page References vi Bills and Resolutions-Act Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5153 Municipal Home Rule Actions 5205 Appellate Courts-Personnel I Superior Courts-Personnel and Calendars II Index-Tabular XV Index-General LXI Population of Georgia Counties-Alphabetically CXCIV Population of Georgia Counties-Numerically CC Population of Municipalities CCII Population of Judicial Circuits CCXIII Georgia Senate Districts, Alphabetically by County CCXVI Georgia Senators, Alphabetically by Name CCXVIII Georgia Senators, Numerically by District CCXX Georgia House Districts, Alphbetically by County CCXXIII Georgia Representatives, Alphabetically by Name CCXXV Georgia Representatives, Numerically by District CCXXXI Status of Referendum Elections CCXXXVIII Vetoes by the Governor CCCLXXIV State Auditor's Report on Funding of Retirement Bills CCCLXXIX

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COMPILER'S NOTE General Acts and Resolutions of the 1994 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 2013. 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 1993 are printed in Volume II beginning at page 5153. Home rule actions by municipalities which were filed in the Office of the Secretary of State during 1993 are printed in Volume II beginning at page 5205. There are no numbered pages between page 2027 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each hard backed volume and as a separate book in the soft backed edition and cover material in both volume. The tabular indexes list matter by broad categories. The general index is a detail 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 it was introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 617 3501 618 3512 619 3520 620 1 621 3527 622 7 623 92 624 96 625 97 626 129 627 3538 628 3547 629 3556 630 131 631 132 632 133 633 3558 634 3560 635 3567 636 161 637 3575 638 3584 639 3590 640 3596 641 3599 642 166 643 3601 644 3608 645 169 646 3614 647 3618 648 3625 649 3631 650 3637 651 3643 652 3650 653 173 654 174 655 3661 656 3663 657 3672 658 3682 659 3689 660 3696 661 3697 662 3699 663 3702 664 3704 665 3707 666 3712 667 3716 668 3718 669 3720 670 3722 671 3724 672 3726 673 3728 674 3730 675 3736 676 3738 677 3742 678 3745 679 3749 680 3751 681 3753 682 3758 683 3762 684 3766 685 3767 686 3772 687 3774 688 3775 689 3780 690 3781 691 3783 692 3786 693 3815 694 3817 695 3821 696 3822 697 3824 698 3829 699 3831 700 3833 701 3835 702 3837 703 3839 704 3842 705 3844 706 3849 707 3853 708 3855 709 3859 710 3863 711 3865 712 3868 713 211 714 3870 715 3876 716 3879 717 3882 718 3885 719 3892 720 3906 721 3920 722 3924 723 3928 724 3931 725 3933 726 3936 727 3938 728 212 729 3940 730 3942 731 3944 732 3947 733 3967 734 3969 735 3977 736 3985 737 3987 738 3990 739 4003 740 4017 741 4025 742 4026 743 4029 744 4032 745 4042 746 4045 747 4047 748 4048 749 4050 750 4054 751 4056 752 4058 753 4062 754 4064 755 4066 756 4068 757 4070 758 4072 759 4074 760 4076 761 4080 762 4084 763 4086 764 4088 765 214 766 215 767 224 768 229 769 237 770 256 771 257 772 258 773 277 774 279 775 291 776 292 777 294 778 295 779 297 780 298 781 300 782 304 783 307 784 308 785 309 786 310 787 311 788 313 789 315 790 317 791 318 792 320 793 325 794 328 795 329 796 331 797 332 798 334 799 335 800 337 801 4096 802 339 803 341 804 342 805 344 806 346 807 347 808 349 809 351 810 352 811 355 812 356 813 358 814 359 815 360 816 361 817 362 818 363 819 364 820 366 821 4138 822 4140 823 4144 824 4148 825 4150 826 4154 827 4156 828 4160 829 4161 830 4163 831 4167 832 4171 833 4174 834 4177 835 4180 836 4185 837 4187 838 4190 839 4194 840 4198 841 4201 842 4203 843 4205 844 4210 845 4212 846 381 847 383 848 391 849 393 850 395 851 396 852 400 853 404 854 408 855 409 856 412 857 413 858 417 859 421 860 425 861 426 862 428 863 437 864 446 865 450 866 455 867 461 868 470 869 471 870 472 871 474 872 478 873 480 874 483 875 490 876 493 877 495 878 496 879 498 880 499 881 503 882 504 883 505 884 507 885 509 886 514 887 520 888 521 889 527 890 528 891 530 892 531 893 532 894 536 895 543 896 547 897 552 898 553 899 555 900 558 901 561 902 562 903 564 904 567 905 569 906 570 907 587 908 588 909 590 910 591 911 595 912 597 913 599 914 600 915 604 916 605 917 4214 918 4251 919 4254 920 4261 921 4262 922 4265 923 4267 924 4271 925 4277 926 4281 927 4283 928 4285 929 607 930 4287 931 4289 932 4291 933 4294 934 4299 935 4305 936 4329 937 4353 938 4377 939 4379 940 4381 941 4386 942 4388 943 4394 944 4397 945 4399 946 4407 947 4409 948 4411 949 4414 950 4416 951 4418 952 4426 953 4429 954 4433 955 618 956 620 957 630 958 4435 959 638 960 639 961 640 962 647 963 650 964 652 965 654 966 655 967 659 968 660 969 661 970 662 971 665 972 668 973 671 974 672 975 680 976 684 977 694 978 696 979 697 980 699 981 701 982 4446 983 4448 984 4459 985 4465 986 4468 987 4470 988 4473 989 4475 990 4483 991 4490 992 4497 993 4503 994 4506 995 703 996 708 997 710 998 715 999 718 1000 722 1001 725 1002 726 1003 728 1004 730 1005 738 1006 741 1007 744 1008 745 1009 746 1010 747 1011 4509 1012 4515 1013 4520 1014 4522 1015 4526 1016 4529 1017 4531 1018 4533 1019 4538 1020 4540 1021 4542 1022 4547 1023 4551 1024 4556 1025 4560 1026 4562 1027 4564 1028 765 1029 776 1030 779 1031 781 1032 782 1033 786 1034 787 1035 790 1036 791 1037 793 1038 797 1039 798 1040 800 1041 801 1042 804 1043 822 1044 824 1045 831 1046 834 1047 837 1048 846 1049 849 1050 850 1051 851 1052 852 1053 853 1054 856 1055 858 1056 859 1057 860 1058 4579 1059 4617 1060 4619 1061 4622 1062 4625 1063 4628 1064 4666 1065 4669 1066 4675 1067 4679 1068 4686 1069 4696 1070 4701 1071 4706 1072 4755 1073 4779 1074 4782 1075 4819 1076 4824 1077 4826 1078 4832 1079 4835 1080 862 1081 4838 1082 4841 1083 4876 1084 4882 1085 4883 1086 4885 1087 4888 1088 4894 1089 4898 1090 4900 1091 4904 1092 4913 1093 4917 1094 4920 1095 4924 1096 4927 1097 4931 1098 863 1099 865 1100 868 1101 870 1102 874 1103 875 1104 877 1105 879 1106 881 1107 887 1108 927 1109 928 1110 953 1111 959 1112 4952 1113 4959 1114 963 1115 965 1116 967 1117 971 1118 996 1119 999 1120 1002 1121 1005 1122 1006 1123 4966 1124 1007 1125 1012 1126 4969 1127 1051 1128 4974 1129 4980 1130 1052 1131 4989 1132 4995 1133 5003 1134 5010 1135 5026 1136 5030 1137 5033 1138 5035 1139 5036 1140 5048 1141 5053 1142 5055 1143 5068 1144 5073 1145 5080 1146 5083 1147 5086 1148 5091 1149 5097 1150 5101 1151 5103 1152 5106 1153 5108 1154 1055 1155 1057 1156 1058 1157 1060 1158 1065 1159 1066 1160 1072 1161 1083 1162 1088 1163 1096 1164 1101 1165 1106 1166 1108 1167 1146 1168 1149 1169 1150 1170 1152 1171 1156 1172 1158 1173 1161 1174 1163 1175 1165 1176 1168 1177 1173 1178 1179 1179 1235 1180 1238 1181 1245 1182 5123 1183 1249 1184 1251 1185 1269 1186 1270 1187 1282 1188 1315 1189 1325 1190 1355 1191 1358 1192 1359 1193 1360 1194 1364 1195 1368 1196 1370 1197 1372 1198 1373 1199 1375 1200 1390 1201 1391 1202 1392 1203 1398 1204 1403 1205 1405 1206 1406 1207 1443 1208 1506 1209 1600 1210 1617 1211 1625 1212 1633 1213 1636 1214 1650 1215 1662 1216 1663 1217 1665 1218 1667 1219 1668 1220 1673 1221 1674 1222 1693 1223 1715 1224 1716 1225 1717 1226 1728 1227 1742 1228 1758 1229 1759 1230 1761 1231 1767 1232 1776 1233 1777 1234 1780 1235 1787 1236 1796 1237 1800 1238 1811 1239 1816 1240 1823 1241 1834 1242 1844 1243 1848 1244 1851 1245 1853 1246 1856 1247 1865 1248 1872 1249 1874 1250 1876 1251 1879 1252 1895 1253 1915 1254 1920 1255 1921 1256 1922 1257 1923 1258 1927 1259 1931 1260 1936 1261 1940 1262 1943 1263 1955 1264 1957 1265 1959 1266 2010 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 57 369 58 370 59 373 60 375 61 376 62 749 63 751 64 764 65 903 66 904 67 905 68 906 69 908 70 911 71 914 72 916 73 917 74 921 75 923 76 925 77 952 78 1180 79 1182 80 1183 81 1184 82 1185 83 1186 84 1187 85 1189 86 1190 87 1191 88 1192 89 1194 90 1195 91 1198 92 1201 93 1203 94 1207 95 1208 96 1211 97 1213 98 1216 99 1217 100 1218 101 1219 102 1223 103 1224 104 1226 105 1229 106 1234 107 5121 108 1972 109 1975 110 1978 111 1980 112 1983 113 1988 114 2015 115 2018 116 2020 117 2022 118 2024 119 2025

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page HB 71 1001 725 HB 72 786 310 HB 109 787 311 HB 147 1000 722 HB 158 1248 1872 HB 170 1167 1146 HB 171 771 257 HB 190 788 313 HB 192 999 718 HB 230 1002 726 HB 234 789 315 HB 250 1168 1149 HB 260 959 638 HB 286 790 317 HB 326 1099 865 HB 328 791 318 HB 337 1169 1150 HB 372 1048 846 HB 389 1170 1152 HB 408 1199 1375 HB 415 1196 1370 HB 419 1100 868 HB 471 1171 1156 HB 492 1236 1796 HB 495 792 320 HB 498 1029 776 HB 499 793 325 HB 500 794 328 HB 527 1030 779 HB 533 1172 1158 HB 545 1101 870 HB 562 897 552 HB 572 Veto HB 574 1251 1879 HB 596 846 381 HB 632 998 715 HB 633 996 708 HB 641 795 329 HB 649 1191 1358 HB 650 1192 1359 HB 659 796 331 HB 664 1108 927 HB 670 1249 1874 HB 671 997 710 HB 674 1031 781 HB 676 1266 2010 HB 679 1173 1161 HB 685 797 332 HB 686 798 334 HB 690 1237 1800 HB 710 1174 1163 HB 762 982 4446 HB 763 1238 1811 HB 800 1046 834 HB 804 799 335 HB 807 800 337 HB 820 1102 874 HB 828 1252 1895 HB 837 1203 1398 HB 838 1103 875 HB 862 1264 1957 HB 866 1003 728 HB 879 960 639 HB 897 1206 1406 HB 912 898 553 HB 913 1011 4509 HB 929 1187 1282 HB 959 802 339 HB 965 1175 1165 HB 989 1104 877 HB 1000 1004 730 HB 1020 803 341 HB 1074 826 4154 HB 1078 1083 4876 HB 1080 1211 1625 HB 1082 683 3762 HB 1091 804 342 HB 1100 895 543 HB 1103 908 588 HB 1109 1082 4841 HB 1113 650 3637 HB 1130 1188 1315 HB 1133 684 3766 HB 1136 1105 879 HB 1142 805 344 HB 1146 655 3661 HB 1152 827 4156 HB 1153 1005 738 HB 1177 1032 782 HB 1179 1122 1006 HB 1181 1119 999 HB 1183 1120 1002 HB 1185 979 697 HB 1187 1184 1251 HB 1188 806 346 HB 1189 807 347 HB 1191 909 590 HB 1192 808 349 HB 1193 620 1 HB 1194 961 640 HB 1195 1253 1915 HB 1196 1033 786 HB 1198 1254 1920 HB 1201 809 351 HB 1207 1034 787 HB 1208 625 97 HB 1209 896 547 HB 1214 1035 790 HB 1215 630 131 HB 1217 645 169 HB 1218 623 92 HB 1219 624 96 HB 1221 1243 1848 HB 1223 1244 1851 HB 1225 1195 1368 HB 1226 1106 881 HB 1227 1176 1168 HB 1229 1036 791 HB 1232 617 3501 HB 1233 1006 741 HB 1235 810 352 HB 1241 1037 793 HB 1254 811 355 HB 1256 812 356 HB 1262 899 555 HB 1263 1166 1108 HB 1264 685 3767 HB 1265 900 558 HB 1266 1245 1853 HB 1267 901 561 HB 1268 813 358 HB 1270 1210 1617 HB 1274 1212 1633 HB 1275 686 3772 HB 1277 814 359 HB 1281 1177 1173 HB 1289 626 129 HB 1296 622 7 HB 1297 1115 965 HB 1298 773 277 HB 1307 962 647 HB 1311 815 360 HB 1313 955 618 HB 1314 1189 1325 HB 1318 910 591 HB 1321 1124 1007 HB 1322 1116 967 HB 1323 618 3512 HB 1324 619 3520 HB 1326 1155 1057 HB 1327 902 562 HB 1330 1110 953 HB 1332 1111 959 HB 1333 1255 1921 HB 1334 1049 849 HB 1337 1114 963 HB 1340 903 564 HB 1341 1181 1245 HB 1342 1198 1373 HB 1348 687 3774 HB 1349 688 3775 HB 1357 1194 1364 HB 1358 963 650 HB 1361 1038 797 HB 1363 911 595 HB 1368 912 597 HB 1369 816 361 HB 1370 621 3527 HB 1372 653 173 HB 1375 1208 1506 HB 1376 1156 1058 HB 1378 1050 850 HB 1379 913 599 HB 1382 914 600 HB 1383 1216 1663 HB 1386 817 362 HB 1387 818 363 HB 1388 1047 837 HB 1389 1190 1355 HB 1390 1157 1060 HB 1391 1007 744 HB 1395 1051 851 HB 1398 1158 1065 HB 1399 1159 1066 HB 1400 1039 798 HB 1403 1052 852 HB 1405 1160 1072 HB 1407 689 3780 HB 1408 690 3781 HB 1409 937 4353 HB 1410 629 3556 HB 1415 1161 1083 HB 1420 819 364 HB 1426 1040 800 HB 1427 691 3783 HB 1429 1207 1443 HB 1435 1256 1922 HB 1436 1162 1088 HB 1439 904 567 HB 1443 1246 1856 HB 1445 637 3575 HB 1446 693 3815 HB 1447 938 4377 HB 1448 692 3786 HB 1451 1112 4952 HB 1452 1113 4959 HB 1455 980 699 HB 1458 1163 1096 HB 1459 1257 1923 HB 1462 1041 801 HB 1469 1205 1405 HB 1470 694 3817 HB 1471 1008 745 HB 1482 1213 1636 HB 1485 1081 4838 HB 1486 1121 1005 HB 1488 1055 858 HB 1489 1239 1816 HB 1490 695 3821 HB 1491 696 3822 HB 1493 775 291 HB 1494 939 4379 HB 1497 1126 4969 HB 1499 1178 1179 HB 1502 636 161 HB 1503 1197 1372 HB 1504 1240 1823 HB 1505 1107 887 HB 1506 1127 1051 HB 1512 1241 1834 HB 1513 916 605 HB 1514 1182 5123 HB 1515 1226 1728 HB 1517 905 569 HB 1521 1164 1101 HB 1527 1109 928 HB 1531 776 292 HB 1536 1258 1927 HB 1539 777 294 HB 1541 1227 1742 HB 1543 1071 4706 HB 1544 964 652 HB 1547 1200 1390 HB 1551 1242 1844 HB 1554 632 133 HB 1557 778 295 HB 1561 631 132 HB 1562 1012 4515 HB 1563 697 3824 HB 1564 744 4032 HB 1565 983 4448 HB 1567 1262 1943 HB 1570 1228 1758 HB 1576 779 297 HB 1577 698 3829 HB 1580 699 3831 HB 1583 639 3590 HB 1586 780 298 HB 1587 700 3833 HB 1591 1080 862 HB 1592 701 3835 HB 1593 702 3837 HB 1596 847 383 HB 1598 745 4042 HB 1600 965 654 HB 1602 703 3839 HB 1603 704 3842 HB 1604 705 3844 HB 1606 706 3849 HB 1607 660 3696 HB 1609 661 3697 HB 1613 820 366 HB 1614 638 3584 HB 1615 828 4160 HB 1619 1042 804 HB 1623 781 300 HB 1625 662 3699 HB 1626 782 304 HB 1627 783 307 HB 1631 640 3596 HB 1632 1009 746 HB 1636 906 570 HB 1637 1229 1759 HB 1638 663 3702 HB 1641 1230 1761 HB 1642 1231 1767 HB 1648 1128 4974 HB 1649 984 4459 HB 1650 664 3704 HB 1651 784 308 HB 1652 665 3707 HB 1653 1056 859 HB 1654 1232 1776 HB 1658 1233 1777 HB 1660 1013 4520 HB 1666 1053 853 HB 1667 1010 747 HB 1668 1129 4980 HB 1669 666 3712 HB 1672 957 630 HB 1676 1234 1780 HB 1677 1235 1787 HB 1678 667 3716 HB 1679 668 3718 HB 1682 669 3720 HB 1684 966 655 HB 1687 1054 856 HB 1688 641 3599 HB 1690 967 659 HB 1691 633 3558 HB 1692 670 3722 HB 1702 1218 1667 HB 1704 1219 1668 HB 1710 956 620 HB 1711 627 3538 HB 1712 628 3547 HB 1715 1130 1052 HB 1719 1014 4522 HB 1721 671 3724 HB 1723 968 660 HB 1727 1057 860 HB 1728 1220 1673 HB 1732 672 3726 HB 1733 673 3728 HB 1737 674 3730 HB 1739 1131 4989 HB 1741 675 3736 HB 1742 676 3738 HB 1743 677 3742 HB 1748 Veto HB 1751 678 3745 HB 1752 746 4045 HB 1753 679 3749 HB 1754 1217 1665 HB 1756 643 3601 HB 1757 644 3608 HB 1762 1185 1269 HB 1765 680 3751 HB 1767 981 701 HB 1768 1165 1106 HB 1773 681 3753 HB 1783 969 661 HB 1784 Veto HB 1787 682 3758 HB 1788 940 4381 HB 1794 1123 4966 HB 1796 1079 4835 HB 1799 1015 4526 HB 1800 707 3853 HB 1801 708 3855 HB 1802 1132 4995 HB 1803 1133 5003 HB 1804 709 3859 HB 1805 710 3863 HB 1807 941 4386 HB 1808 634 3560 HB 1809 635 3567 HB 1810 1247 1865 HB 1813 1221 1674 HB 1815 711 3865 HB 1816 1134 5010 HB 1817 1135 5026 HB 1826 1136 5030 HB 1827 1137 5033 HB 1829 1138 5035 HB 1831 712 3868 HB 1833 1139 5036 HB 1834 1059 4617 HB 1836 1222 1693 HB 1841 1140 5048 HB 1844 1141 5053 HB 1845 1058 4579 HB 1846 651 3643 HB 1847 1142 5055 HB 1849 1143 5068 HB 1851 1144 5073 HB 1852 1016 4529 HB 1853 1017 4531 HB 1854 1060 4619 HB 1855 1145 5080 HB 1856 1146 5083 HB 1860 1223 1715 HB 1861 1224 1716 HB 1862 1061 4622 HB 1863 1062 4625 HB 1867 1147 5086 HB 1870 647 3618 HB 1871 1148 5091 HB 1872 915 604 HB 1876 1149 5097 HB 1878 1201 1391 HB 1879 1150 5101 HB 1880 713 211 HB 1881 714 3870 HB 1882 659 3689 HB 1884 1063 4628 HB 1886 1202 1392 HB 1887 715 3876 HB 1888 1151 5103 HB 1889 1152 5106 HB 1890 1153 5108 HB 1894 1077 4826 HB 1895 1076 4824 HB 1898 1078 4832 HB 1900 747 4047 HB 1901 748 4048 HB 1902 749 4050 HB 1905 1018 4533 HB 1906 785 309 HB 1908 1075 4819 HB 1909 716 3879 HB 1910 1064 4666 HB 1911 1065 4669 HB 1913 646 3614 HB 1915 1094 4920 HB 1919 829 4161 HB 1920 1019 4538 HB 1921 1225 1717 HB 1923 830 4163 HB 1924 1020 4540 HB 1931 1066 4675 HB 1933 1021 4542 HB 1936 907 587 HB 1937 831 4167 HB 1938 832 4171 HB 1944 942 4388 HB 1946 750 4054 HB 1947 833 4174 HB 1948 751 4056 HB 1949 1095 4924 HB 1953 1093 4917 HB 1954 1022 4547 HB 1955 1092 4913 HB 1956 834 4177 HB 1957 1067 4679 HB 1958 1023 4551 HB 1959 1024 4556 HB 1960 752 4058 HB 1961 1091 4904 HB 1962 1090 4900 HB 1963 1025 4560 HB 1964 1068 4686 HB 1965 1074 4782 HB 1966 1069 4696 HB 1967 1089 4898 HB 1968 1070 4701 HB 1969 835 4180 HB 1974 1073 4779 HB 1975 1088 4894 HB 1977 656 3663 HB 1978 657 3672 HB 1980 717 3882 HB 1986 943 4394 HB 1987 652 3650 HB 1988 1087 4888 HB 1989 1086 4885 HB 1994 753 4062 HB 1995 836 4185 HB 1996 944 4397 HB 1997 1085 4883 HB 1998 1084 4882 HB 1999 1026 4562 HB 2000 754 4064 HB 2001 755 4066 HB 2002 756 4068 HB 2003 945 4399 HB 2004 757 4070 HB 2005 758 4072 HB 2006 759 4074 HB 2008 837 4187 HB 2011 1027 4564 HB 2012 801 4096 HB 2013 760 4076 HB 2014 761 4080 HB 2018 762 4084 HB 2023 763 4086 HB 2024 946 4407 HB 2025 838 4190 HB 2026 839 4194 HB 2027 718 3885 HB 2028 1072 4755 HB 2029 658 3682 HB 2030 840 4198 HB 2032 719 3892 HB 2033 947 4409 HB 2034 948 4411 HB 2035 949 4414 HB 2036 764 4088 HB 2037 841 4201 HB 2038 720 3906 HB 2039 950 4416 HB 2042 951 4418 HB 2043 842 4203 HB 2044 952 4426 HB 2045 953 4429 HB 2046 843 4205 HB 2048 954 4433 HB 2052 844 4210 HB 2054 845 4212 House Resolution Resolution Act No. Page HR 124 79 1182 HR 215 77 952 HR 259 80 1183 HR 263 81 1184 HR 339 82 1185 HR 662 109 1975 HR 664 110 1978 HR 668 60 375 HR 709 115 2018 HR 712 116 2020 HR 730 83 1186 HR 744 84 1187 HR 767 85 1189 HR 768 86 1190 HR 773 87 1191 HR 791 59 373 HR 808 78 1180 HR 814 Veto HR 815 88 1192 HR 816 89 1194 HR 817 90 1195 HR 818 91 1198 HR 819 92 1201 HR 823 93 1203 HR 824 94 1207 HR 842 95 1208 HR 859 96 1211 HR 861 97 1213 HR 863 98 1216 HR 875 111 1980 HR 906 99 1217 HR 907 58 370 HR 921 112 1983 HR 925 100 1218 HR 926 57 369 HR 937 101 1219 HR 943 117 2022 HR 961 102 1223 HR 962 103 1224 HR 967 61 376 HR 1002 105 1229 HR 1003 104 1226 HR 1012 108 1972 HR 1037 106 1234 HR 1039 107 5121 Senate Bill Act No. Page SB 10 1098 863 SB 20 1117 971 SB 31 929 607 SB 41 1154 1055 SB 82 995 703 SB 99 848 391 SB 143 869 471 SB 144 730 3942 SB 149 1193 1360 SB 163 870 472 SB 170 871 474 SB 180 821 4138 SB 185 930 4287 SB 199 1118 996 SB 212 731 3944 SB 242 849 393 SB 245 872 478 SB 253 765 214 SB 312 1183 1249 SB 314 850 395 SB 317 1180 1238 SB 377 851 396 SB 386 732 3947 SB 394 852 400 SB 395 Veto SB 396 770 256 SB 414 873 480 SB 415 642 166 SB 416 1250 1876 SB 418 1209 1600 SB 432 874 483 SB 434 853 404 SB 436 972 668 SB 438 854 408 SB 439 875 490 SB 440 1125 1012 SB 441 1265 1959 SB 442 855 409 SB 449 1263 1955 SB 451 766 215 SB 452 860 425 SB 454 861 426 SB 456 973 671 SB 457 881 503 SB 462 882 504 SB 464 1028 765 SB 469 883 505 SB 472 884 507 SB 493 885 509 SB 500 728 212 SB 505 1259 1931 SB 506 862 428 SB 511 863 437 SB 512 767 224 SB 516 729 3940 SB 517 864 446 SB 518 886 514 SB 524 727 3938 SB 525 876 493 SB 526 1260 1936 SB 530 1179 1235 SB 536 879 498 SB 537 856 412 SB 539 887 520 SB 542 733 3967 SB 547 857 413 SB 548 877 495 SB 550 734 3969 SB 551 888 521 SB 553 654 174 SB 554 889 527 SB 555 1186 1270 SB 560 858 417 SB 564 890 528 SB 565 891 530 SB 567 894 536 SB 569 859 421 SB 570 1043 822 SB 572 1044 824 SB 574 1045 831 SB 580 974 672 SB 584 931 4289 SB 585 932 4291 SB 587 735 3977 SB 592 878 496 SB 597 933 4294 SB 599 934 4299 SB 601 975 680 SB 602 880 499 SB 604 726 3936 SB 606 1204 1403 SB 608 1214 1650 SB 616 935 4305 SB 617 736 3985 SB 620 737 3987 SB 621 724 3931 SB 622 725 3933 SB 623 723 3928 SB 626 768 229 SB 627 976 684 SB 628 722 3924 SB 629 892 531 SB 630 893 532 SB 633 917 4214 SB 634 985 4465 SB 635 918 4251 SB 640 1097 4931 SB 641 936 4329 SB 642 865 450 SB 643 919 4254 SB 645 769 237 SB 648 866 455 SB 651 867 461 SB 653 920 4261 SB 654 721 3920 SB 655 738 3990 SB 656 739 4003 SB 657 772 258 SB 664 921 4262 SB 665 922 4265 SB 666 822 4140 SB 667 923 4267 SB 668 1261 1940 SB 669 970 662 SB 675 740 4017 SB 676 971 665 SB 677 741 4025 SB 679 924 4271 SB 680 774 279 SB 682 925 4277 SB 691 742 4026 SB 692 648 3625 SB 693 649 3631 SB 694 977 694 SB 696 978 696 SB 702 986 4468 SB 703 987 4470 SB 705 823 4144 SB 706 824 4148 SB 707 825 4150 SB 708 743 4029 SB 710 868 470 SB 711 1215 1662 SB 713 926 4281 SB 720 988 4473 SB 721 927 4283 SB 723 989 4475 SB 724 990 4483 SB 726 928 SB 4285 SB 727 991 4490 SB 728 992 4497 SB 730 1096 4927 SB 731 993 4503 SB 732 994 4506 SB 733 958 4435 Senate Resolution Resolution Act No. Page SR 107 118 2024 SR 203 119 2025 SR 386 65 903 SR 395 114 2015 SR 426 66 904 SR 453 67 905 SR 462 62 749 SR 463 63 751 SR 467 113 1988 SR 469 68 906 SR 470 69 908 SR 485 70 911 SR 500 71 914 SR 502 72 916 SR 516 64 764 SR 519 73 917 SR 522 74 921 SR 547 75 923 SR 561 76 925

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1994 PROFESSIONS AND BUSINESSESUTILITY CONTRACTORS; LICENSING. Code Title 43, Chapter 14 Amended. No. 620 (House Bill No. 1193). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors; to change the provisions relating to the certification of utility managers and utility foremen; to change certain effective dates; to repeal a certain Act and to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety Code Section 43-14-8.2, relating to the licensing of utility contractors,

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and inserting in lieu thereof a new Code Section 43-14-8.2 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 June 30, 1994, 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 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

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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, 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

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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 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:

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(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 June 30, 1994, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope, unless otherwise provided. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-14-8.3, relating to the certification of utility managers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) After June 30, 1994, 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. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-14-8.4, relating to the certification of utility foremen, and inserting in lieu thereof a new Code Section 43-14-8.4 to read as follows:

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43-14-8.4. (a) After June 30, 1994, 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 December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified. (c) After June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system. Section 4 . The provisions of Section 7 of an Act amending Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of construction contractors and utility contractors, utility managers, and utility foremen, approved April 15, 1993 (Ga. L. 1993, p. 1339), are repealed in their entirety and any enforcement of said provisions prior to the effective date of this Act is null and void. 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 February 4, 1994.

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APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1993-1994. No. 622 (House Bill No. 1296). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the General Appropriations Act, approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; 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 1993-1994, as amended, known as the General Appropriations Act approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, 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, 1993, and ending June 30, 1994, 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 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 $ 22,775,363 Personal Services - Staff $ 11,552,461 Personal Services - Elected Officials $ 3,634,128 Regular Operating Expenses $ 2,600,854 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 $ 128,552 Per Diem, Fees and Contracts - Elected Officials $ 2,162,568 Photography $ 90,500 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 22,775,363 State Funds Budgeted $ 22,775,363 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,593,591 $ 3,593,591 Lt. Governor's Office $ 693,268 $ 693,268 Secretary of the Senate's Office $ 1,194,849 $ 1,194,849 Total $ 5,481,708 $ 5,481,708 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 $ 2,249,357 $ 2,249,357 Legislative Budget Office $ 973,058 $ 973,058 Ancillary Activities $ 1,282,411 $ 1,282,411 Total $ 6,798,246 $ 6,798,246 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office

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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 $ 15,778,386 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 $ 475,000 Telecommunications $ 114,000 Total Funds Budgeted $ 15,778,386 State Funds Budgeted $ 15,778,386 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 5,201,909 Personal Services $ 4,327,809 Operating Expenses $ 1,559,100 Total Funds Budgeted $ 5,886,909 State Funds Budgeted $ 5,201,909 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 5,819,886 Personal Services $ 5,148,259 Operating Expenses $ 721,627 Total Funds Budgeted $ 5,869,886 State Funds Budgeted $ 5,819,886 Section 5. Superior Courts . Budget Unit: Superior Courts $ 47,558,332 Operation of the Courts $ 46,143,026 Prosecuting Attorneys' Council $ 1,840,926 Sentence Review Panel $ 157,415 Council of Superior Court Judges $ 126,609 Judicial Administrative Districts $ 1,164,572 Total Funds Budgeted $ 49,432,548 State Funds Budgeted $ 47,558,332 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 911,803 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 647,450 Institute's Operations $ 650,750 Georgia Magistrate Courts Training Council $ 137,700 Total Funds Budgeted $ 788,450 State Funds Budgeted $ 647,450 Section 8. Judicial Council . Budget Unit: Judicial Council $ 2,389,352 Council Operations $ 1,269,363 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 $ 2,389,352 State Funds Budgeted $ 2,389,352 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 $ 34,799,338 Personal Services $ 47,992,713 Regular Operating Expenses $ 11,608,912 Travel $ 267,300 Motor Vehicle Purchases $ 270,400 Equipment $ 6,396,373 Computer Charges $ 11,515,801 Real Estate Rentals $ 3,002,947 Telecommunications $ 4,834,583 Per Diem, Fees and Contracts $ 547,708 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 $ 207,000 Telephone Billings $ 45,921,502 Radio Billings $ 630,020 Materials for Resale $ 16,500,000 Public Safety Officers Indemnity Fund $ 150,000 Health Planning Review Board Operations $ 35,000 Total Funds Budgeted $ 164,460,759 State Funds Budgeted $ 34,799,338 Department of Administrative Services Functional Budgets Total Funds State Funds Executive Administration $ 1,816,621 $ 550,758 Departmental Administration $ 2,704,234 $ 2,603,645 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 $ 17,012,698 $ 0 Data Processing Services $ 53,818,524 $ 12,885,843 Motor Vehicle Services $ 3,701,054 $ 0 Communication Services $ 58,455,579 $ 5,850,000 Printing Services $ 5,156,728 $ 0 Surplus Property $ 1,810,618 $ 0 Mail and Courier Services $ 1,167,099 $ 0 Risk Management $ 2,418,406 $ 150,000 State Properties Commission $ 451,548 $ 451,548 Distance Learning and Telemedicine $ 420,641 $ 0 Office of the Treasury $ 771,267 $ 771,267 Total $ 164,460,759 $ 34,799,338 B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 19,732,149 Regular Operating Expenses $ 5,483,084 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 $ 8,790,000 Contractual Expense $ 356,800 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 35,587,629 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,397,971 $ 0 Custodial $ 5,756,661 $ 0 Maintenance $ 4,318,271 $ 0 Security $ 5,744,853 $ 0 Van Pool $ 383,665 $ 0 Sales $ 4,212,947 $ 0 Administration $ 11,997,112 $ 0 Railroad Excursions $ 1,776,149 $ 0 Facility Renovations $ 0 $ 0 Total $ 35,587,629 $ 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 Section 13. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 33,934,417 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 $ 599,546 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 $ 45,446,176 State Funds Budgeted $ 33,934,417 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 $ 3,442,900 $ 3,053,400 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 $ 45,446,176 $ 33,934,417 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 762,957 Regular Operating Expenses $ 180,568 Travel $ 8,764 Motor Vehicle Purchases $ 23,000 Equipment $ 23,324 Computer Charges $ 4,779 Real Estate Rentals $ 0 Telecommunications $ 7,116 Per Diem, Fees and Contracts $ 7,572 Capital Outlay $ 97,000 Goods for Resale $ 107,800 Total Funds Budgeted $ 1,222,880 State Funds Budgeted $ 0 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 $ 84,594,207 Personal Services $ 58,928,593 Regular Operating Expenses $ 4,276,500 Travel $ 724,800 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 $ 2,137,800 Utilities $ 1,979,900 Institutional Repairs and Maintenance $ 1,161,600 Grants to County-Owned Detention Centers $ 2,686,400 Service Benefits for Children $ 10,857,508 Purchase of Service Contracts $ 242,400 Capital Outlay $ 365,000 Total Funds Budgeted $ 86,418,507 State Funds Budgeted $ 84,594,207 Children and Youth Services Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 21,370,769 $ 20,641,369 Milledgeville State YDC $ 9,159,988 $ 8,790,288 Augusta State YDC $ 7,846,318 $ 7,508,018 Atlanta State YDC $ 4,453,998 $ 4,292,198 Macon State YDC $ 4,708,877 $ 4,483,777 Court Services $ 14,490,688 $ 14,490,688 Community Treatment Centers $ 3,054,827 $ 3,054,827 Day Centers $ 923,200 $ 923,200 Group Homes $ 835,331 $ 835,331 Purchased Services $ 12,198,518 $ 12,198,518 Runaway Investigation/Interstate Compact $ 913,656 $ 913,656 Assessment and Classification $ 447,415 $ 447,415 Youth Services Administration $ 5,894,922 $ 5,894,922 Multi-Service Centers $ 120,000 $ 120,000 Total $ 86,418,507 $ 84,594,207 Section 16. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 21,318,011 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 $ 2,155,000 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 State Commission on National and Community Service $ 224,000 Total Funds Budgeted $ 53,896,607 State Funds Budgeted $ 21,318,011 Department of Community Affairs Functional Budgets Total Funds State Funds Office of Commissioner $ 17,970,597 $ 16,561,297 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 $ 53,896,607 $ 21,318,011 Section 17. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 564,573,860 Personal Services $ 391,768,006 Regular Operating Expenses $ 53,527,240 Travel $ 1,952,550 Motor Vehicle Purchases $ 3,272,082 Equipment $ 3,785,068 Computer Charges $ 6,269,451 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 $ 1,375,000 County Subsidy $ 13,755,000 County Subsidy for Jails $ 4,217,200 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 $ 1,340,000 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 $ 568,990,155 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 564,573,860 Departmental Functional Budgets Total Funds State Funds Administration $ 66,608,252 $ 66,105,642 Institutions and Support $ 404,088,727 $ 402,966,727 Probation $ 98,293,176 $ 95,501,491 Total $ 568,990,155 $ 564,573,860 B. Budget Unit: Board of Pardons and Paroles $ 37,037,111 Personal Services $ 30,073,895 Regular Operating Expenses $ 1,169,584 Travel $ 691,100 Motor Vehicle Purchases $ 168,000 Equipment $ 164,860 Computer Charges $ 470,772 Real Estate Rentals $ 2,535,900 Telecommunications $ 813,500 Per Diem, Fees and Contracts $ 272,500 County Jail Subsidy $ 650,000 Health Services Purchases $ 27,000 Total Funds Budgeted $ 37,037,111 State Funds Budgeted $ 37,037,111 Section 18. Department of Defense . Budget Unit: Department of Defense $ 4,111,508 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 $ 519,000 Total Funds Budgeted $ 12,394,232 State Funds Budgeted $ 4,111,508 Department of Defense Functional Budgets Total Funds State Funds Office of Adjutant General $ 1,575,411 $ 1,406,863 Georgia Air National Guard $ 4,476,647 $ 506,931 Georgia Army National Guard $ 6,342,174 $ 2,197,714 Total $ 12,394,232 $ 4,111,508 Section 19. State Board of Education-Department of Education . A. Budget Unit: Department of Education $ 3,238,957,881 Operations: Personal Services $ 37,141,025 Regular Operating Expenses $ 4,213,220 Travel $ 1,119,167 Motor Vehicle Purchases $ 117,900 Equipment $ 451,323 Computer Charges $ 7,436,402 Real Estate Rentals $ 1,474,729 Telecommunications $ 1,203,382 Per Diem, Fees and Contracts $ 14,161,325 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 $ 128,798,307 Local Fair Share $ (614,199,984) Mid-Term Adjustment Reserve $ 78,705,327 Teacher Salary Schedule Adjustment $ 20,576,794 Other Categorical Grants: Equalization Formula $ 143,033,474 Sparsity Grants $ 3,609,604 In School Suspension $ 21,059,624 Special Instructional Assistance $ 51,005,135 Middle School Incentive $ 56,677,209 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 $ 2,047,671 Severely Emotionally Disturbed $ 36,338,108 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 $ 6,996,178 Georgia Learning Resources System $ 2,766,212 High School Program $ 17,741,249 Special Education in State Institutions $ 3,991,103 Governor's Scholarships $ 2,702,000 Job Training Partnership Act $ 0 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 $ 14,112,300 Mentor Teachers $ 1,000,000 Nutrition Education $ 65,000 Advanced Placement Exams $ 1,012,000 Tuition/Postsecondary Options $ 0 Family Connection Grants $ 1,325,000 Youth Apprenticeship Grants $ 280,272 Total Funds Budgeted $ 3,697,710,957 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,238,957,881 Education Functional Budgets Total Funds State Funds State Administration $ 4,075,184 $ 3,782,008 Instructional Services $ 20,546,899 $ 15,545,976 Governor's Honors Program $ 1,161,942 $ 1,050,740 Administrative Services $ 19,222,638 $ 14,718,904 Special Services $ 6,485,228 $ 3,068,292 Professional Practices Commission $ 848,847 $ 848,847 Local Programs $ 3,629,599,604 $ 3,185,036,304 Georgia Academy for the Blind $ 4,668,237 $ 4,479,236 Georgia School for the Deaf $ 6,413,189 $ 6,221,902 Atlanta Area School for the Deaf $ 4,689,189 $ 4,205,672 Total $ 3,697,710,957 $ 3,238,957,881 B. Budget Unit: Lottery for Education $ 157,986,898 Pre-Kindergarten for 4-year-olds $ 37,100,000 Computer Hardware/Software in Classrooms $ 32,087,500 Next Generation Schools $ 1,000,000 Distant Learning - Hardware and Cabling $ 14,104,078 Postsecondary Options $ 1,585,221 Educational Technology Centers $ 1,236,400 Safe Schools Grant $ 20,000,000 Media Center and Library Equipment $ 38,307,500 Model Technology Schools $9,864,199 Learning Logic Sites $ 924,000 Algebra Classrooms $ 753,000 Drug and Anti-Violence Education $ 1,025,000 Total Funds Budgeted $ 157,986,898 Lottery Funds Budgeted $ 157,986,898 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 $ 27,981,977 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 $ 38,304,663 State Funds Budgeted $ 33,596,709 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 1,751,234 $ 12,157 Field Services $ 32,475,986 $ 29,675,264 General Administration and Support $ 4,077,443 $ 3,909,288 Total $ 38,304,663 $ 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 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 $ 28,564,511 Personal Services $ 13,528,027 Regular Operating Expenses $ 887,342 Travel $ 281,946 Motor Vehicle Purchases $ 15,000 Equipment $ 119,531 Computer Charges $ 637,225 Real Estate Rentals $ 1,017,399 Telecommunications $ 308,294 Per Diem, Fees and Contracts $ 26,373,753 Cost of Operations $ 3,061,629 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 6,344,000 Intern Stipends and Travel $ 160,000 Art Grants of State Funds $ 2,807,357 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 $ 517,000 Grants - Local EMA $ 1,044,200 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 59,292,618 State Funds Budgeted $ 28,564,511 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 9,605,629 $ 9,605,629 Office of Fair Employment Practices $ 876,391 $ 770,760 Office of Planning and Budget $ 5,790,800 $ 5,790,800 Council for the Arts $ 4,090,036 $ 3,242,767 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 $ 1,567,702 $ 485,008 Children and Youth Coordinating Council $ 1,755,140 $ 499,318 Human Relations Commission $ 267,131 $ 267,131 Professional Standards Commission $ 3,410,260 $ 3,410,260 Georgia Emergency Management Agency $ 3,691,108 $ 1,042,292 Office of State Olympic Coordination $ 262,425 $ 262,425 Total $ 59,292,618 $ 28,564,511 Section 24. Department of Human Resources . A. Budget Unit: Departmental Operations $ 606,569,210 1. General Administration and Support Budget: Personal Services $ 52,136,377 Regular Operating Expenses $ 1,917,673 Travel $ 1,280,117 Motor Vehicle Purchases $ 1,279,129 Equipment $ 159,332 Real Estate Rentals $ 4,666,670 Per Diem, Fees and Contracts $ 757,614 Computer Charges $ 1,049,574 Telecommunications $ 650,171 Special Purpose Contracts $ 244,000 Service Benefits for Children $ 29,079,065 Purchase of Service Contracts $ 30,989,953 Institutional Repairs and Maintenance $ 62,500 Postage $ 942,145 Payments to DMA-Community Care $ 13,054,342 Total Funds Budgeted $ 138,268,662 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 83,248,154 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 $ 29,079,065 $ 23,163,642 Administrative Support Services $ 23,584,389 $ 22,289,442 Facilities Management $ 5,290,692 $ 4,271,227 Administrative Appeals $ 1,907,282 $ 1,907,282 Regulatory Services - Program Direction and Support $ 622,716 $ 612,716 Child Care Licensing $ 2,690,000 $ 2,690,000 Health Care Facilities Regulation $ 8,451,757 $ 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 $ (9,298,913) 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 $ 138,268,662 $ 83,248,154 2. Public Health Budget: Personal Services $ 50,462,846 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 $ 4,981,387 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 $ 11,346,416 Grant-In-Aid to Counties $ 87,099,623 Institutional Repairs and Maintenance $ 32,100 Postage $ 138,672 Grants for Regional Maternal and Infant Care $ 747,761 Total Funds Budgeted $ 244,480,194 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 128,625,602 Public Health Functional Budgets Total Funds State Funds District Health Administration $ 11,184,858 $ 11,055,183 Newborn Follow-Up Care $ 1,146,969 $ 901,440 Dental Health $ 1,387,074 $ 1,176,899 Stroke and Heart Attack Prevention $ 1,973,316 $ 1,443,316 Sickle Cell, Vision and Hearing $ 3,889,733 $ 3,493,431 High-Risk Pregnant Women and Infants $ 5,375,597 $ 5,263,597 Sexually Transmitted Diseases $ 2,712,000 $ 308,272 Family Planning $ 7,631,237 $ 4,447,839 Malnutrition $ 74,084,950 $ 0 Grant in Aid to Counties $ 50,928,839 $ 50,098,839 Children's Medical Services $ 12,906,997 $ 7,424,722 Emergency Health $ 2,897,420 $ 1,840,872 Primary Health Care $ 1,769,046 $ 1,409,035 Epidemiology $ 604,096 $ 441,796 Immunization $ 886,222 $ 0 Community Tuberculosis Control $ 5,532,904 $ 5,001,208 Maternal and Child Health Management $ 998,123 $ 674,510 Infant and Child Health $ 1,340,674 $ 484,680 Maternal Health - Perinatal $ 1,893,655 $ 774,438 Chronic Disease $ 1,040,461 $ 1,040,461 Diabetes $ 496,464 $ 496,464 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 $ 1,488,836 Vital Records $ 1,778,517 $ 1,561,221 Health Services Research $ 1,010,769 $ 787,951 Environmental Health $ 934,028 $ 757,935 Laboratory Services $ 5,148,151 $ 5,028,151 Community Care $ 3,479,533 $ 1,293,370 Community Health Management $ 544,767 $ 365,318 Aids $ 7,522,571 $ 3,507,852 Vaccines $ 11,237,625 $ 498,834 Drug and Clinic Supplies $ 3,066,690 $ 2,367,088 Adolescent Health $ 2,916,824 $ 1,862,724 Public Health - Planning Councils $ 172,566 $ 155,251 Early Intervention $ 9,070,996 $ 6,980,047 Public Health - Division Indirect Cost $ 0 $ (902,838) Total $ 244,480,194 $ 128,625,602 3. Rehabilitation Services Budget: Personal Services $ 66,313,300 Regular Operating Expenses $ 11,161,446 Travel $ 832,419 Motor Vehicle Purchases $ 58,090 Equipment $ 536,650 Real Estate Rentals $ 3,941,330 Per Diem, Fees and Contracts $ 7,667,222 Computer Charges $ 1,776,686 Telecommunications $ 1,474,049 Case Services $ 23,864,781 E.S.R.P. Case Services $ 27,000 Special Purpose Contracts $ 675,500 Purchase of Services Contracts $ 8,785,767 Institutional Repairs and Maintenance $ 204,550 Utilities $ 903,615 Postage $ 757,502 Total Funds Budgeted $ 128,979,907 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,546,200 Rehabilitation Services Functional Budgets Total Funds State Funds District Field Services $ 42,526,278 $ 9,012,555 Independent Living $ 654,036 $ 435,751 Sheltered Employment $ 1,665,376 $ 801,402 Community Facilities $ 7,928,747 $ 3,076,651 State Rehabilitation Facilities $ 7,139,556 $ 1,379,086 Diversified Industries of Georgia $ 1,032,121 $ 0 Program Direction and Support $ 3,216,353 $ 1,069,706 Grants Management $ 684,795 $ 684,795 Disability Adjudication $ 31,224,471 $ 0 Georgia Factory for the Blind $ 12,009,161 $ 797,378 Roosevelt Warm Springs Institute $ 20,899,013 $ 4,288,876 Total $ 128,979,907 $ 21,546,200 4. Family and Children Services Budget: Personal Services $ 39,999,257 Regular Operating Expenses $ 3,486,022 Travel $ 693,773 Motor Vehicle Purchases $ 0 Equipment $ 401,834 Real Estate Rentals $ 2,335,235 Per Diem, Fees and Contracts $ 12,776,471 Computer Charges $ 24,716,192 Telecommunications $ 4,104,182 Children's Trust Fund $ 1,049,584 Cash Benefits $ 460,860,944 Special Purpose Contracts $ 3,911,738 Service Benefits for Children $ 150,820,803 Purchase of Service Contracts $ 17,138,657 Postage $ 3,387,972 Grants to County DFACS - Operations $ 246,433,964 Total Funds Budgeted $ 972,116,628 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 373,149,254 Family and Children Services Functional Budget Total Funds State Funds Director's Office $ 392,892 $ 392,892 Social Services $ 3,824,334 $ 3,446,150 Administrative Support $ 5,678,165 $ 4,488,492 Quality Assurance $ 3,598,230 $ 3,598,230 Community Services $ 11,652,203 $ 976,682 Field Management $ 1,190,322 $ 1,190,322 Human Resources Management $ 1,894,341 $ 1,721,525 Public Assistance $ 27,380,743 $ 11,881,702 Child Support Recovery $ 44,182,442 $ 1,546,509 AFDC Payments $ 445,948,884 $ 167,810,220 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 $ 74,524,400 $ 27,786,671 Food Stamp Issuance $ 2,907,954 $ 0 County DFACS Operations - Homemakers Services $ 7,438,487 $ 2,007,560 County DFACS Operations - Joint and Administration $ 55,416,672 $ 26,222,368 County DFACS Operations - Employability Program $ 9,043,381 $ 3,393,534 Employability Benefits $ 20,975,278 $ 8,519,151 Legal Services $ 2,884,770 $ 2,262,574 Family Foster Care $ 31,797,658 $ 20,727,528 Institutional Foster Care $ 6,039,122 $ 4,648,054 Specialized Foster Care $ 2,261,063 $ 2,117,072 Adoption Supplement $ 6,903,437 $ 5,373,591 Prevention of Foster Care $ 6,468,139 $ 4,232,335 Day Care $ 81,274,983 $ 23,669,455 Outreach - Contracts $ 144,817 $ 144,817 Special Projects $ 1,301,316 $ 1,277,407 Children's Trust Fund Commission $ 1,215,511 $ 1,215,511 Indirect Cost $ 0 $ (7,358,595) Total $ 972,116,628 $ 373,149,254 Budget Unit Object Classes: Personal Services $ 208,911,780 Regular Operating Expenses $ 88,306,635 Travel $ 3,746,526 Motor Vehicle Purchases $ 1,351,919 Equipment $ 1,217,780 Real Estate Rentals $ 12,028,290 Per Diem, Fees and Contracts $ 26,182,694 Computer Charges $ 28,216,349 Telecommunications $ 6,957,312 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 $ 23,864,781 E.S.R.P. Case Services $ 27,000 Crippled Children's Clinics $ 656,000 Children's Trust Fund $ 1,049,584 Cash Benefits $ 460,860,944 Special Purpose Contracts $ 5,494,847 Service Benefits for Children $ 179,899,868 Purchase of Service Contracts $ 68,260,793 Grant-In-Aid to Counties $ 87,099,623 Institutional Repairs and Maintenance $ 299,150 Utilities $ 903,615 Postage $ 5,226,291 Payments to DMA-Community Care $ 13,054,291 Grants for Regional Maternal and Infant Care $ 747,761 Grants to County DFACS - Operations $ 246,433,964 B. Budget Unit: Communicty Mental Health/Mental Retardation and Institutions $ 428,525,529 Personal Services $ 349,016,687 Regular Operating Expenses $ 37,721,253 Travel $ 307,883 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 $ 8,765,793 Utilities $ 11,745,300 Institutional Repairs and Maintenance $ 1,775,000 Substance Abuse Community Services $ 46,958,397 Mental Retardation Community Services $ 88,101,028 Mental Health Community Services $ 26,150,059 Community Mental Health Center Services $ 57,683,410 Special Purpose Contract $ 294,118 Total Funds Budgeted $ 637,949,495 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 428,525,529 Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 45,112,421 $ 24,898,518 Brook Run $ 31,870,738 $ 13,659,638 Georgia Mental Health Institute $ 33,177,775 $ 26,175,994 Georgia Regional Hospital at Augusta $ 25,115,953 $ 20,565,950 Northwest Regional Hospital at Rome $ 29,120,564 $ 20,461,660 Georgia Regional Hospital at Atlanta $ 31,250,865 $ 23,518,502 Central State Hospital $ 140,264,629 $ 84,647,931 Georgia Regional Hospital at Savannah $ 25,704,298 $ 19,354,776 Gracewood State School and Hospital $ 48,563,451 $ 23,995,951 West Central Georgia Regional Hospital $ 23,948,581 $ 19,093,912 Outdoor Therapeutic Program $ 3,558,236 $ 2,677,959 Mental Health Community Assistance $ 10,485,040 $ 10,375,631 Mental Retardation Community Assistance $ 3,944,924 $ 2,940,782 Day Care Centers for Mentally Retarded $ 69,180,134 $ 32,860,876 Supportive Living $ 25,804,047 $ 21,684,527 Georgia State Foster Grandparents/Senior Companion Program $ 744,911 $ 744,911 Project Rescue $ 525,474 $ 525,474 Drug Abuse Contracts $ 1,116,768 $ 1,116,768 Community Mental Health Center Services $ 57,683,410 $ 52,922,616 Project ARC $ 382,273 $ 382,273 Metro Drug Abuse Centers $ 1,537,971 $ 1,342,471 Group Homes for Autistic Children $ 285,960 $ 285,960 Project Friendship $ 346,012 $ 346,012 Community Mental Retardation Staff $ 4,180,909 $ 4,180,909 Community Mental Retardation Residential Services $ 13,165,878 $ 13,165,878 Contract with Clayton County Board of Education for Autistic Children $ 93,600 $ 93,600 MH/MR/SA Administration $ 10,784,673 $ 6,506,050 Total $ 637,949,495 $ 428,525,529 Section 25. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 17,038,694 Personal Services $ 8,135,852 Regular Operating Expenses $ 1,398,008 Travel $ 290,000 Motor Vehicle Purchases $ 22,000 Equipment $ 61,800 Computer Charges $ 102,452 Real Estate Rentals $ 906,097 Telecommunications $ 229,129 Per Diem, Fees and Contracts $ 655,836 Local Welcome Center Contracts $ 139,100 Advertising and Cooperative Advertising $ 4,487,723 Georgia Ports Authority Lease Rentals $ 1,445,000 Foreign Currency Reserve $ 69,297 Payment to World Congress Center $ 300,000 Waterway Development in Georgia $ 0 Lanier Regional Watershed Commission $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 18,242,294 State Funds Budgeted $ 17,038,694 Department of Industry, Trade and Tourism Functional Budgets Total Funds State Funds Administration $ 8,757,472 $ 7,933,872 Economic Development $ 4,061,418 $ 3,901,418 Trade $ 895,143 $ 895,143 Tourism $ 4,528,261 $ 4,308,261 Total $ 18,242,294 $ 17,038,694 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 $ 88,320 Computer Charges $ 409,010 Real Estate Rentals $ 594,262 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

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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 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 Section 29. Department of Medical Assistance . A. Budget Unit: Medicaid Services $ 1,037,995,366 Personal Services $ 13,144,544 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 $ 2,801,101,544 Payments to Counties for Mental Health $ 52,234,107 Audit Contracts $ 772,500 SFY 1993 Medicaid Benefits, Penalties and Disallowances $ 57,374,067 Total Funds Budgeted $ 3,015,057,983 State Funds Budgeted $ 1,037,995,366 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 64,211,129 $ 3,946,695 Benefits, Penalties and Disallowances $ 2,910,709,718 $ 1,019,748,363 Community Services $ 920,051 $ 358,638 Systems Management $ 21,008,405 $ 5,636,925 Professional Services $ 3,911,751 $ 1,815,822 Program Compliance $ 4,105,894 $ 1,544,416 Financial and Hospital Reimbursement $ 1,502,715 $ 726,309 Maternal and Child Health $ 454,804 $ 160,254 Nursing Home Reimbursement $ 599,591 $ 299,631 Nursing Home and Hospital Policy $ 7,633,925 $ 3,758,313 Total $ 3,015,057,983 $ 1,037,995,366 B. Budget Unit: Indigent Trust Fund $ 139,118,799 Equipment $ 40,000 Per Diem, Fees and Contracts $ 23,539,346 Benefits $ 338,821,517 Total Funds Budgeted $ 362,400,863 State Funds Budgeted $ 139,118,799 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

Page 46

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 Section 31. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 71,671,963 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 $ 2,398,221 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 $ 500,000 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 McIntosh County $ 50,000 Payments to Georgia Agricultural Exposition Authority $ 2,333,254 Georgia Boxing Commission $ 15,000 Total Funds Budgeted $ 108,393,807 Receipts from Jekyll Island State Park Authority $ 514,350 Receipts from Stone Mountain Memorial Association $ 2,708,177 Receipts from Lake Lanier Islands Development Authority $ 3,362,900 Receipts from North Georgia Mountain Authority $ 492,127 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 71,671,963

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Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 6,508,800 $ 6,508,800 Parks, Recreation and Historic Sites $ 37,654,099 $ 15,102,760 Coastal Resources $ 2,228,832 $ 2,117,926 Wildlife Resources $ 29,451,447 $ 25,159,532 Environmental Protection $ 31,922,429 $ 22,179,745 Pollution Prevention Program $ 628,200 $ 603,200 Total $ 108,393,807 $ 71,671,963 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 $ 86,604,705 1. Operations Budget: Personal Services $ 52,115,047 Regular Operating Expenses $ 7,182,070 Travel $ 117,800 Motor Vehicle Purchases $ 3,265,000 Equipment $ 483,695 Computer Charges $ 3,516,000 Real Estate Rentals $ 7,400 Telecommunications $ 908,000 Per Diem, Fees and Contracts $ 367,150 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 50,000 Total Funds Budgeted $ 68,162,162 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 66,512,162 2. Driver Services Budget: Personal Services $ 16,141,663 Regular Operating Expenses $ 1,820,500 Travel $ 4,800 Motor Vehicle Purchases $ 0 Equipment $ 106,380 Computer Charges $ 0 Real Estate Rentals $ 53,300 Telecommunications $ 287,500 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 $ 20,092,543 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 20,092,543 Public Safety Functional Budgets Total Funds State Funds Administration $ 18,757,970 $ 17,257,970 Driver Services $ 20,092,543 $ 20,092,543 Field Operations $ 49,404,192 $ 49,254,192 Total $ 88,254,705 $ 86,604,705 B. Budget Unit: Units Attached for Administrative Purposes Only $ 13,576,666 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 $ 3,219,460 Capital Outlay $ 0 Total Funds Budgeted $ 14,375,480 State Funds Budgeted $ 13,288,480 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 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,068,041 $ 288,186 Georgia Peace Officers Standards and Training $ 5,241,255 $ 5,241,255 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 $ 18,443,521 $ 13,576,666 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 $ 6,470,845 Regular Operating Expenses $ 457,828 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 $ 1,734,016 $ 1,734,016 Transportation $ 3,229,158 $ 1,478,654 Utilities $ 5,403,392 5,233,492 Total $ 10,366,566 $ 8,446,162 Section 35. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 888,363,093 Personal Services: Educ., Gen., and Dept. Svcs. $ 977,858,500 Sponsored Operations $ 120,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 215,738,044 Sponsored Operations $ 140,000,000 Special Funding Initiative $ 9,208,094 Office of Minority Business Enterprise $ 336,138 Special Desegregation Programs $ 334,702 Forestry Research $ 313,687 Research Consortium $ 8,100,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 1,472,189,165 Departmental Income $ 35,000,000 Sponsored Income $ 260,000,000 Other Funds $ 285,798,772 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 888,363,093 B. Budget Unit: Regents Central Office and Other Organized Activities $ 146,508,706 Personal Services: Educ., Gen., and Dept. Svcs. $ 240,503,812 Sponsored Operations $ 68,545,719 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 123,320,873 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 $ 2,412,495 Residency Capitation Grants $ 2,700,999 Student Preceptorships $ 146,403 Mercer Medical School Grant $ 5,947,000 Morehouse School of Medicine Grant $ 4,706,000 Capital Outlay $ 300,000 Center for Rehabilitation Technology $ 2,154,439 SREB Payments $ 5,674,550 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 $ 7,475,339 Total Funds Budgeted $ 513,215,618 Departmental Income $ 0 Sponsored Income $ 113,196,449 Other Funds $ 252,954,763 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 146,508,706 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 $ 3,980,743 $ 1,649,854 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 $ 50,988,982 $ 32,690,329 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 $ 16,731,460 $ 16,731,460 Georgia Radiation Therapy Center $ 2,719,756 $ 0 Athens and Tifton Veterinary Laboratories $ 7,208,497 $ 51,524 Regents Central Office $ 21,097,262 $ 20,995,447 Total $ 513,215,618 $ 146,508,706 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 6,797,618 Operating Expenses $ 9,001,343 Total Funds Budgeted $ 15,798,961 Other Funds $ 15,798,961 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 22,799,512 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 Equipment - Vocational Instruction $ 2,000,000 Computer Labs - Vocational Instruction $ 240,000 Educational Equipment $ 200,000 Equipment - GMC $ 238,000 Total Funds Budgeted $ 22,799,512 Lottery Funds Budgeted $ 22,799,512 Section 36. Department of Revenue . Budget Unit: Department of Revenue $ 79,781,390 Personal Services $ 53,437,611 Regular Operating Expenses $ 4,420,138 Travel $ 1,368,174 Motor Vehicle Purchases $ 37,800 Equipment $ 873,551 Computer Charges $ 11,133,750 Real Estate Rentals $ 2,628,155 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 $ 84,392,660 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 79,781,390 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 6,627,279 $ 6,627,279 Internal Administration $ 10,411,609 $ 10,211,609 Electronic Data Processing $ 8,624,303 $ 7,809,103 Field Services $ 16,311,515 $ 16,011,515 Income Tax Unit $ 7,242,075 $ 6,542,075 Motor Vehicle Unit $ 17,295,515 $ 15,995,515 Central Audit Unit $ 6,900,939 $ 6,900,939 Property Tax Unit $ 4,056,399 $ 3,090,129 Sales Tax Unit $ 3,930,440 $ 3,600,640 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 2,946,586 $ 2,946,586 Total $ 84,392,660 $ 79,781,390 Section 37. Secretary of State . A. Budget Unit: Secretary of State $ 23,365,252 Personal Services $ 15,429,769 Regular Operating Expenses $ 2,537,914 Travel $ 216,350 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 $ 24,244,252 State Funds Budgeted $ 23,365,252 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,288,085 $ 3,258,085 Archives and Records $ 4,366,936 $ 4,291,936 Business Services and Regulation $ 4,567,374 $ 3,967,374 Elections and Campaign Disclosure $ 1,592,072 $ 1,572,072 Drugs and Narcotics $ 972,111 $ 918,111 State Ethics Commission $ 291,164 $ 291,164 State Examining Boards $ 9,166,510 $ 9,066,510 Total $ 24,244,252 $ 23,365,252 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 $ 967,302 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 $ 837,150 County Conservation Grants $ 424,000 Total Funds Budgeted $ 2,582,133 State Funds Budgeted $ 1,849,742 Section 39. Student Finance Commission A. Budget Unit: Student Finance Commission $ 26,926,367 Personal Services $ 4,719,120 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 $ 18,561,740 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 $ 543,740 Paul Douglas Teacher Scholarship Loans $ 425,000 Total Funds Budgeted $ 34,689,711 State Funds Budgeted $ 26,926,367 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,290,602 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 28,887,920 $ 26,415,178 Georgia Nonpublic Postsecondary Education Commission $ 511,189 $ 511,189 Total $ 34,689,711 $ 26,926,367 B. Budget Unit: Lottery for Education $ 45,113,789 Hope Financial Aid $ 39,413,797 Tuition Equalization Grants $ 5,699,992 Total Funds Budgeted $ 45,113,789 Lottery Funds Budgeted $ 45,113,789 Section 40. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,800,000 Personal Services $ 3,487,893 Regular Operating Expenses $ 347,750 Travel $ 26,650 Motor Vehicle Purchases $ 0 Equipment $ 12,400 Computer Charges $ 1,000,569 Real Estate Rentals $ 451,185 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 $ 9,561,947 State Funds Budgeted $ 3,800,000 Section 41. Department of Technical and Adult Education . A. Budget Unit: Department of Technical and Adult Education $ 134,636,691 Personal Services $ 3,711,713 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 $ 92,546,076 Operating Expenses-Institutions $ 19,142,056 Capital Outlay $ 915,000 Quick Start Program $ 6,792,561 Area School Program $ 23,995,460 Regents Program $ 2,660,920 Adult Literacy Grants $ 13,401,864 Total Funds Budgeted $ 165,303,769 State Funds Budgeted $ 134,636,691 Functional Budgets Total Funds State Funds Administration $ 5,849,832 $ 4,042,037 Institutional Programs $ 159,453,937 $ 130,594,654 $ 165,303,769 $ 134,636,691 B. Budget Unit: Lottery for Education $ 25,981,000 Special Education Equipment $ 200,00 Distant Learning - Satellit Dishes $ 439,000 Computer Hardware and Software $ 2,818,000 Capital Outlay - Computer Labs $ 2,544,000 Capital Outlay - Adult Literacy $ 3,480,000 Equipment - State Schools $ 14,500,000 Equipment - Area Schools $ 2,000,000 Total Funds Budgeted $ 25,981,000 Lottery Funds Budgeted 25,981,000 Section 42. Department of Transportation . Budget Unit: Department of Transportation $ 452,551,435 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 $ 660,539,177 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 $ 1,030,588,521 State Funds Budgeted $ 452,551,435 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 744,103,775 $ 193,592,346 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 $ 1,008,114,587 $ 445,223,158 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 Section 43. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 22,516,171 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 $ 6,460,100 Regular Operating Expenses for Projects and Insurance $ 719,000 Total Funds Budgeted $ 28,637,789 State Funds Budgeted $ 22,516,171 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 $ 12,504,343 Veterans Nursing Home - Augusta $ 7,036,300 $ 5,168,099 Total $ 28,637,789 $ 22,516,171

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Section 44. Workers' Compensation Board Budget Unit: Worker's 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 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) $ 378,397,683 Motor Fuel Tax Funds (Issued) $ 54,700,000 433,097,683 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 23,389,890 Motor Fuel Tax Funds (New) $ 0 23,389,890 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

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share for the operation of the National Center for State Courts. Section 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court. Section 48. Provisions Relative to Section 5, Superior Courts . The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of 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.

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Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial Education . The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 51. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 52. Provisions Relative to Section 11, 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.

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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 and laws of the state for emergency-type water and sewer projects. Provided, that from the appropriation made above for Local Assistance Grants, specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount City of Atlanta Contract for services from Clark/Atlanta University $ 135,000 City of Augusta Contract for services from National Science Center Foundation, Inc. 350,000 Richmond County Law Enforcement Training Center operations 50,000 Bibb County Board of Education Renovations to Alexander II School 25,000 Wheeler County Board of Education School facility construction 75,000 City of Moultrie Jail Renovations 50,000 Buford City Board of Education Real property acquisition 100,000 Cobb County Neighborhood Cobb program 25,000 Polk County Airport improvements 40,000 Carroll County West Georgia Regional Airport improvements 25,000 Muscogee County Renovations of Confederate Naval Museum 75,000 Butts County Renovations of facilities at Indian Springs 10,000 Bacon County Real property acquisition 50,000 Brantley County Courthouse renovations 10,000 City of Statesboro Recreation Department Operations 14,000 City of Jesup Auditorium renovations 10,000 McIntosh County Program for deprived children 15,000 City of Tybee Pier repairs 10,000 Union County Renovations to DFACS Facilities 65,000 Spalding County Renovations to DFACS Facilities 28,000 City of Plains School facility renovation 50,000 Houston County Board of Education School facility renovation 50,000 Wilcox County Livestock facility construction 80,000 Lanier County Board of Education Renovation of school facility 20,000 City of Cave Spring Park improvements 25,000 Charlton County St. George Community Rescue Unit acquisition 68,000 Athens/Clarke County Consolidated Government Athens Regional Library bookmobile acquisition 75,000 City of Cordele Lake Blacksheer Regional Library bookmobile acquisition 75,000 Coffee County Board of Education Satilla Regional Library book acquisition 75,000 Worth County Agriculture Pavillion improvements 20,000 Bleckley County Repairs to Community Recreation facilities 35,000 Clayton County Renovations to Community Services agency offices 40,000 Evans County Ambulance acquisition 10,000 Cobb County Board of Education Athletic Health Center construction 40,000 City of Columbus Construction of Battered Women Shelter 25,000 City of Cedartown Youth athletic field construction 10,000 Fannin County Contract for services from Georgia Mountain Health Services, Inc. 25,000 City of Decatur Contract for services from Georgia School-Age Care Association 50,000 City of Macon Preservation of Hay House 50,000 City of Boston Construction and repairs to Community facility 24,000 City of Perry Airport improvements 25,000 Telfair County Airport improvements 25,000 City of Eatonton Old Post Office building renovations 26,000 City of Nahunta City Hall equipment acquisition 10,000 City of Screven Police vehicle acquisition 10,000 Schley County Courthouse renovations 10,000 City of Augusta Renovation to John M. Tutt House 15,000 Douglas County Youth Athletic Organization 25,000 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.

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Provided, that from the appropriation made above for County Workcamp Construction Grants, a specific, mandatory appropriation pursuant to O.C.G.A. 42-2-12(a) is made as follows: Recipient Purpose Amount Muscogee County Planning and design of county correctional institution $ 447,000 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 1994. 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 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

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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. 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.

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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 [Illegible Text], salutatorian and Star Student; high schools with 100 to 149 FTE count, the [Illegible Text] and Star Student; high schools with 50 to 99 FTE count, the [Illegible Text] . 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. 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. 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.

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Provided, that the above amount of Lottery funds appropriated for Safe School Grants shall include fire security equipment for Walker County. 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 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.

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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. 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 as 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.

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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. The Department is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally retarded clients from hospitals to community residential settings. The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services. To provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acquisition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients. Section 60. Provisions Relative to Section 28, Law Department . Provided, the department is authorized to use other funds for the use of upgrading computer systems.

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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. The Department of Medical Assistance is authorized to extend Medicaid coverage to eligible nineteen and twenty year olds in foster care. 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%.

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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%. 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 sup-plant 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 [Illegible Text] 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 .

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It is the intent of this General Assembly that the Department purchase full size pursuit vehicles . Provided, that of the above appropriation for the Department of Public Safety, $50,000 is intended for improvements to public safety operation in Cobb County. Section 65. Provisions Relative to Section 35, Board of Regents, University System of Georgia 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

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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. 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:

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a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for fourlaning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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.

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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. 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 $499,923,158 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

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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 $10,000,00 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 unusal 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.

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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 . 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

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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 . 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.

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Section 78 . (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 1994 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

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class amounts are properly amended in the administration of the annual operating budget. Section 79 . 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 specifie sum being equal to the total of the Federal grant funds available in exeess 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 reappropriated 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 . The following authorizations to issue General Obligation Debt and the corresponding appropriations are hereby repealed: The existing but unexercised authorization to issue $13,500,000 in principal amount of General Obligation Debt for Georgia Ports Authority, Ga. Laws 1993, pp. 1819, 1900, and the existing

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but unexercised authorization to issue $36,855,000 in principal amount of General Obligation Debt for the Board of Regents of the University System of Georgia, which amount is remaining from the $80,100,000 in principal amount originally authorized by Ga. Laws 1993, pp. 1819, 1897. With regard to the appropriations in Section 45 to the State of Georgia General Obligation Debt Sinking Fund for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated State General Funds (New), $652,500 is specifically appropriated for the purpose of financing a coastal Georgia maritime trade and convention center 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,081,000 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 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $930,350 is specifically appropriated for the purpose of financing projects for the State Board of Education, by means of the acquisition, construction, development, extension,

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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 $4,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $13,763,835 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 $158,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriations designated State General Funds (New), $475,455 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 public library systems, through the issuance of not more than $5,465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $582,900 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 $6,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $277,965 is specifically appropriated for the purpose of financing facilities at Georgia Military College for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension,

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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 $3,195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,585,850 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 $6,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $1,305,000 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 $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. From the appropriation designated State General Funds (New), $313,200 is specifically appropriated for the purpose of financing 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 or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $309,285 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both

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real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,555,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $665,550 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 $7,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $782,000 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $435,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $230,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension,

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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. Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994.....$9,201,886,925 Section 83 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 84 . All laws and parts of laws in conflict with this Act are repealed. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 8, 1994. RETIREMENT AND PENSIONSCODE REVISION; CORRECTIONS. Code Title 47 Amended. No. 623 (House Bill No. 1218). 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

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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 State Treasurer, and inserting in lieu thereof director of the Office of Treasury and Fiscal Services, in Code Section 47-2-201, relating to membership in the Employees' Retirement System of Georgia of the director of the Office of Treasury and Fiscal Services, the State School Superintendent, the Commissioner of Insurance, the Secretary of State, the Attorney General, the Commissioner of Labor, the Commissioner of Agriculture, and the Public Service Commissioner and their eligibility for corresponding emeritus positions. (2) By adding , the term following section in the introductory language of subsection (a) and by striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in subsection (b) of 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, notice of election to become a member, and contributions. (3) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in subparagraph (f)(1)(B) of Code Section 47-2-266, relating to the membership in the Employees' Retirement System of Georgia of judicial employees and contributions.

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(4) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears in subsection (a) of Code Section 47-2-290, relating to judges, solicitors, and other employees of state courts subject to merit system; membership in the Employees' Retirement System of Georgia; contributions; and exemptions. (5) By striking nonprofit organization, domiciled in and inserting in lieu thereof nonprofit organization domiciled in in subsection (a) of Code Section 47-3-29, relating to deduction from the Teachers Retirement System of Georgia of membership dues of nonprofit organizations from benefit payments. (6) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in paragraph (1) of subsection (a) of Code Section 47-8-67, relating to election of survivors benefits coverage, contributions required for such coverage, effect of such coverage on appointment to the office of senior judge, and amount of survivors benefits. (7) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears in paragraph (2) of subsection (c) of 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. (8) By striking six month period. and inserting in lieu thereof six-month period. in paragraph (2) of subsection (c) of Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. (9) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in Code Section 47-12-44, relating to transfer of membership and contributions of district attorneys emeritus to the Employees' Retirement System of

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Georgia and payment of additional state contribution upon transfer. (10) By striking ; provided that and inserting in lieu thereof ; provided, however, that in the first paragraph (1); by designating the second paragraph (1) and paragraphs (2) and (3) as subparagraphs (A), (B), and (C), respectively; and by striking 47-16-101. and inserting in lieu thereof 47-16-101; in the undesignated text at the end of the first paragraph (1) of subsection (a) of Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and changes of option after receipt of payments. (11) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears in subsection (e) of Code Section 47-18-40, relating to agreement between state and federal government for state employees, like agreements between federal government and interstate instrumentalities, and division of retirement system. (12) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services the five times it appears in Code Section 47-18-43, relating to referendum on the question of coverage of positions covered by Chapter 12 of Title 47. (13) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears in Code Section 47-18-44, relating to referendum on the question of coverage of positions covered by Chapter 8 of Title 47. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 10, 1994.

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ELECTIONSCERTIFICATION OF POLITICAL PARTY CANDIDATES; CROSS REFERENCE. Code Section 21-2-154 Amended. No. 624 (House Bill No. 1219). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By deleting subsection (b) of Code Section 20-2-102, from subsection (b) of Code Section 21-2-154, relating to certification of political party candidates. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 10, 1994.

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OFFICIAL CODE OF GEORGIA ANNOTATEDCORRECTIONS; REENACTMENT. No. 625 (House Bill No. 1208). 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Reserved. Section 2 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By adding a comma following Fungicide in paragraph (11) of Code Section 2-7-92, relating to definitions relative to use and application of pesticides. Section 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By striking (b) and inserting in lieu thereof (a) in Code Section 3-6-23, relating to persons to whom wine may be sold by wholesale dealers.

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Section 4 . Reserved. Section 5 . Reserved. Section 6 . Reserved. Section 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By striking the words The applicants shall and inserting in lieu thereof The application shall in subsection (f) of Code Section 7-1-1006, relating to the opening of additional offices by mortgage lenders and mortgage brokers. (2) By striking punishable and inserting in lieu thereof punished in Code Section 7-1-1019, relating to criminal penalties. (3) By striking paragraph (4) of Code Section 7-8-1, relating to definitions relative to the safe use of remote service terminals, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (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 or defined parking area is to be used, maintained, lighted, and landscaped. Section 8 . Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking U.S.C. and inserting in lieu thereof U.S.C. Section in subsection (d) of Code Section 8-2-31, relating to the effect of state building, plumbing, electrical, and other codes. Section 9 . Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows:

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(1) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services twice in subsection (c) and once in paragraph (1) of subsection (f) and by striking the word director and inserting in lieu thereof commissioner three times in paragraph (1) of subsection (f) of Code Section 9-14-53, relating to habeas corpus clerks for certain judicial circuits, supplies and equipment, and reimbursement to counties. Section 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking attorney fees and inserting in lieu thereof attorneys' fees in subsection (a) of Code Section 10-1-255, relating to civil actions, effect of written tender of settlement, and limitation of actions relative to below cost sales. (2) By striking should applicant and inserting in lieu thereof should the applicant and by striking state, applicant and inserting in lieu thereof state, the applicant in the undesignated text at the end of Code Section 10-1-441, relating to registration of marks and when marks ineligible. (3) By striking Practices Act. and inserting in lieu thereof Practices Act. in paragraph (6) of subsection (a) of Code Section 10-1-661, relating to delivery of motor vehicles, modification of facilities, transfer of sales contracts, and warranties. (4) By adding or at the end of subparagraph (C) of paragraph (5) and by adding or at the end of subparagraph (A) of paragraph (11) of Code Section 10-1-871, relating to definitions regarding assistive technology warranties. (5) By striking the period and inserting in lieu thereof ; or at the end of subparagraph (b)(2)(A) of Code Section 10-1-873, relating to repair of nonconforming assistive technology devices, refunds or replacement of devices after attempt to repair, and sale or lease of returned device.

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(6) By striking the periods at the end of subparagraphs (A) and (B) and inserting in lieu thereof semicolons and by striking the period at the end of subparagraph (C) and inserting in lieu thereof ; or in paragraph (2), by striking motor-driven and inserting in lieu thereof motor driven in paragraph (7), and by striking the period and inserting in lieu thereof ; or at the end of subparagraph (A) of paragraph (11) of Code Section 10-1-891, relating to definitions regarding motorized wheelchair warranties. (7) By striking the period and inserting in lieu thereof ; or at the end of subparagraph (b)(2)(A) of Code Section 10-1-893, relating to repair of nonconforming motorized wheelchairs, refund or replacement after reasonable attempt to repair, and resale or release of returned motorized wheelchair. (8) By adding and at the end of paragraph (15) of Code Section 10-2-5, relating to powers and duties of the Commissioner of Agriculture relative to weights and measures generally. (9) By striking insure and inserting in lieu thereof ensure in Code Section 10-4-102, relating to physical standards for leaf tobacco warehouses and compliance as prerequisite for license. Section 11 . Reserved. Section 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking Title II and inserting in lieu thereof Title VI in subsection (a) of Code Section 12-5-38.1, relating to administration of funds and the water pollution control revolving fund. Section 13 . Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By striking (c)(3)(B)(iii) of this Code section, and inserting in lieu thereof (iii) of subparagraph (B) of this paragraph,

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in subparagraph (c)(3)(A) of Code Section 13-8-35, 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 coowners and inserting in lieu thereof co-owners in paragraph (1) of subsection (a) of Code Section 14-2-142, relating to number of shareholders. (2) By striking court ordered and inserting in lieu thereof court ordered in paragraph (1) of Code Section 14-3-854, relating to court ordered indemnification and payment of expenses. (3) By striking court-ordered and inserting in lieu thereof court ordered in paragraph (1) of Code Section 14-3-856, relating to indemnification of officers, employees, and agents. (4) By strikign prima facie evidence and inserting in lieu thereof prima-facie evidence in the introductory language of paragraph (4) of Code Section 14-8-7, relating to determination of existence of partnership. (5) By striking good-will and inserting in lieu thereof good will in subparagraph (B) of paragraph (3) of Code Section 14-8-9, relating to agency of partners for partnership. (6) By striking prima facie evidence and inserting in lieu thereof prima-facie evidence in subsection (b) of Code Section 14-8-23, relating to continuation of partnership after time of termination. (7) By striking subparagraph (b)(1)(B) of this Code section and inserting in lieu thereof subparagraph (B) of paragraph (1) of this subsection in paragraph (2) of subsection (b) and subparagraphs (A) and (B) of paragraph (3) of subsection (b) of Code Section 14-8-38, relating to application of partnership

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property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution. (8) By striking 90-day and inserting in lieu thereof 90 day in subsection (a) of Code Section 14-11-208, relating to reservation of name and transfer of reserved name, as enacted by an Act approved April 5, 1993 (Ga. L. 1993, p. 123). (9) By striking 14-11-902 through 14-11-903 and inserting in lieu thereof 14-11-902 and 14-11-903 in paragraph (3) of subsection (b) of Code Section 14-11-901, relating to merger of limited liability companies, as enacted by an Act approved April 5, 1993 (Ga. L. 1993, p. 123). (10) By striking (a) preceding the first sentence of Code Section 14-11-904, relating to articles of merger of a limited liability company, as enacted by an Act approved April 5, 1993 (Ga. L. 1993, p. 123). (11) By striking Code sections and inserting in lieu thereof Code Sections in paragraph (1) of subsection (b) of Code Section 14-11-1012, relating to court costs and counsel fees, as enacted by an Act approved April 5, 1993 (Ga. L. 1993, p. 123). (12) By adding a colon following company, except at the end of the introductory language of subsection (j) of Code Section 14-11-1107, relating to construction of provisions in derogation of common law, freedom of contract, principles of law and equity, severability, where companies may operate, laws as to professional services, personal liability of members, commerce with other nations and states, members as parties in court proceedings, amendment or repeal of chapter, construction of operating agreement and articles of organization, and interests as securities, as enacted by an Act approved April 5, 1993 (Ga. L. 1993, p. 123). Section 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner

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of administrative services in subsections (b) and (c) and by striking the word director and inserting in lieu thereof commissioner in subsection (b) of Code Section 15-6-27, relating to alternative procedure for hiring a secretary. (2) By striking division and inserting in lieu thereof department in subsection (h) of Code Section 15-6-28, relating to law clerks and court administrators for judicial circuits, status and compensation, qualifications, duties, and reimbursement of counties. (3) By striking director of the Department of Administrative Services twice and inserting in lieu thereof commissioner of administrative services in subsection (c) of Code Section 15-6-28.1, relating to employment of law clerks by chief judges of circuits having institutions for carrying out death sentences. (4) By striking the Council of Superior and inserting in lieu thereof The Council of Superior in subsection (a) of Code Section 15-6-30, relating to travel expenses for judges. (5) By striking this Code Section and inserting in lieu thereof this Code section in subsection (c) of Code Section 15-6-90, relating to longevity increases, separate provisions for operational expenses, local laws, and clerks currently in office. (6) By striking 15-6-88 through 15-6-92, and inserting in lieu thereof 15-6-88 through 15-6-90, this Code section, and Code Section 15-6-92, in Code Section 15-6-91, relating to the effect of superior court salary provisions on local legislation. (7) By striking 15-6-88 through 15-6-92. and inserting in lieu thereof 15-6-88 through 15-6-91 and this Code section. in Code Section 15-6-92, relating to the continuation of a fee system for a superior court clerk. (8) By striking Sheriffs' Retirement System and inserting in lieu thereof Sheriffs' Retirement Fund in paragraph (3) and by adding a semicolon at the end of paragraph (8) of Code Section 15-6-95, relating to priorities of distribution of

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fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court. (9) By striking one-half-day and inserting in lieu thereof one-half day in paragraph (3) of subsection (c), by inserting his before being sui juris in subparagraph (e)(1)(Y), and by striking publications cost and inserting in lieu thereof publication cost in subparagraph (e)(3)(A) of Code Section 15-9-60, relating to court costs relative to probate courts. (10) By striking council member and inserting in lieu thereof councilmember in Code Section 15-9-105, relating to eligibility of a member of the Executive Probate Judges Council of Georgia to hold office of judge of probate court. (11) By adding a comma after marijuana abuse in Code Section 15-11-58, relating to inspection of court files and records. (12) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in subparagraph (4) of subsection (k) of Code Section 15-18-14, relating to assistant district attorneys and their appointment, qualifications, compensation, personnel actions, and transfers and promotions. (13) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears, by striking the word director and inserting in lieu thereof commissioner, and by striking Social Security Act,' and inserting in lieu thereof Social Security Act, in Code Section 15-18-18, relating to alternate hiring procedure for secretaries, status and compensation, notification to the commissioner of administrative services, and reimbursement. (14) By deleting the comma after 20-3-250.8 in Code Section 15-20-3, relating to definitions of law school legal aid agencies.

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(15) By striking hereunder and inserting in lieu thereof under this chapter in subsection (c) of Code Section 15-20-4, relating to application to establish a legal aid agency. (16) By adding a comma after controlled substances in subsection (a) of Code Section 15-21-100, relating to imposition of additional penalty for offenses prohibited by Code Sections 16-13-30, 16-13-30.1, or 16-13-31. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking judge that and inserting in lieu thereof judge who in the last sentence of subsection (c) of Code Section 16-11-66, relating to interception of wire, oral, or electronic communication by party thereto and consent requirements for recording and divulging telephonic conversations to which a child under 18 years is a party. Section 17 . Reserved. Section 18 . Reserved. Section 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking `Sexual' abuse and inserting in lieu thereof Sexual abuse in the next-to-last sentence of paragraph (3.1) of subsection (b) of Code Section 19-7-5, relating to reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report. (2) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in paragraph (3) of Code Section 19-11-58, relating to Department of Human Resources designated state information agency and duties.

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(3) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in Code Section 19-11-59, relating to payment of district attorney's fee. (4) By striking Within 12 months after this subsection becomes effective, and inserting in lieu thereof By July 1, 1994, in subsection (i) of Code Section 19-15-2, relating to child abuse protocol committees, written child abuse protocols, and training of members. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking their nominee and inserting in lieu thereof the board's nominee twice in subsection (a) of Code Section 20-2-57, relating to organization of county boards of education, the chairperson and secretary, quorum, and records of proceedings. (2) By striking charge of the child to the school and inserting in lieu thereof charge of the child or to the school in Code Section 20-2-699, relating to the disposition of children taken into custody. 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 180 and inserting in lieu thereof 180 degrees Fahrenheit in subparagraph (B) of paragraph (7) of

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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 Speaker of the House and inserting in lieu thereof Speaker of the House of Representatives twice in subsection (b) of Code Section 28-5-5, relating to the Budgetary Responsibility Oversight Committee. (2) By adding and Accounts following Department of Audits in subsection (a) of Code Section 28-5-42, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes. Section 29 . Reserved. Section 30 . Reserved. Section 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By adding and following manufacture, in paragraph (4) in Code Section 31-11-31, relating to application for license for ambulance services. Section 32 . Reserved. Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking Code Sections 40-9-30 and 40-9-32. and inserting in lieu thereof Code Section 40-6-273. in subsection (c) of Code Section 33-7-11, relating to requirements of motor vehicle liability policies and coverage of claims against uninsured motorist. (2) By adding of this Code section between (a) and shall in subsection (b) of Code Section 33-24-41.2, relating to

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written notice by insurer to claimant of payment of claim in third-party settlement. (3) By adding of subsection (a) following (4) or (5) in paragraph (9) of Code Section 33-27-1, relating to group insurance requirements generally. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking thereto; provided: and inserting in lieu thereof thereto, provided that: in the introductory language of paragraph (16) of subsection (n) of Code Section 34-8-35, relating to the definition of the term employment for purposes of Chapter 8 of Title 34, the Employment Security Law. (2) By striking of this article following 34-9-2.1 in paragraph (2) of Code Section 34-9-1, relating to definitions relative to workers' compensation. (3) By striking thereto; provided: and inserting in lieu thereof thereto, provided that: in the introductory language of subsection (d) of Code Section 34-9-2, relating to the applicability of the workers' compensation law. (4) By striking business of the employer and inserting in lieu thereof business of the employer; and by striking injured employee and inserting in lieu thereof injured employee; in subsection (c) of Code Section 34-9-12, relating to employer's record of injuries, availability of board records, supplementary report on termination of disability, penalties, and routine reports. (5) By deleting the comma following specimen in paragraph (1) of subsection (d), by deleting the comma following equipment in division (e)(1)(C)(i), and by deleting the comma following results in division (e)(1)(C)(ii) of Code Section 34-9-415, relating to conduct of drug testing, types of tests, random testing, procedures for specimen collection and testing, laboratory qualifications, and confirmation tests.

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Section 35 . Reserved. Section 36 . Reserved. Section 37 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) By striking (2) and inserting in lieu thereof (3) in paragraph (6.1) of Code Section 37-1-1, relating to definitions regarding mental health. Section 38 . Reserved. Section 39 . Reserved. Section 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By deleting the comma following place in subparagraph (A) of paragraph (20) and by striking herein and inserting in lieu thereof in this Code section in subparagraph (C) of paragraph (24) of Code Section 40-1-1, relating to definitions relative to Title 40. (2) By deleting the comma following vehicle in subsection (a) of Code Section 40-1-5, relating to disclosure by a dealer of damage to a new motor vehicle. (3) By striking National Traffic and Motor Safety Act and inserting in lieu thereof National Traffic and Motor Vehicle Safety Act of 1966 in subsection (a) and by inserting a between for and Georgia in subsection (c) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new vehicles. (4) By striking antique vehicle and every hobby and inserting in lieu thereof antique or hobby in subsection (b) and by striking vehicles and hobby and inserting in lieu thereof vehicles or hobby in subsection (c) of Code Section 40-2-77,

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relating to special license plates for antique vehicles and hobby or special interest vehicles. (5) By striking an additional license for such license plate. and inserting in lieu thereof an additional such license plate. in subsection (b) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart. (6) By striking state of Georgia and inserting in lieu thereof State of Georgia in paragraph (9) of Code Section 40-2-87, relating to definitions relative to the reciprocal agreements for registration of commercial vehicles. (7) By inserting , provided that following property at the end of the introductory language of paragraph (19) of Code Section 40-3-4, relating to exclusions from the motor vehicle certificate of title law. (8) By inserting of 1966 after Safety Act in subsection (a) of Code Section 40-3-30, relating to the requirement of compliance with federal safety standards. (9) By inserting a period after the words original certificate at the end of the legend following paragraph (1) of Code Section 40-3-31, relating to lost, stolen, and destroyed certificates of title. (10) By striking 40-2-22 and inserting in lieu thereof 40-2-23 in Code Section 40-3-39, relating to compensation of local tag agents. (11) By deleting the comma after 40-4-5 in subsection (b) of Code Section 40-4-6, relating to penalties for failure to comply with motor vehicle identification requirements. (12) By striking copartnership and inserting in lieu thereof partnership in paragraph (4) of subsection (a) of Code Section 40-4-45, relating to sale of farm tractors. (13) By striking Title 40 and inserting in lieu thereof this title in paragraph (4) of Code section 40-5-1, relating definitions relative to drivers' licenses.

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(14) By deleting the comma following impairment in subsection (b) of Code Section 40-5-22, relating to persons not to be licensed to drive a motor vehicle. (15) By striking certified mail and inserting in lieu thereof registered mail in subsection (b) of Code Section 40-5-56, relating to suspension of a driver's license for failure to respond to a citation. (16) By striking departmennt and inserting in lieu thereof department in paragraph (3) of subsection (b) of Code Section 40-5-71, relating to procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permit. (17) By striking this Code and inserting in lieu thereof this title in paragraph (2) of subsection (c) of Code Section 40-5-75, relating to suspension of a driver's license for conviction of possession of marijuana or a controlled substance. (18) By striking and at the end of paragraph (2) and by inserting a comma following the driver and striking the period and inserting in lieu thereof a semicolon at the end of paragraph (3) of subsection (b) of Code Section 40-5-150, relating to issuance of a commercial driver's license. (19) By inserting a comma following 14 days in subsection (h) of Code Section 40-6-226, relating to offenses and penalties relative to handicapped parking. (20) By deleting the last sentence of Code Section 40-6-273, relating to the duty to report any accident resulting in death, injury, or property damage. (21) By striking the written report required by Code Section 40-9-30 and inserting in lieu thereof any written report which may be required by the local law enforcement agency in Code Section 40-6-274, relating to the exemption from the duty to stop at the scene of an accident when there is no second party to such accident.

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(22) By striking the written report required by Code Section 40-9-30 and inserting in lieu thereof any written report which may be required by a local law enforcement agency in subsection (e) of Code Section 40-6-275, relating to the duty to remove a vehicle from an interstate or multilane highway after a motor vehicle accident. (23) By deleting the comma following brakes in paragraph (1) of Code Section 40-7-4, relating to operating restrictions for off-road vehicles. (24) By inserting a comma following moved and deleting the comma following highway in subsection (b) of Code Section 40-8-7, relating to driving an unsafe or improperly equipped vehicle. (25) By deleting the comma following loading and by striking below, and inserting in lieu thereof in this Code section in Code Section 40-8-53, relating to required brake performance ability for all motor vehicles. (26) By deleting the comma following compartment in paragraph (5) of subsection (a) and by deleting the commas following smoke and vehicle in subsection (c) of Code Section 40-8-71, relating to motor vehicle exhaust systems. (27) By striking glazing material and inserting in lieu thereof glazing materials three times in subsection (a) and twice in subsection (c) and by striking material is and inserting in lieu thereof materials are in subsection (a) of Code Section 40-8-78, relating to safety glazing of motor vehicle windows and windshields. (28) By inserting shall be known and before may be in Code Section 40-8-180, the short title of the Vehicular Visible Emission Control Act. (29) By deleting 40-9-30, from Code Section 40-9-4, relating to certain exceptions to the reporting and proof of responsibility requirements.

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(30) By striking the report required under Code Section 40-9-30 and inserting in lieu thereof any accident report filed with the department in Code Section 40-9-41, relating to matters not to be evidence in civil actions for damages. (31) By deleting the comma following privilege in subsection (b) of Code Section 40-9-63, relating to installment payment of judgments arising out of motor vehicle accidents. (32) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance both times it appears in Code Section 40-9-100, relating to assigned risk plans for motor vehicle insurance. (33) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in Code Section 40-9-102, relating to insurance for persons renting U-drive-it vehicles. (34) By striking in the in the and inserting in lieu thereof in the in subsection (a) of Code Section 40-11-9, relating to derelict motor vehicles, determination of status, disposition, and violations and penalties. (35) By striking Class 2 and inserting in lieu thereof Class M in subsection (a) of Code Section 40-15-4, relating to the coordinator of the Motorcycle Operator Safety Training Program. (36) By striking Class 2 and inserting in lieu thereof Class M in paragraph (4) of Code Section 40-15-5, relating to requirements for instructors in motorcycle safety programs. Section 41 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By deleting the comma following facility twice and by deleting the comma following thereof twice in subsection (b) of Code Section 41-1-8, relating to treatment of publicly owned cultural facilities as nuisances.

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Section 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By deleting the commas following offense, authority, and contempt in subsection (a) of Code Section 42-4-6, relating to confinement and care of tubercular inmates and crediting of time spent in a hospital or institution against an inmate's sentence. (2) By striking report being and inserting in lieu thereof report's being in Code Section 42-4-8, relating to inquiry by the grand jury into the contents of the inmate record maintained by the sheriff. (3) By deleting the word or following workers, in paragraph (2) of subsection (a) of Code Section 42-5-59, relating to employment of inmates in the local community. (4) By inserting a comma between the words sentence and such person in the last sentence of subsection (c) of Code Section 42-8-65, relating to the effect of a confinement sentence where guilt has not been adjudicated. (5) By striking the comma following the word same in the first sentence of Code Section 42-9-57, relating to the effect of the pardons and paroles law on the probation power of courts. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking show; and inserting in lieu thereof show, in paragraph (1) of subsection (a) of Code Section 43-1-15, relating to itinerant entertainers. (2) By striking said Act and inserting in lieu thereof said chapter in subsection (j), by striking the semicolons and inserting in lieu thereof periods at the end of subsections (j) and (k), and by striking subsections (a), (d), or (e) and inserting in lieu thereof subsection (a), (d), or (e) in subsection (o) of Code Section 43-1-19, relating to grounds for refusing to grant or

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revoking licenses, application of Georgia Administrative Procedure Act, subpoena powers, and judicial review. (3) By striking care by health care and inserting in lieu thereof care by a health care in subparagraph (B) of paragraph (10) of Code Section 43-1B-3, relating to definitions relative to patient self-referral. (4) By striking Code Section 43-3-22 and inserting in lieu thereof Code Section 43-3-23 in subsection (a) of Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents. (5) By striking the `Georgia Professional Association and inserting in lieu thereof The Georgia Professional Association in subsections (c), (d), and (e), by striking accountants under Code Section 43-3-22, and inserting in lieu thereof accountants under Code Section 43-3-21,, and by striking required under Code Section 43-3-22, and inserting in lieu thereof required under Code Section 43-3-23, in subsection (d) of Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment. (6) By striking businesses; provided and inserting in lieu thereof businesses, provided that in paragraph (1) of subsection (b) and by striking statute and inserting in lieu thereof chapter in subsection (c) of Code Section 43-8-2, relating to local governing authority to license and regulate billiard rooms. (7) By striking hereunder and inserting in lieu thereof under this chapter in paragraph (1) and by striking within or without this state and inserting in lieu thereof inside or outside this state in paragraph (9) of subsection (a) and by striking said Act and inserting in lieu thereof said chapter in subsection (h) of Code Section 43-9-12, relating to grounds for refusal or revocation of licenses. (8) By striking the semicolon and inserting in lieu thereof a period at the end of subparagraph (b)(3)(A), by striking ; and and inserting in lieu thereof a period at the end of subparagraph (b)(3)(B), by deleting the and at the end of subparagraph

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(b)(3)(C), and by striking workers compensation and inserting in lieu thereof workers' compensation in paragraph (8) of subsection (b) of Code Section 43-10A-7, relating to licensing requirement and exceptions. (9) By striking four years and inserting in lieu thereof four years' in paragraph (3) of Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy. (10) By striking said Act and inserting in lieu thereof said chapter in subsection (j) of Code Section 43-10A-17, relating to enforcement of Chapter 10A of Title 43, relative to professional counselors, social workers, and marriage and family therapists. (11) By striking paragraphs (2) or (3) and inserting in lieu thereof paragraph (2) or (3) in paragraph (2) of subsection (f) of Code Section 43-11-21, relating to conscious sedation by dentists. (12) By striking the `Georgia Professional Association and inserting in lieu thereof `The Georgia Professional Association in paragraph (7) of subsection (a) of Code Section 43-11-47, relating to refusal to grant, or revocation of, licenses and disciplining licensees. (13) By striking entitled to, or be issued, such license, and inserting in lieu thereof entitled to or be issued such license in Code Section 43-11-71, relating to qualifications of applicants for license. (14) By striking state, or and inserting in lieu thereof state or in paragraph (2) of Code Section 43-13-5, relating to qualifications of driver training school instructors. (15) By striking director, or and inserting in lieu thereof director or in Code Section 43-14-11, relating to injunction for violation of Chapter 14 of Title 43, relative to electrical contractors, plumbers, conditioned air contractors, low voltage contractors, and utility contractors.

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(16) By inserting a comma between work and respectively in subsection (e) of Code Section 43-15-3, relating to the creation and membership of the State Board of Registration for Professional Engineers and Land Surveyors. (17) By inserting a comma following thereof in subsection (a) of Code Section 43-15-24, relating to construction of structures jeopardizing health, safety, or welfare and record of building permits. (18) By inserting a comma between initial registration and but in subsection (c) of Code Section 43-18-50, relating to application for funeral service apprenticeship and period of apprenticeship. (19) By deleting the comma following regulation in paragraph (4) of Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; notice; and hearing. (20) By inserting a comma following manage and by striking hereunder and inserting in lieu thereof under this article in Code Section 43-18-108, relating to violation of Article 2 of Chapter 18 of Title 43, relative to contracts for preneed funeral services. (21) By striking herewith and inserting in lieu thereof with this chapter in subsection (d) of Code Section 43-23-2, relating to creation and membership of the Georgia Board of Landscape Architects. (22) By striking health-related and inserting in lieu thereof health related in paragraph (3) of Code Section 43-26-3, relating to definitions relative to the Georgia Registered Professional Nurse Practice Act. (23) By designating the introductory language of this Code section as subsection (a), by redesignating subsections (a) through (c) as subsections (b) through (d), respectively, and by deleting the comma following Georgia in the introductory language of redesignated subsection (d) in Code Section 43-26-7,

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relating to requirements for licensure as a registered professional nurse. (24) By inserting a comma following individual in the introductory language and by adding a comma following license in paragraph (2) of Code Section 43-26-10, relating to practicing as a registered professional nurse without a license prohibited. (25) By inserting a comma between administer anesthesia and such anesthesia in Code Section 43-26-11.1, relating to the administration of anesthesia by a certified registered nurse anesthetist. (26) By striking board-approved and inserting in lieu thereof board approved in paragraph (1), by deleting the comma after government in paragraph (6) and the word and at the end of paragraph (6), and by deleting the period and inserting in lieu thereof ; and at the end of paragraph (7) of subsection (a) of Code Section 43-26-12, relating to exceptions to operation of Article 1 of Chapter 26 of Title 43. (27) By striking In this chapter the term: and inserting in lieu thereof As used in this chapter, the term: in Code Section 43-28-3, relating to definitions relative to occupational therapists. (28) By striking patient to and inserting in lieu thereof patient as to in subparagraph (a)(3)(F) of Code Section 43-28-8.1, relating to license requirements for therapy techniques involving physical agent modalities. (29) By striking hereunder and inserting in lieu thereof under this chapter in subsection (b), by inserting a comma between vendor and or in subsection (c), by striking thereof, or to, and inserting in lieu thereof thereof or to in subsection (c), and by deleting the commas following dispensing optician and hospital in subsection (c) of Code Section 43-29-18, relating to construction of Chapter 29 of Title 43, relative to dispensing opticians.

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(30) By adding a comma following 1993 in Code Section 43-34-144, relating to certification of persons practicing respiratory care on April 27, 1993. (31) By deleting the comma following examination in subsection (a) and by inserting Code before section in subsection (c) of Code Section 43-35-5, relating to examination fee, renewal and recording of licenses, issuance of certificate, display of licenses and certificates, and notice of change of address. (32) By striking weapon's permits and inserting in lieu thereof weapons permits in paragraph (10) of subsection (d) of Code Section 43-38-4, relating to creation, membership, secretary, records, and general powers and duties of the Georgia Board of Private Detective and Security Agencies. (33) By deleting the (a) designation from Code Section 43-39-14, relating to temporary and provisional licenses for psychologists. (34) By striking State Merit System and inserting in lieu thereof state merit system both times it appears in subsection (b) of Code Section 43-30-4, relating to the office of the real estate commissioner, qualifications, restrictions, staff, oath, duties and powers and reimbursement. (35) By striking paragraph (1) of subsection (c) of this Code section and inserting in lieu thereof paragraph (1) of this subsection in paragraph (2) of subsection (c) of Code Section 43-44-8, relating to requirements for licensure. (36) By deleting the commas following audiology twice and following practice in Code Section 43-44-16, relating to penalties for persons not legally registered or licensed to practice speech-language pathology and audiology. (37) By adding a comma following Fungicide in Code Section 43-45-16, relating to promulgation of regulations relative to persons engaged in structural pest control.

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(38) By adding a comma following Fungicide in Code Section 43-45-17, relating to enforcement authority of the Commissioner of Agriculture. (39) By striking hereunder and inserting in lieu thereof under this chapter and by striking hereto and inserting in lieu thereof to this chapter in Code Section 43-45-20, relating to injunctions. (40) By inserting commas following Title 14 and corporations in subsection (a) of Code Section 43-46-3, relating to prerequisites to engaging in business as a transient merchant. (41) By striking motor-driven and inserting in lieu thereof motor driven in paragraph (7) of Code Section 43-48-2, relating to definitions relative to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers. (42) By striking rebuilt or and inserting in lieu thereof rebuilt, or in Code Section 43-49-1, relating to the purpose of Chapter 49 of Title 43, relative to dealers in used watches. (43) By striking If its and inserting in lieu thereof Its in paragraph (3) of Code Section 43-49-2, relating to the definition of a secondhand watch. (44) By striking words and inserting in lieu thereof word both times it appears in subsection (a) of Code Section 43-49-3, relating to identifying tags affixed to secondhand watches and advertisements and displays as to secondhand watches. (45) By striking words and inserting in lieu thereof word in Code Section 43-49-4, relating to invoice of sale for secondhand watch, filing of duplicate invoice by vendor, and inspection by prosecuting attorney. (46) By striking thereunder and inserting in lieu thereof under this article in paragraph (2), by striking thereto and inserting in lieu thereof therewith in paragraph (4), and by striking thereto and inserting in lieu thereof to this article in paragraph (6) of subsection (a) of Code Section 43-50-21, relating

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to the general powers of the State Board of Veterinary Medicine and the liberal construction of those powers. (47) By striking herein and inserting in lieu thereof in this chapter in Code Section 43-51-5, relating to the adoption of rules and regulations by the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. (48) By inserting a comma between treated and and in Code Section 43-51-10, relating to classification of public water supply systems and wastewater treatment plants. (49) By deleting the commas following about to engage in, practice has been, to be engaged in, act or practice, person has engaged in, and about to engage in in subsection (a) and the same effect and be the same in subsection (b) of Code Section 43-51-13, relating to application by the director for injunctive relief authorized and rendering of judgment. Section 44 . Reserved. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking give bond and inserting in lieu thereof give such bond in Code Section 45-8-13, relating to deposit of funds in banks or depositories, deposit of securities by banks or depositories, and contract as to interest or compensation. (2) By striking director of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services in subsection (c) of Code Section 45-9-85, relating to payment of indemnification for death or disability generally, beneficiary, designation of method of payment, and procedure for making of payments. (3) By striking the period and inserting in lieu thereof ; and at the end of paragraph (1) of subsection (c) of Code Section 45-12-95, relating to duty of Office of Planning and

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Budget to encourage state agencies to identify and implement cost-saving measures. (4) By striking with the Article 5 and inserting in lieu thereof with Article 5 in paragraph (9) of Code Section 45-13-56, relating to powers and duties of the Historical Records Advisory Board. (5) By striking provided, and and inserting in lieu thereof provided and in division (15)(Z)(ii) of Code Section 45-20-2, relating to definitions relative to the merit system generally. (6) By striking federal and inserting in lieu thereof Federal in paragraph (1) of subsection (b) of Code Section 45-22-5, relating to exclusions from Chapter 22 of Title 45, exclusions from labeling requirements, and dissemination of information. Section 46 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By striking sawdust, feedstuff and inserting in lieu thereof sawdust, or feedstuff in division (7)(C)(xi) of Code Section 46-1-1, relating to definitions of public utilities and public transportation. (2) By striking interferred and inserting in lieu thereof interfered in subsection (e) of Code Section 46-4-99, relating to contracts with political subdivisions. Section 47 . Reserved. Section 48 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By striking governmental auditing standards and inserting in lieu thereof government auditing standards in paragraph (2) of subsection (a) of Code Section 48-8-121, relating to use of proceeds from special county sales tax.

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Section 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By designating the two undesignated paragraphs as subsections (a) and (b), respectively, of Code Section 49-4-16, relating to research, demonstration, and work experience programs and surplus food distribution. (2) By inserting (GED) preceding diploma in paragraph (1) of subsection (a) of Code Section 49-4-110, relating to participation of child in Youth Apprenticeship Program as condition of eligibility for assistance, documentation of enrollment, and federal waiver to permit implementation of requirements. (3) By striking commissioner of the Department of Human Resources and inserting in lieu thereof commissioner of human resources in Code Section 49-4-111, relating to employment and job-finding assistance to recipients of Aid to Families with Dependent Children and food stamps. (4) By striking health-care and inserting in lieu thereof health care in paragraph (5) of subsection (a) of Code Section 49-4-125, relating to scope of medical care and bases for payment. (5) By deleting of 1935 following Social Security Act in paragraph (8) of Code Section 49-4-141, relating to definitions relative to medical assistance generally. (6) By deleting of 1935 following Social Security Act in subsection (a) of Code Section 49-4-142, relating to the creation of the Department of Medical Assistance; the adoption, administration, and modification of a state plan; and drug application fees. (7) By striking totalling and inserting in lieu thereof totaling in subparagraph (a)(6)(A) of Code Section 49-4-146.1, relating to unlawful acts, violations and penalties, recovery of excess amounts, and termination and reinstatement of providers.

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(8) By designating the first two introductory paragraphs as subsections (a) and (b), respectively, of Code Section 49-4-154, relating to powers and duties retained by the Department of Human Resources. (9) By redesignating paragraph (18) as paragraph (9.1) of Code Section 49-5-3, relating to definitions relative to children and youth services. (10) By striking paragraph (18) and inserting in lieu thereof paragraph (9.1) in paragraph (8) of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, receiving children, reports, revocation or refusal of license, penalties for unlicensed operation or placement of children, penalties for interference with inspections, civil penalties, enjoining violations, and licensed day-care center defined. (11) By striking the section symbol and inserting in lieu thereof Section in Code Section 49-5-20, relating to existing charters of charitable institutions. (12) By inserting by before July 1, 1991. in subsection (d) of Code Section 49-5-223, relating to contents of the State Plan for the Coordinated System of Care, information to be collected, updating of the plan, and the implementation date. (13) By striking fifteen and inserting in lieu thereof 15 in the introductory language of subsection (a) of Code Section 49-5-241, relating to the Georgia Child Care Council, its members, length of terms, appointments, and removal of members. (14) By striking among the agencies of and inserting in lieu thereof at in paragraph (1) of Code Section 49-5-244, relating to functions and authority of the Georgia Child Care Council. (15) By striking division's functions and inserting in lieu thereof functions of the Division of Rehabilitation Services of the Department of Human Resources in paragraph (1) of

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Code Section 49-9-40, relating to definitions relative to vending facilities on state property. Section 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking `The Reach of Song,' and inserting in lieu thereof ` The Reach of Song , in Code Section 50-3-64, relating to the official historic drama of the State of Georgia. (2) By striking the Office of and inserting in lieu thereof the Office of in subsection (b) of Code Section 50-5-16, relating to liability insurance and self-insurance for state authorities. (3) By striking hereinafter provided for and inserting in lieu thereof provided for in this article in paragraph (1) of Code Section 50-5-51, relating to the powers, authority, and duties of the Department of Administrative Services. (4) By inserting between the word powers and the comma the words of the department in Code Section 50-5-167, relating to cooperation of state agencies with the Department of Administrative Services. (5) By inserting between the word powers and the comma the words of the department in Code Section 50-5-185, relating to the requirement that government agencies cooperate with the Department of Administrative Services. (6) By striking commissioner of the Department of Administrative Services and inserting in lieu thereof commissioner of administrative services both times it appears, by striking commissioner of the Department of Technical and Adult Education and inserting in lieu thereof commissioner of technical and adult education once, and by striking Board of Regents and inserting in lieu thereof University System of Georgia in subsection (b) of Code Section 50-5-196, relating to the Distance Learning and Telemedicine Network Governing Board; establishment; members; organization; function, powers, and duties; meetings; reimbursement of expenses; and annual report.

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(7) By striking uses and inserting in lieu thereof misuses in Code Section 50-5A-6, relating to the execution instanter against the director of the Office of Treasury and Fiscal Services when the director is liable to the state. (8) By striking University System and inserting in lieu thereof University System of Georgia in subsection (a) of Code Section 50-6-6, relating to the audit of school and university systems. (9) By inserting between the comma and Department of Transportation the word the in subsection (b) of Code Section 50-8-8, relating to grants and other disbursements of funds by the Department of Community Affairs. (10) By inserting a comma between the words coupons and exchangeable in Code Section 50-9-36, relating to the authorization of interim certificates and temporary bonds. (11) By striking the effective date of this subsection and inserting in lieu thereof April 16, 1990 in subparagraph (c)(2)(A) of Code Section 50-10-4, relating to purpose, powers under business corporation law, and prohibition against loans to persons convicted of controlled substance offense by the Georgia Development Authority. (12) By striking the comma between the words party and or in paragraph (4) of Code Section 50-13-2, relating to definitions under the Georgia Administrative Procedure Act. (13) By inserting a comma in the third sentence between the words and and in in paragraph (1) of subsection (a) of Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of rules. (14) By striking the period from the end of subparagraph (B) of paragraph (12) and inserting in lieu thereof a semicolon in Code Section 50-16-34, relating to the powers and duties of the State Properties Commission generally. (15) By striking the effective date of this Code section and inserting in lieu thereof March 30, 1990 in the introductory

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language of subsection (b) of Code Section 50-16-122, relating to requirements for real property acquired or disposed of by the state and filing conveyances with the State Properties Commission. 16 By striking Construction Division wherever the same shall appear and inserting in lieu thereof construction division in paragraph (2) of subsection (b) and by striking Financing and Investment Division wherever the same shall appear and inserting in lieu thereof financing and investment division in paragraph (3) of subsection (b) of Code Section 50-17-22, relating to the State Financing and Investment Commission. (17) By striking hereinafter provided and inserting in lieu thereof provided in this article in subsection (a) of Code Section 50-17-24, relating to the authority of the State Financing and Investment Commission to incur public debt. (18) By striking are and inserting in lieu thereof is in subsection (b) of Code Section 50-17-29, relating to miscellaneous pledges, authorizations, and exemptions concerning public debt. (19) By striking Federal Savings and Loan Insurance Corporation and inserting in lieu thereof Savings Association Insurance Fund of the Federal Deposit Insurance Corporation in Code Section 50-17-50, relating to the creation of the State Depository Board, membership, quorum, board to name state depositories, and assignment for administrative purposes. (20) By striking herein and inserting in lieu thereof in this subsection in subsection (a) of Code Section 50-25-7, relating to sales of files of public information. Section 51 . Reserved. Section 52 . Reserved. Section 53 . Reserved. Section 54 . Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the

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Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1993 supplements to the Official Code of Georgia Annotated published under authority of the state in 1993 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1994 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.

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Section 56 . All laws and parts of laws in conflict with this Act are repealed. Approved February 10, 1994. PROPERTY TAXESREPEAL OF ACT CREATING JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN COUNTIES HAVING WITHIN BORDERS CITY WITH POPULATION OF 300,000 OR MORE. No. 626 (House Bill No. 1289). 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. 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);

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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 . 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 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 upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in [Illegible Text] with this Act are repealed. Approved February 10, 1994.

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ELECTIONSNONPARTISAN ELECTION FOR LOCAL GOVERNMENT OFFICES; OFFICES OF CONSOLIDATED GOVERNMENTS; PRIOR NONPARTISAN PRIMARY OMITTED. Code Section 21-2-139 Amended. No. 630 (House Bill No. 1215). AN ACT To amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, so as to change provisions relating to nonpartisan elections for local government offices; to change the types of offices which may be made subject to nonpartisan election by local Act; to authorize local Acts to provide that such nonpartisan elections may be held during the general election without a prior nonpartisan primary; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, is amended by striking in its entirety Code Section 21-2-139, relating to the nonpartisan election of county offices and local school boards and school superintendents, and inserting in lieu thereof the following: 21-2-139. Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide by local Act for the election of such officers at nonpartisan elections without a prior nonpartisan

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primary. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan primaries, if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nomination, if applicable, and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries, if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries, if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local 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 February 18, 1994. REVENUE AND TAXATIONCARGO CONTAINERS; SALES AND USE TAX; EXEMPTION. Code Section 48-8-3 Amended. No. 631 (House Bill No. 1561). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by adding a new paragraph (39) to read as follows: (39) The use of cargo containers and their related chassis which are owned by or leased to persons engaged in the international shipment of cargo by ocean-going vessels which containers and chassis are directly used for the storage and shipment of tangible personal property in or through this state in intrastate or interstate commerce; . Section 2 . This Act shall become effective upon its approval by the Governor 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 18, 1994. GENERAL ASSEMBLYCOMPOSITION OF HOUSE DISTRICTS. Code Section 28-2-1 Amended. No. 632 (House Bill No. 1554). 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.

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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. 7, 8, 30, 32, 104, 105, 106, 107, 108, 109, 158, 164, 169, and 174 and inserting in lieu thereof new descriptions of said districts to read as follows: District: 7 GILMER COUNTY LUMPKIN COUNTY FANNIN COUNTY VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 101, 102, 103, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 162, 163, 164, 165, 166, 167, 168, 169, 170, 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, 220A, 228A, 228B, 229A, 230A, 232A, 233, 234A, 235A, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 259, 260A, 260B, 261, 262A, 262B, 263A, 264, 265, 266, 267A, 267B, 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 Tract: 9504. Block(s): 105, 117A, 117B, 117C, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 143, 144, 145A, 146A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 241A, 242A, 264A, 266, 267, 268, 301A, 301B, 302, 303, 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,

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326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 349C, 350A, 350B, 351, 352, 353, 354, 355, 356A, 356B, 357, 358A, 358B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430B, 431, 432, 433A, 434A, 436, 449, 452, 453, 454, 455, 456, 457, 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 Tract: 9505. 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, 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, 179, 180, 181, 182, 183, 184, 185, 186A, 186B, 187A, 187B, 188, 189, 190, 191, 201, 202, 203, 204A, 204B, 204C, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228, 229A, 229B, 230, 231A, 231B, 231C, 232, 233, 234, 235A, 235B, 236, 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, 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, 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, 395, 396, 397 Tract: 9506.98 Block(s): 126A

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District: 8 RABUN COUNTY TOWNS COUNTY UNION COUNTY WHITE COUNTY VTD: 0001 ROBERTSTOWN AND HELEN VTD: 0004 TESTANEE VTD: 0005 BLUE RIDGE VTD: 0006 TOWN CREEK VTD: 0011 SHOAL CREEK District: 30 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 109B, 110A, 110D, 110E, 110F VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) 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): 301, 302, 303, 304, 401C, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407E Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703, 801B VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s) 919A Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05

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Block(s): 402A Block(s): That part of Block 603A lying outside the city limits of Marietta Block(s): 701A, 704A, 802 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0095 SMYRNA 1 VTD: 0097 SMYRNA 3 (Part) Tract: 0311.03 Block(s): 110C VTD: 00A9 VININGS 1 VTD: 00B1 VININGS 2 VTD: 00B2 VININGS 3 District: 32 COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.07 Block(s): 105, 108B, 109, 114B VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.05 Block(s): 918 Tract: 0302.07 Block(s): 104B VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306.

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Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 123B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 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, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 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 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B 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 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05

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Block(s): 205B, 401D, 601B VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113D, 114A, 115B 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, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 917A, 917B, 917C, 917D, 919 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 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 601A, 602A, Block(s): That part of Block 603A lying inside the city limits of Marietta Block(s): 603B, 801, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03

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Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 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, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 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: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C District: 104 COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0022 TWENTY-SECOND (MADRAS) FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209 Block(s): That part of Block 210C not lying within the corporate limits of Fayetteville as of January 1, 1994 Block(s): 211B, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 501, 502 VTD: 0003 EUROPE

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VTD: 0004 FAYETTEVILLE EAST (Part) Tract: 1404.02 Block(s): 108A, 109A, 111A, 113A, 114, 116, 117, 118A, 119, 120, 121, 122, 123A, 123B, 124, 137A, 138A, 141A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309 VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1404.01 Block(s): 318A, 318B, 319A, 320, 321A VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK (Part) Tract: 1401.02 Block(s): 205, 206, 207, 208, 209, 210, 216, 217, 218, 219, 220, 221, 222, 223 Block(s): That part of Block 224B not lying within the corporate limits of Fayetteville as of January 1, 1994 Block(s): 225 Tract: 1404.01 Block(s): 211C VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS (Part) Tract: 1401.02 Block(s): 201, 202, 203, 204, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239 Tract: 1404.02 Block(s): 107, 108B Block(s): That part of Block 109B not lying within the corporate limits of Fayetteville as of January 1, 1994 Block(s): 110, 111B, 112, 113B, 115, 118D, 118E District: 105 FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01

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Block(s): That part of Block 210C lying within the corporate limits of Fayetteville as of January 1, 1994 VTD: 0002 BROOKS VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1401.02 Block(s): 224A Tract: 1402.01 Block(s): 324A, 327A Tract: 1403.01 Block(s): 101A, 102A Tract: 1404.01 Block(s): 210A, 210B, 211A, 212A, 213, 215A, 223A, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 301, 302, 303, 304, 305, 306, 307A, 308, 309, 310A, 310B, 311, 312A, 312B, 312C, 313A, 314A, 315A VTD: 0008 MORNING CREEK (Part) Tract: 1401.02 Block(s): That part of Block 224B lying within the corporate limits of Fayetteville as of January 1, 1994 VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0024 BANKS (Part) Tract: 1401.02 Block(s): That part of Block 109B lying within the corporate limits of Fayetteville as of January 1, 1994

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District: 106 COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part) Tract: 1703. Block(s): 409C, 409D Tract: 1706. Block(s): 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 641, 642 SPALDING COUNTY VTD: 0001 GRIFFIN ONE (Part) Tract: 1608. Block(s): 235, 236, 237, 239, 240, 241, 301, 302 Tract: 1609. Block(s): 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 219, 220, 221, 222, 223, 224, 225, 227 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B VTD: 0006 GRIFFIN SIX VTD: 0008 AFRICA VTD: 0012 EXPERIMENT (Part) Tract: 1604.

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Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part) Tract: 1605. Block(s): 160B, 161B, 178, 179 Tract: 1607. Block(s): 516B, 517B, 524B, 525, 526B, 527B, 530B, 532C, 532D, 533, 540, 548, 549, 550, 551, 557, 558, 559 Tract: 1612. Block(s): 119B, 120, 121, 122, 123B, 312B, 318, 321B, 401, 402, 403, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428B, 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 VTD: 0016 UNION District: 107 HENRY COUNTY VTD: 0015 HAMPTON VTD: 0035 LOWES VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 501, 502, 503, 504, 505 Tract: 0703.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 301, 302 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.03

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Block(s): 506, 507 SPALDING COUNTY VTD: 0001 GRIFFIN ONE (Part) Tract: 1604. Block(s): 123B, 160B, 162B, 163B, 164C, 165, 248A, 251A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 1605. Block(s): 168, 169, 170, 171, 172 Tract: 1608. 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, 227, 228, 229, 230, 231, 232, 233, 234, 238, 242, 243, 244, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444 VTD: 0002 GRIFFIN TWO (Part) Tract: 1603. Block(s): 208A, 213A, 214, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 1608. Block(s): 108A, 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 Tract: 1609. Block(s): 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441 VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 215, 227B, 234C, 235C, 429, 430, 433, 501, 502, 503, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519

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Tract: 1611. Block(s): 202A, 226, 228, 229A Tract: 1612. Block(s): 108, 109 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): 110B, 113B, 120B, 121, 122, 201B, 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, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0007 GRIFFIN SEVEN VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 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, 160A, 161, 162A, 163A, 164A, 164B, 169, 170 VTD: 0015 ORRS WEST (Part) Tract: 1612. Block(s): 312A, 428A District: 108 HENRY COUNTY VTD: 0010 FLIPPEN Tract: 0703.01 Block(s): 304, 305, 306

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Tract: 0703.02 Block(s): 104, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 237, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 Block(s): That part of Block 320 lying north of Long Branch extended to Interstate 75 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, 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154 VTD: 0030 LOVES VTD: 0040 MCDONOUGH AND WESTSIDE (Part) Tract: 0702.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0702.02 Block(s): 209B, 210, 216, 217A, 218, 219, 220, 221, 222, 223, 224, 225 Tract: 0702.03 Block(s): 226, 227, 261, 262, 263, 264 Tract: 0703.02 Block(s): 101, 102, 103, 106, 107, 129, 130, 131, 201, 202A, 202B, 202C, 202D, 203A, 203B, 204, 205, 206, 220, 221A, 221B, 222A, 222B, 222C, 222D, 223, 224, 225, 226A, 226B, 226C, 226D, 226E, 226F, 226G, 227A, 227B, 227C, 227D, 228, 229, 230, 231, 232, 233, 234A, 234B, 235,

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236A, 236B, 238, 239, 240, 301, 302, 303, 304, 305, 306, 307, 401, 402, 403A, 403B, 404A, 404B, 404C, 404D Block(s): That part of Block 405 lying east of Russell Road extended to Tomlinson Street Block(s): 406, 407A, 409A, 409B, 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, 443A, 444, 445, 446A, 446B, 447 VTD: 0045 MCMULLEN (Part) Tract: 0702.02 Block(s): 201, 202, 215, 217B, 227 Tract: 0702.03 Block(s): 102, 103, 104, 105, 106, 107, 108 VTD: 0055 SHAKERAG VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 458, 459 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.02 Block(s): 112 Tract: 0701.03 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130B, 131, 132A, 201A, 202, 203A, 203B, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 210A, 210B, 211, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239A, 240A, 324A, 326A, 405A, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420A, 420B, 420C, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442A, 443A, 455, 456, 457, 460, 461, 462, 463, 464, 465, 466, 470, 471 VTD: 0070 SWAN LAKE (Part)

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District: 109 BUTTS COUNTY HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0010 ELIPPEN (Part) Tract: 0703.02 Block(s): That part of Block 320 lying south of Long Branch extended to Interstate 75 Block(s): 321, 322, 323, 324, 325, 328, 329, 330 VTD: 0025 LOCUST GROVE VTD: 0040 MCDONOUGH AND WESTSIDE (Part) Tract: 0703.02 Block(s): 308, 309A, 309B, 326A, 326B, 327 Block(s): That part of Block 405 lying west of Russell Road extended to Tomlinson Street Block(s): 407B, 408A, 408B, 408C, 443B, 448, 449, 450, 501, 502, 503, 504, 505A, 505B, 505C, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 516B, 517A, 517B, 518A, 518B, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529A, 529B, 530, 531, 532, 533, 534A, 534B, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547A, 547B, 548, 549, 550A, 550B, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0045 MCMULLEN (Part) Tract: 0702.02 Block(s): 226 Tract: 0702.03 Block(s): 206, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276 VTD: 0050 SANDY RIDGE VTD: 0075 TUSSAHAW LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701.

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Block(s): 191, 192, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9702. Block(s): 144A, 144C, 145A, 145B, 145C, 145D, 145E, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 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, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 425, 426, 427, 502A, 503A, 504A, 505, 507, 508 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 306A, 307A, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D VTD: 0002 MILNER GMD 540 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. 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, 151, 152, 171, 172, 173, 174, 175, 176, 201, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523

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District: 158 STEWART COUNTY QUITMAN COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL VTD: 0004 MILFORD EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9901.98 Block(s): 179 Tract: 9902. Block(s): 428, 429, 430, 431 Tract: 9904. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 131, 132, 135, 136, 137, 169, 170, 171, 201, 213, 311B VTD: 0005 DAMASCUS MARION COUNTY VTD: 0005 BUENA VISTA MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 220, 221, 334A, 334B, 340A, 340B, 341 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 320A, 320B, 323B, 325, 326, 327, 329, 330, 331, 334, 457B, 458B, 458C, 459A, 462, 463C

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Tract: 9806. Block(s): 301 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105A, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 201A, 201B, 203, 206A, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218 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,

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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, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618 VTD: 0019 AUTREYVILLE DECATUR COUNTY 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,

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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) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 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, 323C, 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

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VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 121, 122, 123, 124, 125, 126, 127, 142, 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, 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: 169 BACON COUNTY BRANTLEY COUNTY CHARLTON COUNTY VTD: 0003 3 VTD: 0005 5 (Part) Tract: 9901.

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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 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 (Part) Tract: 0006. Block(s): 509, 510B, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 541, 543B PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) 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,

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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 District: 174 GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. 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, 206, 207, 208, 209, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 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, 279, 286, 287, 288, 289, 290, 291, 292, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620 Tract: 0005. Block(s): 901, 902, 903, 904, 905, 906, 907, 908 VTD: 0003 FANCY BLUFF 1366 (Part)

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Tract: 0010. Block(s): 234B, 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, 275, 276, 277, 278, 279, 280, 281, 282, 283, 290, 291, 292, 293, 294, 295, 296, 297, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 364, 365, 366, 367, 368, 369, 370, 371, 372, 377, 378, 379, 380, 381, 382, 383, 384, 388, 389, 390, 391, 392, 395, 396, 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, 456, 457, 458, 459, 460, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 585, 588 VTD: 0004 SSI CASINO 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0004. Block(s): 621, 622, 624 Tract: 0005. Block(s): 114B, 114C, 115, 116C, 116D, 117, 501, 502, 503, 504, 505, 506, 507, 508B, 509, 517, 518B, 519B, 527A, 527C, 528A, 528C, 701, 702, 703, 704, 705, 707, 801, 802, 803, 804, 805, 806, 807, 819, 820, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929D, 930C, 930D Tract: 0007. Block(s): 110D, 111, 112B, 112C VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 (Part) Tract: 0004. Block(s): 236 Tract: 0006.

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Block(s): 202, 203, 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, 502, 503, 504, 505, 506, 507, 508, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 544 VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 312, 314A, 314B, 315A, 315B, 316, 317, 318, 324, 325, 326, 327, 328, 329, 330, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759, 808, 809, 810, 811, 812, 813, 814, 823, 824, 825, 826 Tract: 0008. Block(s): 116, 117, 118, 119, 120, 121, 133, 134, 521 VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 114A, 116A, 116B, 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, 233, 234, 508A, 510, 513, 514, 515, 516, 518A, 519A, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529, 530, 929C, 930A, 930B, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946 Tract: 0007.

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Block(s): 110A, 110B, 110C, 112A, 114, 115, 116, 117, 118, 119A, 119C, 123, 124, 125 Tract: 0008. Block(s): 216 VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0004. Block(s): 623, 625 Tract: 0008. Block(s): 239A, 532, 533, 534, 546, 547, 548, 549 Tract: 0009. 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, 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, 301, 302, 303, 304, 305, 306, 307, 315, 317, 318, 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, 344, 345, 346, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 531, 532, 533, 534, 535, 536, 537, 550, 551, 552, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 665, 666, 667, 668, 669, 670 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0008. Block(s): 238, 239B, 522, 523 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all elections for members of the House of Representatives held on and after its effective date.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 23, 1994. LIMITED LIABILITY COMPANIES AND PARTNERSHIPSTRADE NAMES; CERTIFICATES OF LIMITED PARTNERSHIP; DISSOLUTION; EXECUTION OF TRANSFER INSTRUMENTS; ARTICLES OF ORGANIZATION; APPROVAL RIGHTS OF MEMBERS AND MANAGERS. Code Sections 10-1-492, 14-9-201, 14-9-801, 14-11-204, and 14-11-308 Amended. Code Section 14-11-611 Enacted. No. 636 (House Bill No. 1502). AN ACT To amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liability company names from the provisions of such part; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to the required contents of certificates of limited partnership; to change the provisions relating to events triggering dissolution of a limited partnership; to change the provisions relating to dissolution of limited partnerships; to provide for the execution of documents; to change the provisions relating to the required contents of articles of organization of a limited liability company; to change the provisions relating to approval rights of members and managers of limited liability companies; to correct a cross reference; to provide for the execution of deeds and other instruments; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, is amended by striking Code Section 10-1-492, relating to exemption of corporations and limited or professional partnerships, and inserting in lieu thereof a new Code Section 10-1-492 to read as follows: 10-1-492. This part shall not apply to corporations doing business under their corporate names, to limited partnerships doing business under their limited partnership names, or to limited liability companies doing business under their limited liability company names which have been filed for record pursuant to Chapter 9, 9A, or 11 of Title 14, as amended, or to persons practicing any profession under a partnership name. Section 2 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking subsection (a) of Code Section 14-9-201, relating to certificates of limited partnership, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership; (2) The address of the registered office and the name and address of the initial agent for service of process required to be maintained by Code Section 14-9-104; (3) The name and the business address of each general partner; and (4) Any other matters the general partners determine to include therein. Section 3 . Said title is further amended by striking Code Section 14-9-801, relating to events triggering dissolution of a limited partnership, and inserting in lieu thereof a new Code Section 14-9-801 to read as follows:

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14-9-801. A limited partnership is dissolved and its affairs must be wound up upon the first of the following to occur: (1) Events specified in writing in the partnership agreement; (2) Written consent of all partners; (3) An event of withdrawal of a general partner unless: (A) There remains at least one other general partner and the written provisions of the partnership agreement permit the business of the limited partnership to be carried on by the remaining general partner or general partners alone or together with new general partners, and that partner or those general partners do so; or (B) Within 90 days after the withdrawal, all partners (or such lesser number of partners as is provided for in the written provisions of the partnership agreement) agree in writing to continue the business of the limited partnership and, if there is no remaining general partner, to the appointment, effective as of the date of withdrawal, of one or more new general partners; or (4) Entry of a decree of judicial dissolution under Code Section 14-9-802. Section 4 . Said title is further amended by adding at the end of Article 8 of Chapter 9 of said title, relating to dissolution of limited partnerships, a new Code Section 14-9-805 to read as follows: 14-9-805. Deeds or other transfer instruments requiring execution after the filing of a certificate of cancellation by a dissolved limited partnership may be signed by any person who had authority to wind up the dissolved partnership

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under the provisions of subsection (a) of Code Section 14-9-803. Section 5 . Said title is further amended by striking subsection (a) of Code Section 14-11-204, relating to articles of organization of a limited liability company, which reads as follows: (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., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The articles of organization shall set forth the name of the limited liability company, which name must satisfy the requirements of Code Section 14-11-207. Section 6 . Said title is further amended by striking subsection (b) of Code Section 14-11-308, relating to approval rights of members and managers of limited liability companies, and inserting in lieu thereof a new subsection (b) to read as follows: (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 of 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

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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 14-11-505; (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; (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. Section 7 . Said title is further amended by adding at the end of Article 6 of Chapter 11 of said title, relating to events of dissociation, withdrawal, and dissolution, a new Code Section 14-11-611 to read as follows: 14-11-611. Deeds or other instruments requiring execution after the filing of a certificate of termination by a dissolved limited liability company may be signed by any person who had authority to wind up the dissolved limited liability company under the provisions of subsection (a) of Code Section 14-11-604.

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Section 8 . This Act shall become effective on March 1, 1994. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved February 28, 1994. DEPARTMENT OF INDUSTRY, TRADE, AND TOURISMCONVENTION AND TRADE CENTER IN CHATHAM COUNTY; GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER; ACQUISITION, CONSTRUCTION, OPERATION; CONTRACTS; LEASES. Code Title 50, Chapter 7, Article 4 Enacted. No. 642 (Senate Bill No. 415). AN ACT To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended by adding at the end thereof a new Article 4 to read as follows:

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ARTICLE 4 50-7-50. For purposes of this Code section, the following definitions shall apply: (1) `Department' means the Department of Industry, Trade, and Tourism. (2) `Local government' means, individually or in combination, the City of Savannah, Chatham County, or any development authority of either or both. (3) `Project' means a comprehensive convention and trade center, suitable for multipurpose use for housing trade shows; conventions; cultural, political, musical, educational, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the maritime, transportation, coastal, agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theaters; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. 50-7-51. (a) (1) The department is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare

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and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes. (2) The department may pay the costs of such project from any lawful fund source available for the purpose, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise. (3) The project shall be located in Chatham County, Georgia, and shall be known as the `Georgia International and Maritime Trade Center,' except that any facility included within the project may be otherwise designated. (b) A local government and the department are both authorized to contract with one another whereby local government may exercise on behalf of the department such future responsibility in connection with the construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the department is authorized by such contract to delegate to the local government corresponding responsibilities and powers with respect to the project and to transfer to the local government any and all contracts, plans, documents, or other papers of said department relating to the project, as compensation to the local government under such contract. To the extent provided by such contract with the department, local government on behalf of the department shall acquire, plan, construct, erect, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project. (c) Without limiting the generality of any provision of this article, the general purpose of the local government is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the department and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other

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events and related tourism within the state so as to promote the use of the project and the use of the industrial, maritime, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state. (d) The department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-51 to local government for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease may be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Office of Treasury and Fiscal Services and in further consideration that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consideration is good and valuable and sufficient consideration for such lease and in the interest of the public welfare of the State of Georgia and its citizens. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 1, 1994. CONTROLLED SUBSTANCES AND DANGEROUS DRUGSLISTING. Code Title 16, Chapter 13 Amended. No. 645 (House Bill No. 1217). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to

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change the listing of controlled substances and dangerous drugs; to change a cross reference; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking subparagraph (C) of paragraph (1) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place the following: (C) Reserved;. Section 2 . Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following: (VV) 4-Bromo-2, 5-Dimethoxyphenethylamine (DMPE); (WW) Alpha-Ethyltryptamine; (XX) Methcathinone;. Section 3 . Said chapter is further amended by striking paragraph (4) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place the following: (4) Any material, compound, mixture, or preparation which contains any of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (A) Fenethylline; (B) N-{1-benzyl-4-piperidyl} -N- phenylpropanamide (benzylfentanyl);

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(C) N-{1-(2-thienyl)methyl-4-piperidyl} -N- phenylpropanamide (thenylfentanyl);. Section 3.1 . Said chapter is further amended by redesignating current paragraph (5) as paragraph (6) of Code Section 16-13-25, relating to Schedule I controlled substances, and adding immediately following paragraph (4) a new paragraph (5) to read as follows: (5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers, (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation: Gamma hydroxybutyric acid (gamma hydroxy butytrate); and. Section 4 . Said chapter is further amended by adding the following subparagraph in the appropriate position in paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances: (G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM);. Section 5 . Said chapter is further amended by striking the period and inserting a semicolon at the end of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, and by adding immediately thereafter the following: (33) Zolpidem. Section 5.1 . Said chapter is further amended by striking subsection (d) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, and inserting in its place the following: (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in

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violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. Section 6 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (475.1) Iobexol; (1042.07) Zolpidem;. Section 7 . 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: (62.3) Apraclonidine; (62.5) Aprotinin; (151.7) Cefmetazole; (153.9) Cefuroxime; (194.7) Cisapride; (195.3) Cladribine; (332.7) Enoxaparin; (408.3) Gadodiamide; (428.5) Goserelin; (517.3) Levomethadyl;

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(529.9) Loratadine; (703.5) Perflubron; (838.5) Ribavirin; (973.5) Torsemide;. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 4, 1994. DEPARTMENT OF NATURAL RESOURCESSUBLEASE OF SPECIFIED PROPERTY AUTHORIZED; TERMS; APPROVAL BY U.S. ARMY CORPS OF ENGINEERS. Code Section 12-3-3 Amended. No. 653 (House Bill No. 1372). AN ACT To amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell; to permit the terms of said subleases to coincide with the terms of the existing primary leases with the Army Corps of Engineers; 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 12-3-3 of the Official Code of Georgia Annotated, relating to the powers of the Department of Natural Resources as to projects generally, is amended by striking the period at the end of paragraph (9) of subsection (b) and inserting in lieu thereof a semicolon and adding a new paragraph (10) to read as follows: (10) Notwithstanding the provisions of any other law, including the provisions of paragraph (2) of this subsection and the provisions of Article 2 of Chapter 16 of Title 50, the `State Properties Code,' the commissioner of natural resources is authorized to sublease the Park Marina property on Lake Allatoona at Red Top Mountain State Park, Bartow County, Georgia, and the Beaverdam Marina property on Richard B. Russell Lake, Elbert County, Georgia, for terms which coincide with the primary leases between the State of Georgia and the United States Army Corps of Engineers; provided, however, that said subleases are approved by the primary lessor, the United States Army Corps of Engineers. Section 2 . This Act shall become effective upon its approval by the Governor 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 11, 1994. GENERAL ASSEMBLYCOMPOSITION OF HOUSE AND SENATE DISTRICTS. Code Sections 28-2-1 and 28-2-2 Amended. No. 654 (Senate Bill No. 553). 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

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change the composition of certain House districts; to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 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 the descriptions of House districts No. 33, 34, 36, and 51 and inserting in lieu thereof new descriptions of said districts to read as follows: District: 33 COBB COUNTY VTD: 0002 AUSTELL (Part) Tract 0313.01 Block(s): 310A, 328A, 330A, 337A, 340 Tract: 0313.04 Block(s): 426, 501A, 513, 514, 515A, 520 Tract: 0314.04 Block(s): 505A, 510A, 511A Tract: 0314.98 Block(s): 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409,410, 411A, 412, 413, 414, 415, 416, 417A, 418A, 418B, 419, 420, 421, 423, 508, 510, 511, 513, 517 Tract: 0316.97 Block(s): 117 VTD: 0015 CLARKDALE (Part) Tract: 0314.98 Block(s): 0314.98 Block(s): 411B, 418D VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117 Tract: 0313.05

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Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04 Block(s): 501A, 502, 503, 504, 505B, 506, 507, 508, 509, 510B VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 319, 320, 321, 322, 323, 324, 325, 326, 328B, 328C, 328D, 330B, 337B, 337C, 337D, 337E, 338, 339, 341 Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 421A, 423, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516 Tract: 0314.04 Block(s): 501B, 511B Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part) Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451 VTD: 0080 PEBBLEBROOK VTD: 00A8 SWEETWATER 3 (Part) Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0314.04

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Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406 VTD: 00C2 BIRNEY 2 District: 34 COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07

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Block(s): 113B, 113C, 115A, 801A, 802A Tract: 0306. Block(s): 904, 905 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D Tract: 0309.03 Block(s): 401B, 401C, 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: 0078 OREGON 4 VTD: 00B6 KEMP VTD: 00B8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: 00C1 OREGON 5 District: 36 COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0314.04 Block(s): 108A, 108B, 602A, 605A, 609A, 609B, 610A, 611A, 612A Tract: 0314.98 Block(s): 204A, 208A, 250A, 250B, 301A, 302, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506A, 507, 509, 512, 514, 515A, 516, 518, 519, 520A, 521, 522A, 523A, 523B, 524, 525, 526, 527, 528A, 529A, 604, 606, 608A, 609, 611, 612, 613, 614A, 615A, 618, 619, 620, 621A, 622A, 623, 624, 625, 626, 627, 628, 629,

Page 179

701A, 702A, 705A, 707, 708, 713A, 713B, 713C, 713D, 716A, 717 VTD: 0015 CLARKDALE (Part) Tract: 0314.04 Block(s): 605B Tract: 0314.98 Block(s): 201, 202, 203, 204B, 205, 206, 207, 208B, 209, 210, 213, 247, 250C, 301B, 303B, 303C, 304B, 304C, 506B, 506C, 515B, 515C, 515D, 515E, 520B, 522B, 523C, 523D, 523E, 528B, 528C, 529B, 601, 602, 603, 605, 607, 608B, 610, 614B, 615B, 616, 617, 621B, 622B, 705B, 706, 712, 713E, 713F, 713G, 714, 715, 716B Tract: 0315.02 Block(s): 516B, 519B, 519C, 519D, 519E, 523B, 524, 528, 529, 530, 610A VTD: 0051 LOST MOUNTAIN VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: 00A6 SWEETWATER 1 VTD: 00A7 SWEETWATER 2 VTD: 00A8 SWEETWATER 3 (Part) Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109 District: 51 COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 VTD: 0070 MT. HARMONY

Page 180

VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527 FULTON COUNTY VTD: 00C9 9A VTD: 00D1 9B VTD: 00D2 9C VTD: 00D7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: 00E1 9L VTD: 00E3 9N VTD: 00E4 9P VTD: 00E6 9S VTD: 00F1 10D VTD: 00F2 10E VTD: 00F5 10H VTD: 00F7 10K VTD: 00X7 9T Section 2 . Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, is amended by striking from subsection (a) the descriptions of senatorial districts No. 5, 10, 11, 13, 28, 29, 33, 37, 38, 41, 42, 43, and 55 and inserting in lieu thereof new descriptions of said districts to read as follows: District: 5 DEKALB COUNTY VTD: 0011 BRIARLAKE

Page 181

VTD: 0013 BROCKETT VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE (Part) Tract: 0216.01 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119 VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0087 MONTREAL (Part) Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 00AD PLEASANTDALE VTD: 00AX SILVER HILL VTD: 00BB SMOKE RISE VTD: 00BF STONE MILL VTD: 00BG STONE MOUNTAIN VTD: 00BP TUCKER VTD: 00BU WARREN GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0011 408B VTD: 0050 405H (Part) Tract: 0504.03 Block(s): 101, 102, 103, 104, 202 Tract: 0504.10 Block(s): 301, 302, 303A, 303B, 304 VTD: 0064 405I

Page 182

VTD: 0073 408K (Part) Tract: 0507.06 Block(s): 209 District: 10 CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 922, 923, 924, 926A, 926B, 926C, 927, 928, 930, 945 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 104, 105, 106, 113, 114, 302, 303, 304, 305, 306, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516 Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 517B VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 604A, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A,

Page 183

206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 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 VTD: 0041 LAKE CITY 1 (Part) Tract: 0404.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 215, 301, 302A, 302B, 303, 304, 305, 311, 313, 315, 323A, 323B, 323C DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0039 EASTLAND VTD: 0047 FORREST HILLS VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0065 KIRKWOOD VTD: 0076 MCLENDON VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: 0091 NORTH DECATUR VTD: 00AA PETERSON VTD: 00AE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607

Page 184

VTD: 00AK REHOBOTH (Part) Tract: 0220.01 Block(s): 110, 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 425 VTD: 00BD SOUTH DECATUR VTD: 00BJ TERRY MILL VTD: 00BM TOOMER VTD: 00BY WHITEFOORD NORTH VTD: 00CA WHITEFOORD SOUTH VTD: 00CB WINNONA District: 11 EARLY COUNTY SEMINOLE COUNTY BAKER COUNTY VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL BROOKS COUNTY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129 VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0009 QUITMAN (Part) Tract: 9904. Block(s): 147A, 148A, 149, 150, 151, 152, 153, 154, 155A, 157A, 157B, 158A, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 219A, 226, 227, 230, 231, 232, 234A, 234B, 235A, 235B, 236, 237A, 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, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,

Page 185

315, 316, 317, 318, 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, 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 Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 168A, 169A, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 191A, 191B, 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, 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, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 336A, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 355, 356, 357A 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: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part)

Page 186

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, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 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, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 201, 202, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 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, 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, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384, 385, 386, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,

Page 187

413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 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, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 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, 334, 335, 336, 337, 338, 339, 340, 341, 342, 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 Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234, 238 Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 401, 402A, 402B, 403B, 403C, 416, 417, 418, 419A, 419B, 419C, 420, 421A, 421B, 422A, 422B, 422C Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 193, 194, 195, 196, 197 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210,

Page 188

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, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0013 RECOVERY GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435 VTD: 0035 RAGAN VTD: 0045 WOODLAND (Part) Tract: 9503. Block(s): 128A, 129A, 129B, 129C, 139, 140, 141, 142, 143, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 9505. 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, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439 LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,

Page 189

124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 216, 217, 301, 302, 303, 304, 305, 306, 307, 322, 323, 335, 336, 337, 338, 339, 340, 341, 342, 343, 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 VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0016 REDLANDS BAPTIST CHURCH (Part) Tract: 0114. Block(s): 310B, 312, 503B VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 495 VTD: 0019 CRAIG RECREATION CENTER MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS

Page 190

VTD: 0013 ARMORY (Part) Tract: 9608. Block(s): 166C, 167, 512B, 513B, 514B, 515, 516, 517, 518B, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 530 Tract: 9610. Block(s): 333, 334, 338 VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP District: 13 DOOLY COUNTY CRISP COUNTY TURNER COUNTY WORTH COUNTY IRWIN COUNTY BEN-HILL COUNTY VTD: 0002 EASTERN (Part) Tract: 9601. Block(s): 102 Tract: 9604. Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 351, 352, 411, 412, 413, 414A, 414B, 414C, 414D, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434 Tract: 9605. Block(s): 301, 308, 309, 316, 317, 324, 325, 332, 333A, 333B, 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, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521A, 521B, 522A, 522B, 523A, 523B,

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524A, 524B, 525, 526A, 526B, 526C, 527, 528, 529, 530, 531, 532A, 532B, 533, 534, 535, 536, 537, 538, 539, 542, 543A, 543B, 544A, 544B, 544C, 545A, 545B, 546, 547, 548A, 548B, 548C, 548D, 548E, 548F, 549, 550, 551A, 551B, 551C, 552, 553, 554A, 554B, 556, 557, 558, 559, 560, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 586, 591, 592 VTD: 0003 WESTERN (Part) Tract: 9603. 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, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 141C, 142A, 142B, 142C, 143, 144A, 144B, 144C, 144D, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 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, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316, 317A, 317B, 318, 319A, 319B, 319C, 320, 401, 402, 403, 404, 405, 406, 407A, 407B, 408A, 408B, 409A, 409B, 410, 411A, 411B, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425 Tract: 9604. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210A, 210B, 227, 228, 229, 230, 310, 311, 312, 313, 329, 330, 331, 332, 348, 349, 350 Tract: 9605. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104A, 104B, 105, 106, 107, 108A, 108B, 109A, 109B, 109C, 109D, 109E, 110A, 110B, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118A, 118B, 119A, 119B, 120, 121, 122A, 122B, 123, 124, 125, 126, 127A, 127B, 127C,

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128, 129, 130, 131A, 131B, 131C, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151A, 151B, 152, 153, 154A, 154B, 155A, 155B, 155C, 156, 157, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210A, 210B, 211A, 211B, 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, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 326, 327, 328, 329, 330, 331, 334, 335, 336, 337, 338A, 338B, 338C, 338D, 338E, 339, 340A, 340B, 340C, 340D, 341, 342A, 342B, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 369C, 370, 555 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: 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 (Part) Tract: 9701.

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Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 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 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. 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, 243, 244, 245, 246, 247, 248, 249, 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,

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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: 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 COOK COUNTY VTD: 0001 ADEL WEST VTD: 0003 PINE VALLEY VTD: 0006 RIVER BEND VTD: 0007 SPARKS MITCHELL COUNTY VTD: 0045 RAIFORD VTD: 0050 SALE CITY District: 28 COWETA COUNTY FAYETTE COUNTY VTD: 0002 BROOKS VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY

Page 195

VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN SPALDING COUNTY VTD: 0003 GRIFFIN THREE VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 127B, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 532A, 532B VTD: 0006 GRIFFIN SIX (Part) Tract: 1608. Block(s): 250, 303, 304, 305 Tract: 1612. Block(s): 201, 212, 213, 225, 301, 329, 330 VTD: 0007 GRIFFIN SEVEN VTD: 0008 AFRICA VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST (Part) Tract: 1605. Block(s): 160B, 161B, 178, 179

Page 196

Tract: 1607. Block(s): 524B, 525, 526B, 527B, 532C, 533, 540, 548, 549, 550, 551 Tract: 1612. Block(s): 312A, 318, 321B, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 428A, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461 VTD: 0016 UNION District: 29 HEARD COUNTY MERIWETHER COUNTY TROUP COUNTY PIKE COUNTY HARRIS COUNTY VTD: 0008 SKINNER SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO (Part) Tract: 1603. Block(s): 208A, 213A, 214, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 1608. Block(s): 108A, 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 Tract: 1609. Block(s): 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): 110B, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,

Page 197

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, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1607. Block(s): 520A, 529, 530A, 531 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0006 GRIFFIN SIX (Part) Tract: 1607. Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517A, 518, 519, 560, 561, 562 Tract: 1608. Block(s): 245, 246, 247, 248, 249, 306, 307, 308, 309, 310, 311, 430, 445, 446, 447, 448, 449, 450, 451, 452, 453 Tract: 1612. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 405A, 406A VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 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, 160A, 161, 162A, 163A, 164A, 164B, 169, 170 VTD: 0015 ORRS WEST (Part) Tract: 1607. Block(s): 516B, 517B, 530B, 532D, 557, 558, 559 Tract: 1612.

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Block(s): 119B, 120, 121, 122, 123B, 312B, 401, 402, 403, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447 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

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Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 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.

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Block(s): 206B Tract: 0309.02 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: 0047 HOWELLS 2 (Part) Tract: 0313.04 Block(s): 451, 454, 455 Tract: 0313.05 Block(s): 201, 202, 203, 204, 205, 211, 213, 214, 215, 216, 218, 220, 221, 222, 223, 224, 225, 226, 229, 307 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part) 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

Page 201

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, 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

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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, 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: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 311B, 312A, 315A, 317, 701A, 702A, 703A Tract: 0315.02 Block(s): 216A, 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, 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, 703A, 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)

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Tract: 0310.02 Block(s): 209B ` District: 37 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK 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, 110D, 110E, 110F, 110G, 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

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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, 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): 109A, 110A, 110B, 110C, 211A, 212A, 213A, 217A, 217C, 218A, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A Tract: 0315.02 Block(s): 301A, 302A, 302C, 303A, 304, 305, 504, 701A, 701B, 702A, 702B, 703B

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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: 38 COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 112, 113, 114, 115, 116, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 902, 917, 918, 922, 923 VTD: 0047 HOWELLS 2 (Part) Tract: 0313.05 Block(s): 206, 207, 208, 212, 217, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405, 406, 501, 502, 503, 504, 505, 506, 507, 508, 916, 919, 920, 921 VTD: 0070 MT. HARMONY FULTON COUNTY VTD: 0039 3A VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0058 4D VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B

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VTD: 00A8 8A VTD: 00B3 8E VTD: 00B4 8F VTD: 00B7 8J VTD: 00B8 8K VTD: 00B9 8L VTD: 00C9 9A VTD: 00D1 9B VTD: 00D2 9C VTD: 00D3 9D VTD: 00D4 9E VTD: 00D5 9F VTD: 00D7 9H VTD: 00E1 9L VTD: 00E3 9N VTD: 00E4 9P VTD: 00E6 9S VTD: 00E7 10A VTD: 00E8 10B VTD: 00E9 10C VTD: 00F1 10D VTD: 00F2 10E VTD: 00F3 10F VTD: 00F4 10G VTD: 00F5 10H VTD: 00F6 10J VTD: 00F7 10K VTD: 00F8 10L VTD: 00G1 10N VTD: 00G2 11A VTD: 00G9 11H VTD: 00H4 11M VTD: 00H5 11N VTD: 00T7 SC14 VTD: 00T9 SC16 VTD: 00X7 9T District: 41 DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN

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VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE VTD: 00AW SHALLOWFORD VTD: 00AY SILVER LAKE VTD: 00BQ VANDERLYN VTD: 00BR VERMACK GWINNETT COUNTY VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0042 406I VTD: 0043 406J VTD: 0050 405H (Part) Tract: 0504.03 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211 VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0070 406P VTD: 0071 406Q (Part) Tract: 0503.14 Block(s): 101, 102, 103, 201, 202, 203, 301, 302, 303, 304, 305, 401, 402, 501, 502 VTD: 0075 406R District: 42 DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE

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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: 0054 HERITAGE (Part) Tract: 0216.01 Block(s): 101, 102 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: 00AE PONCE DE LEON (Part) Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702 VTD: 00AK REHOBOTH (Part) Tract: 0217.04

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Block(s): 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 903, 904, 905, 906, 907, 908, 909, 910, 911, 916, 917, 918 VTD: 00AR SAGAMORE VTD: 00AU SCOTT VTD: 00BA SKYLAND VTD: 00BW WESLEY WOODS VTD: 00BX WESTCHESTER District: 43 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0022 CHAPEL HILL VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 00AB PHILLIPS VTD: 00AF RAINBOW VTD: 00AG RAINBOW PARK VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 403, 404, 405, 406, 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: 00AL ROCKBRIDGE VTD: 00AQ ROWLAND ROAD VTD: 00AT SALEM

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VTD: 00BC SNAPFINGER VTD: 00BE SPRING HILL VTD: 00BH STONEVIEW VTD: 00BV WESLEY CHAPEL District: 55 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0016 CANDLER VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0046 FLAT SHOALS VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: 00AC PINE LAKE VTD: 00AH REDAN NORTH VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402 VTD: 00AM ROCK CHAPEL VTD: 00AN ROWLAND VTD: 00AP ROWLAND HILLS VTD: 00AV SCOTTDALE VTD: 00BK TILSON VTD: 00BL TONEY VTD: 00BN TOWERS VTD: 00BT WADSWORTH Section 3 . This Act shall become effective upon its approval or upon its becoming law without such approval and

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shall apply to all elections for members of the General Assembly held on and after its effective date. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1994. BOARD OF ELECTIONSREPEALED; COUNTIES OF NOT LESS THAN 88,000 NOR MORE THAN 90,000. No. 713 (House Bill No. 1880). AN ACT To repeal an Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census), approved February 7, 1977 (Ga. L. 1977, p. 166), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4195), an Act approved April 14, 1982 (Ga. L. 1982, p. 5040), and an Act approved April 6, 1992 (Ga. L. 1992, p. 910); to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census), approved February 7, 1977 (Ga. L. 1977, p. 166), as amended by an Act approved April 12, 1982 (Ga. L. 1982, p. 4195), an Act approved April 14, 1982 (Ga. L. 1982, p. 5040), and an Act

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approved April 6, 1992 (Ga. L. 1992, p. 910) is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994. COUNTY PURCHASING AGENTPOWERS AND DUTIES; COUNTIES OF 500,000 OR MORE. No. 728 (Senate Bill No. 500). AN ACT To amend an Act creating a purchasing department in counties having a population of 200,000 or more, approved March 21, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a purchasing department in counties having a population of 200,000 or more, approved March 21, 1941 (Ga. L. 1941, p. 408), amended to apply to counties having a population of 550,000 or more by an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), as amended, is amended by striking in its entirety subsection 1 of Section 7, relating to powers and duties of the county purchasing agent, which reads as follows:

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1. Have sole power to purchase and supervise the storage and distribution of all supplies, materials or equipment required by any department, office, officer, board, commission or other agency of the county payment for which is made from the county treasury, except those required by the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare. Section 2 . Said Act is further amended by striking in its entirety subsection 4 of Section 7, which reads as follows: 4. Keep and maintain at all times an inventory of all property owned by the county and for that purpose consolidate the inventories furnished by individual county officers pursuant to section 91-801 of the Georgia Code of 1933. Section 3 . Said Act is further amended by striking in its entirety Section 13, relating to discarded property, which reads as follows: 13. All old or waste materials and other personal property discarded, replaced or held but not required by any agency for which the County Purchasing Agent has power to make purchases shall be surrendered to him and be disposed of by him under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority governing the redistribution, exchange, transfer, sale or other disposition of such property. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994.

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SUPERIOR COURT JUDGES RETIREMENT SYSTEMRECOVERY OF REJECTED SPOUSES' BENEFITS. Code Section 47-9-73 Amended. No. 765 (Senate Bill No. 253). AN ACT To amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to provide for related matters; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: (e) (1) Any member of this retirement system shall have the right to reject the spouses benefits provided by this Code section by notifying the board, in writing, of such rejection on a form to be supplied by the board. Any superior court judge who wishes to reject such benefits and who becomes a member of the retirement system on December 31, 1976, shall notify the board of such rejection by that date. Any superior court judge who subsequently becomes a member of the retirement system and who wishes to reject spouses benefits shall notify the board of such rejection within 60 days after becoming a superior court judge. (2) Any member of this retirement system who rejected the spouses benefits provided by this Code section

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pursuant to paragraph (1) of this subsection may subsequently obtain such benefits by so notifying the board, in writing, and by tendering all amounts which such member would have paid pursuant to subsection (a) of this Code section if such member had not rejected such benefits, together with interest thereon at the rate of 10 percent per annum. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994. BANKING AND FINANCENATION-WIDE RECIPROCAL BANKING; ACQUISITIONS. Code Title 7, Chapter 1, Article 2, Part 19 Amended. No. 766 (Senate Bill No. 451). AN ACT To amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to revise definitions and references; to provide for acquisitions by Georgia banks or bank holding companies and out-of-state banks and bank holding companies requiring the approval of the commissioner of banking and finance; to authorize an out-of-state bank holding company having a Georgia bank subsidiary, a Georgia bank, or a Georgia bank holding company to engage in certain

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acquisitions without the approval of the commissioner of banking and finance under certain conditions; to provide for notice to the Department of Banking and Finance; to revise prohibitions relative to certain acquisitions; to provide for legislative intent and construction; to authorize the adoption of resolutions by boards of directors of certain banks and bank holding companies to except such institutions from the provisions of such part; to provide for severability and intent; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, is amended by striking Code Section 7-1-620, relating to definitions used in such part, and inserting in lieu thereof a new Code Section 7-1-620 to read as follows: 7-1-620. As used in this part, the term: (1) `Acquire,' as applied to a bank holding company, means any of the following actions or transactions: (A) The merger or consolidation with another bank holding company; (B) The acquisition of the direct or indirect ownership or control of voting shares of another bank holding company or bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than 5 percent of any class of voting shares of such bank holding company or bank; (C) The direct or indirect acquisition of all or substantially all of the assets of another bank holding company or bank; or (D) The taking of any other action that would result in the direct or indirect control of another bank holding company or bank.

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(2) `Bank' means any insured institution as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h), or any institution eligible to become an insured institution as such term is defined therein, which, in either event: (A) Accepts deposits that the depositor has a legal right to withdraw on demand; and (B) Engages in the business of making commercial loans. (3) `Banking office' means any parent bank, branch bank, or bank office as such terms are defined in Code Section 7-1-600, or any other office at which a bank accepts deposits. The term banking office shall not include, however, the following: (A) Unmanned automatic teller machines, point-of-sale terminals, or other similar unmanned electronic banking facilities at which deposits may be accepted; (B) Offices located outside the United States; or (C) Loan production offices, representative offices, or other offices at which deposits are not accepted. (4) `Bank holding company' means any company which is either a bank holding company under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a). (5) `Control' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. (6) `Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships,

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corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities. (7) `Georgia bank' means a bank organized under the laws of this state or of the United States and, in either event, having banking offices located only in this state. (8) `Georgia bank holding company' means a bank holding company that: (A) Has its principal place of business in the State of Georgia; and (B) Is not controlled by a bank holding company other than a Georgia bank holding company. (9) `Out-of-state bank' means a bank other than a Georgia bank. (10) `Out-of-state bank holding company' means a bank holding company other than a Georgia bank holding company. (11) `Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are the largest. (12) `Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. Section 2 . Said part is further amended by striking Code Section 7-1-621, relating to the scope of such part, and inserting in lieu thereof a new Code Section 7-1-621 to read as follows:

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7-1-621. (a) Upon compliance with the provisions of Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition, and subject to the qualifications of subsections (c) and (d) below: (1) A Georgia bank holding company may acquire another Georgia bank holding company or Georgia bank; (2) A Georgia bank holding company may acquire an out-of-state bank holding company or an out-of-state bank; (3) An out-of-state bank holding company may acquire a Georgia bank holding company or a Georgia bank; and (4) An out-of-state bank holding company may acquire an out-of-state bank holding company having a Georgia bank subsidiary; provided, however, that the commissioner must rule on any application seeking approval to engage in a transaction under this paragraph not later than 90 days following the date of submission of a completed application to the commissioner seeking approval of such transaction. If the commissioner fails to rule on the application within the requisite 90 day period, the proposed transaction shall stand approved. (b) An out-of-state bank holding company having a Georgia bank subsidiary may acquire an out-of-state bank holding company that does not have a Georgia bank subsidiary or may acquire an out-of-state bank. Such out-of-state bank holding company shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with the federal bank regulatory authority or authorities seeking approval for the proposed transaction or such other information as the department shall request.

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(c) The commissioner shall not approve any application by an out-of-state bank holding company not having a Georgia bank subsidiary, other than a Georgia bank acquired pursuant to Code Section 7-1-622, to acquire either a Georgia bank holding company, a Georgia bank, or an out-of-state bank holding company having a Georgia bank subsidiary unless, in the state where the out-of-state bank holding company seeking to engage in an acquisition under subsection (a) or (b) of this Code section has its principal place of business, the laws governing the acquisition of banks or bank holding companies in such state by bank holding companies having their principal place of business outside such state, that do not otherwise apply to acquisitions of banks or bank holding companies in such state by bank holding companies in such state, expressly would permit a Georgia bank holding company controlling only a Georgia bank to acquire: (1) The out-of-state bank holding company seeking to make the proposed acquisition; and (2) The Georgia bank holding company, Georgia bank, or Georgia bank subsidiary of the out-of-state bank holding company proposed to be acquired if the principal place of business of such Georgia bank holding company or the offices of such Georgia bank were in such state. (d) Notwithstanding anything contained in subsection (a) or (b) of this Code section, no Georgia bank holding company or out-of-state bank holding company may: (1) Utilize the provisions of subsection (e) of Code Section 7-1-606 to operate branches of a single bank both in this state and in any other state; or (2) Directly or indirectly acquire a Georgia bank unless such bank has been in existence and continuously operated as a bank for a period of five years or more prior to the date of application to the commissioner for approval of such acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose

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of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period. Section 3 . Said part is further amended by striking Code Section 7-1-622, relating to acquisitions not requiring approval, and inserting in lieu thereof a new Code Section 7-1-622 to read as follows: 7-1-622. (a) As long as it notifies the department not less than 30 days following the consummation of the transaction, an out-of-state bank holding company having a Georgia bank subsidiary, a Georgia bank, or a Georgia bank holding company may engage in the transactions described in paragraphs (1), (2), and (3) below without the necessity of complying with Code Section 7-1-621: (1) The acquisition of a bank having banking offices in a state other than Georgia, if such acquisition has been consummated with assistance from the Federal Deposit Insurance Corporation under Section 13(c) of the Federal Deposit Insurance Act, as amended, 12 U.S.C. Section 1823(c); (2) The acquisition of an out-of-state bank, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a); or (3) The acquisition of a bank organized under the laws of the United States or of any state and operating under Section 25 or Section 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631, or a bank or bank holding company organized under the laws of a foreign country that is principally engaged in business outside the United States and which either has no banking office in the United States or has banking offices in the United States that are engaged only in business activities permissible for a

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bank operating under Section 25 or 25(a) of the Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sections 611 through 631. (b) An out-of-state bank or out-of-state bank holding company may engage in the acquisition of a Georgia bank if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a); provided, however, that the out-of-state bank or out-of-state bank holding company must divest the securities or assets acquired within two years of the date of acquisition. The department may, in its discretion, permit the out-of-state bank or out-of-state bank holding company to retain such interest for up to three additional periods of one year each. Section 4 . Said part is further amended by striking Code Section 7-1-623, relating to prohibited acquisitions, and inserting in lieu thereof a new Code Section 7-1-623 to read as follows: 7-1-623. (a) Except as expressly permitted under Code Section 7-1-621 or 7-1-622 or by federal law, no out-of-state bank holding company may acquire a Georgia bank holding company, a Georgia bank, or an out-of-state bank holding company controlling a Georgia bank. (b) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks. In addition, the commissioner shall have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets, through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions. Section 5 . Said part is further amended by striking subsection (a) of Code Section 7-1-624, relating to the applicability of Code Section 7-1-607 and the operation of Georgia bank

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subsidiaries by foreign corporations, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any Georgia bank holding company and any out-of-state bank holding company controlling a Georgia bank shall be subject to the provisions of Code Section 7-1-607 and the rules and regulations of the department applicable to bank holding companies. Section 6 . Said part is further amended by striking subsection (a) of Code Section 7-1-625, relating to severability and construction, and inserting in lieu thereof a new subsection (a) to read as follows: (a) It is the express intention of the Georgia legislature to provide a unified and orderly method of permitting limited interstate banking. Thus, if any provision of this part establishing the framework within which interstate banking may occur, providing for approval and supervisory powers of the department and the commissioner, or limiting expansion into this state to bank holding companies located in states satisfying the requirements of subsection (c) of Code Section 7-1-621 of this part is determined by final, nonappealable order of any Georgia or federal court of competent jurisdiction to be invalid or unconstitutional, this entire part shall be null and void and of no further force and effect from the effective date of such final determination. Section 7 . Said part is further amended by adding immediately following Code Section 7-1-626, relating to the rights of bank holding companies consisting of building and loan associations, a new Code Section 7-1-627 to read as follows: 7-1-627. (a) Notwithstanding any provision of this part to the contrary, if the board of directors of a Georgia bank or Georgia bank holding company adopts a resolution to except such bank or bank holding company from being acquired pursuant to the provisions of this part and files a certified copy of such resolution with the Department of Banking and Finance in person or by certified mail, the bank or bank holding company may not be acquired under this part. The board of directors may revoke the resolution by filing a certified copy of the revocation with the Department of Banking and Finance in person or by certified mail.

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(b) Notwithstanding the provisions of subsection (a) of Code Section 7-1-625 to the contrary, in the event any provision of this Code section is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this part, which shall remain of full force and effect. The General Assembly declares that it would have enacted the remaining portions of this part if it had known that any provision of this Code section would be declared or adjudged invalid or unconstitutional. Section 8 . The provision of this Act shall not become effective until July 1, 1995. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994. STATE BOARD OF EXAMINERS OF PSYCHOLOGISTSAUTHORITY; REQUIREMENTS FOR APPLICANTS; EXAMINATION. Code Title 43, Chapter 39 Amended. No. 767 (Senate Bill No. 512). AN ACT To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the authority of the State Board of Examiners of Psychologists; to change the provisions prohibiting unlicensed persons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relating to examinations of applicants; to provide for provisional licenses; to provide for immunity for certain actions; to repeal conflicting laws; and for other purposes.

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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 43-39-6, relating to the issuance of licenses to practice psychology, and inserting in its place the following: 43-39-6. The board shall have authority to establish a code of conduct and of ethics, to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. The board shall issue licenses to practice psychology to all persons who shall present satisfactory evidence of attainments and qualifications under this chapter and the rules and regulations of the board. Such licenses shall be attested by the joint-secretary under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice psychology in this state. It shall be the duty of the joint-secretary, under the direction of the board, to aid the prosecuting attorneys in the enforcement of this chapter and the prosecution of all persons charged with the violation of its provisions. Section 2 . Said chapter is further amended by striking Code Section 43-39-7, prohibiting unlicensed persons from holding themselves out as psychologists, and inserting in its place the following: 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 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

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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 be construed to prevent the teaching of psychology or the conduct of psychological research, provided that such teaching or research does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals by an unlicensed person. Persons holding a doctoral degree in psychology while working as an employee in a research laboratory, college, or university recognized by the board as meeting satisfactory accreditation standards may use the title `psychologist' in conjunction with activities permitted by this paragraph 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 was engaged in the practice of psychology as an employee of an agency or department of the state government, any of its political subdivisions, or community service boards as defined in Code Section 37-2-2 either prior to July 1, 1996, at a state intermediate care or skilled care facility for persons with mental retardation or prior to July 1, 1997, at any other facilities or offices of the entities previously mentioned, but only when that person is engaged in that practice as an employee of such entities; (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;

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(6) Nothing in this chapter shall be construed to prohibit any person from engaging in the lawful practice 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; (7) Nothing in this chapter shall be construed to prevent students, trainees, or assistants from engaging in activities defined as the practice of psychology, provided such persons are under the direct supervision and responsibility of a licensed psychologist and the student, trainee, or assistant does not represent himself or herself to be a psychologist. The board shall establish rules and regulations for the supervision of persons exempted under this paragraph; and (8) An individual licensed to practice psychology in another jurisdiction may practice psychology in Georgia without applying for a license, so long as the requirements for a license in the other jurisdiction are equal to or exceed the requirements for licensure in Georgia, and the psychologist limits that person's practice in Georgia to no more than 30 days per year, as defined in the rules and regulations of the board. Section 3 . Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 43-39-8, relating to applications for license, and inserting in its place the following: (2) Has completed the requirements of a doctoral degree from a professional training program in applied psychology, including but not limited to clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards. Any person who has received a doctoral degree in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards and who has also completed an organized retraining program in applied psychology acceptable to the board shall also meet the degree requirements of this paragraph.

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Section 4 . Said chapter is further amended by striking Code Section 43-39-9, relating to licensing examinations, and inserting in its place the following: 43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Section 5 . Said chapter is further amended by designating as subsection (a) the existing provisions of Code Section 43-39-14, relating to temporary licenses, and inserting immediately thereafter the following: (b) The board may issue a provisional license to an applicant for a permanent license. The provisional license may be granted to an individual who has passed all written examinations and completed all other requirements for permanent license except for the postdoctoral supervised work experience requirement and the oral examination. Provisional licensure will expire in 24 months unless the board grants an exception, or in the event of the granting of a permanent license, whichever occurs first. The provisional license shall not be renewable. An individual who is licensed under this subsection is restricted to the stipulations of the supervised work experience requirement. Provisional licensure will be granted only to an individual who is in the process of completing the postdoctoral supervised work experience requirement and is subject to revocation if the board determines that the requirements of the supervised work experience are not being satisfactorily met. The revocation of a provisional license shall not be considered a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' but a

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holder of a provisional license shall have a right to appear before the board. Section 6 . Said chapter is further amended by adding immediately following Code Section 43-39-19 a new Code section to read as follows: 43-39-20. Any psychologist licensed under this chapter who testifies in good faith without fraud or malice in any proceeding relating to a licensee's or applicant's fitness to practice psychology, or who in good faith and without fraud or malice makes a report or recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for such actions. No psychologist licensed under this chapter who serves as a supervising or monitoring psychologist pursuant to a public or private order of the board shall be liable for any damages in an action brought by the supervised or monitored psychologist provided that the supervising or monitoring psychologist was acting in good faith without fraud or malice. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994. EMINENT DOMAINPETROLEUM AND GAS PIPELINES; LEGISLATIVE FINDINGS; PETROLEUM PIPELINE STUDY COMMITTEE; DUTIES; TEMPORARY SUSPENSION OF RIGHT OF EMINENT DOMAIN; EXCEPTIONS; WAIVERS. Code Sections 22-3-70 through 22-3-72 Enacted. Code Section 22-3-80 Amended. No. 768 (Senate Bill No. 626). AN ACT To amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum

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and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995; to suspend the exercise of the right of eminent domain in this state by petroleum pipeline corporations for a period ending on March 31, 1995; to provide for applicability; to provide for a waiver; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, is amended by designating Code Sections 22-3-80 through 22-3-83 as Part 2 of Article 4 and by inserting a new Part 1 of Article 4 to read as follows: Part 1 22-3-70. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that: (1) The natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens and the State of Georgia has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (2) In furtherance of the goals stated in paragraph (1) of this Code section, the State of Georgia has implemented a process of identifying areas of `regionally important resources,' which areas are to be protected from development through the creation of management plans that provide recommendations and guidelines for development in these areas, and the initial management plans for three such preliminary designated areas are

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expected to be completed and approved by the Department of Community Affairs by 1995; (3) The siting, construction, and operation of petroleum pipelines create significant impacts on land, including, among other things, the destruction of property, buildings, crops, forests, wetlands, and wildlife habitat associated with the construction of such pipelines; the permanent and continued clearing of the pipeline path necessary for aerial surveillance, thereby eliminating the possibility of many types of land use on such property, including the growth of trees; and restrictions on other land development on or along the pipeline path that may be inconsistent with the pipeline's operation and safety; (4) The siting, construction, and operation of petroleum pipelines further create significant potential impacts on land usage, including, among other things, impacts associated with slow leakage of product into ground water and surrounding areas that may go undetected for long periods of time; impacts associated with catastrophic spills and ruptures that may seriously pollute surface and ground waters, destroy wildlife and wildlife habitat, and threaten water supplies, including such spills as those occurring on Colonial Pipeline Company pipelines in March, 1993, near Herndon, Virginia; in December, 1991, near Greenville, South Carolina; and in December, 1989, near Fredericksburg, Virginia; and impacts associated with additional development in or around pipeline paths that may result in damage to pipelines and leakage or spilling of product; (5) There has occurred in this state a significant pollution of ground water in Crawford County, approximately ten miles north of Fort Valley, by petroleum products which leaked undetected from a Colonial Pipeline Company pipeline during the period of 1973 through 1976, the impact of which is only now being discovered and ascertained; (6) The impacts on land associated with the siting, construction, and operation of petroleum pipelines may

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be inconsistent with standards for land use necessary to protect and preserve the State of Georgia's natural resources, environment, and vital areas and also may be inconsistent with any management plans developed for areas of `regionally important resources' approved by 1995 for the areas preliminarily designated as such; (7) State law presently provides that `any corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent domain' (Code Section 22-3-80); (8) Petroleum pipeline companies are not governmental entities subject to the political process, nor are they quasi-public entities whose siting decisions are subject to review by a public service commission; (9) The federal Hazardous Liquid Pipeline Safety Act of 1979 does not require any preconstruction review or permit prior to the siting and construction of a petroleum pipeline, and the State of Georgia does not have a petroleum pipeline siting law that would require state review of the land use and environmental impacts of petroleum pipeline company siting decisions; (10) One or more petroleum pipeline extensions or developments are under consideration for the State of Georgia that may involve the exercise of rights under Code Section 22-3-80 by 1995; (11) There is no urgent public need for additional petroleum pipelines by 1995 because alternative sources of delivery of petroleum products exist and are presently serving the public need for such product; (12) The vitally important issue of land use impacts associated with petroleum pipelines merits a detailed study by elected officials and experts in this filed to ensure that the exercise of eminent domain rights by petroleum pipeline companies is carried out in a prudent

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and responsible manner consistent with Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (13) A temporary moratorium on the eminent domain rights of petroleum pipeline companies through the end of the 1995 legislative session would provide the General Assembly with time to study the need for land use controls or restrictions related to petroleum pipelines, including but not limited to those related to siting of pipelines, and to assess various proposals for placing restrictions on the eminent domain rights that petroleum pipeline companies presently enjoy or proposals for enacting laws ensuring the consistency of petroleum pipeline development and operation with the state's land use goals and standards; and (14) A temporary moratorium on the eminent domain rights of petroleum pipeline companies through the end of the 1995 legislative session would permit the Department of Community Affairs to complete the process of developing management plans for areas designated in the state as `regionally important resources,' which plans may contain recommendations and guidelines for the inclusion or exclusion of petroleum pipelines in such areas. 22-3-71. There is created the Petroleum Pipeline Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the President of the Senate; the commissioner of natural resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, which members shall represent a cross-section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the committee. Technical support for the committee shall be provided by the staff of the

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Office of Planning and Budget, the staff of the Department of Natural Resources, or the staff of the Department of Community Affairs, as appropriate. 22-3-72. (a) The Petroleum Pipeline Study Committee shall perform the following by December 31, 1994: (1) Examine the impacts on land associated with petroleum pipeline siting, construction, and operation, including impacts associated with potential leaks and spills; (2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with petroleum pipeline siting, construction, and operation; (3) Examine the purposes behind and necessity, if any, of Code Section 22-3-80 and the grant therein of eminent domain rights to petroleum pipeline companies; (4) Consider the extent to which the rights granted petroleum pipeline companies under Code Section 22-3-80, and more broadly the existing legal and regulatory system pertinent to the siting, construction, and operation of petroleum pipelines, are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas; (5) Consider legal and regulatory mechanisms by which the eminent domain rights of petroleum pipeline companies can be appropriately restricted or controlled in order to ensure siting of pipelines that is consistent with state and local land use policies and the protection of natural resources; (6) Take into account any management plans developed for areas of `regionally important resources' by the Department of Community Affairs and consider means

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of strengthening and implementing the recommendations of such plans as to petroleum pipelines; (7) Prepare a report summarizing the findings of the committee; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the goal of ensuring that petroleum pipeline siting, construction, and operation are consistent with and implement Georgia's essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. (b) The legislative members of the committee shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees from funds appropriated to the House of Representatives and the Senate. The members of the committee who are members of state government shall be reimbursed for their actual expenses incurred in connection with the commission by the respective agency which employs the member. The members of the committee who are neither legislative nor state government members shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees and the funds for payment thereof shall come from funds of the Department of Natural Resources. 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 power, perform its duties, and accomplish the objectives and purposes of this Code section. The committee shall stand abolished on January 1, 1995. Section 2 . Said article is further amended by adding to Code Section 22-3-80, relating to the power of corporations constructing and operating petroleum pipelines to condemn property, new subsections (d), (e), and (f) to read as follows: (d) The rights of eminent domain granted by this Code section are temporarily suspended from the effective date of this subsection through and until March 31, 1995, in order

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to permit the Petroleum Pipeline Study Committee created by Code Section 22-3-71 to complete its report and recommendations and to permit the General Assembly to act on those recommendations during the 1995 legislative session. Between the effective date of this subsection and March 31, 1995, any corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products may not exercise any eminent domain rights under this Code section, including, without limitation, the conducting of surveying activities and the condemnation of any property through the exercise of eminent domain. (e) The temporary suspension of the right of eminent domain provided in subsection (d) of this Code section shall not apply to acquisitions for the purpose of establishing the right to maintain an existing pipeline in place or to acquisitions within 200 feet of an existing petroleum pipeline for purposes of line replacements or relocations or for purposes of temporary work space for repairs of existing petroleum pipelines. (f) Between the effective date of this subsection and March 31, 1995, any corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products may apply to the executive director of the State Properties Commission for a waiver of the temporary suspension of the rights of eminent domain provided in subsection (d) of this Code section based upon facts which demonstrate an essential and immediate need to proceed with the survey, study, and acquisition of the land in question and which demonstrate no substantial adverse impact upon the environment arising from the acquisition. The executive director of the State Properties Commission is authorized to grant such waivers after consultation with the Department of Transportation and the Department of Natural Resources and any other appropriate state agencies. The executive director shall make a determination on any request for a waiver within 30 days of the receipt of a request. A decision by the executive director of

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the State Properties Commission to deny a waiver of the temporary suspension of the right of eminent domain as to a particular piece of property may be reviewed by the State Properties Commission at its next regularly scheduled meeting. The State Properties Commission may affirm, modify, or reverse the decision of the executive director upon its review. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994. DESIGNATED ACTS BASED UPON POPULATION REPEALED. Code Sections 3-3-7, 3-3-24.1, 3-4-90, 8-3-50, 15-6-64, 15-9-10, 15-12-83, 15-16-8, 21-2-231, 21-3-10, 21-3-125, 36-5-24, 36-9-3, 36-15-9, 46-5-63, 48-5-18, 48-5-20, 48-5-30, 48-5-100.1, 48-5-137, 48-5-149, 48-5-164, 48-5-180, 48-5-212, 48-5-292, 48-5-353, and 48-5-404 Amended. No. 769 (Senate Bill No. 645). AN ACT To repeal certain obsolete and superseded laws and provisions of the Official Code of Georgia Annotated based upon classification by population; to provide for legislative intent; to repeal codified and uncodified laws; to amend Code provisions to strike cross-references to repealed laws; 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 . Legislative intent. (a) It is the intent of this Act to repeal a series of obsolete Acts and provisions of the Official Code of Georgia Annotated which have in common the fact that they are based upon classification by population. After extensive review by the General Assembly and the Office of Legislative Counsel and after an opportunity for consultation with local officials, the General Assembly finds that the comprehensive repeal of these Acts is appropriate and desirable in the interest of responsible and timely revision of the codified and uncodified laws of this state. (b) It is not the intent of this Act to revive any Act or law which has been expressly or impliedly repealed prior to the effective date of this Act. Section 2 . Codified laws. (a) The following portions of the Official Code of Georgia Annotated, as amended, are repealed in their entirety: (1) Subsection (f) of Code Section 3-3-7, relating to Sunday sales of alcoholic beverages in counties having a population of not less than 6,530 nor more than 6,600 and municipalities in such counties. (2) Subsection (g) of Code Section 3-3-7, relating to the sale of alcoholic beverages for consumption on the premises from 11:55 P.M. on Saturdays and one hour immediately following in certain counties and municipalities, as amended, particularly by an Act providing that the Act applies to counties having a population of not less than 153,000 and not more than 165,000 and cities within such counties, approved April 16, 1982 (Ga. L. 1982, p. 1463). (3) Reserved. (4) Subsection (b) of Code Section 3-3-24.1, relating to entry of a minor upon the premises of a business engaged in the retail sale of alcoholic beverages in unbroken packages in counties having a population of not less than 350,000 and not more than 550,000.

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(5) Paragraph (4) of subsection (b) of Code Section 3-4-90, relating to authorizing the licensing of sale of alcoholic beverages by the drink for consumption on the premises by the governing authority of counties having a population of not less than 6,530 and not more than 6,600 and by the governing authority of municipalities within such counties. (6) Reserved. (7) Paragraph (2) of subsection (a) of Code Section 8-3-50, relating to additional housing authority commissioners for cities having a population of not less than 10,400 and not more than 10,580. (8) Paragraph (4) of subsection (a) of Code Section 8-3-50, relating to additional housing authority commissioners for cities having a population of not less than 120,000 or more than 160,000. (9) Code Section 15-6-64, relating to the duty of the clerk of superior court in counties having a population of not less than 350,000 nor more than 500,000 to notify the purchaser of real property regarding homestead exemptions. (10) Subsection (b) of Code Section 15-9-10, relating to filling a vacancy in the office of judge of the probate court in counties having a population of not less than 200,000 nor more than 250,000. (11) Paragraph (1) of subsection (a) of Code Section 15-12-83, relating to presence of a stenographer when a witness is being examined by the grand jury in counties having a population of not less than 18,900 nor more than 19,300. (12) Subsection (c) of Code Section 15-16-8, relating to filling a vacancy in the office of sheriff in counties having a population of not less than 160,000 and not more than 169,000.

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(13) Subsection (b) of Code Section 21-3-10, relating to the conduct of municipal elections by the county board of elections in municipalities having a population in excess of 40,000 lying wholly within counties having a population of not less than 183,000 and not more than 216,000. (14) Code Section 36-5-24, relating to the salary of the county commissioner in counties having a population of not less than 12,300 or more than 12,400. (15) Subsection (c) of Code Section 36-9-3, relating to private sale of county owned property in counties having a population of not less than 168,000 and not more than 180,000. (16) Subsection (c) of Code Section 36-15-9, relating to maximum court costs for the county law library fund which may be charged and collected in each action or case in counties having a population of not less than 26,200 nor more than 27,000. (17) Subsection (b) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 66,000 nor more than 73,000. (18) Subsection (c) of Code Section 48-5-18, relating to the time for making tax returns in countie having a population of not less than 32,000 nor more than 32,300. (19) Subsection (d) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 15,000 nor more than 15,500. (20) Subsection (e) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 165,000 nor more than 190,000. (21) Subsection (f) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 10,450 nor more than 10,650.

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(22) Subsection (g) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 15,200 nor more than 15,400. (23) Subsection (j) of Code Section 48-5-18, relating to the time for making tax returns in counties having a population of not less than 25,100 nor more than 25,400. (24) Subsection (c) of Code Section 48-5-20, relating to the effect of failure to return taxable property by taxpayers of municipalities having a population of 15,000 or more located within counties having a population of not less than 59,000 nor more than 60,000. (25) Code Section 48-5-30, relating to quarterly ad valorem tax billings in counties which have a population of not less than 100,000 and not more than 150,000. (26) Code Section 48-5-100.1, relating to assumption of duties of the tax commissioner by the chief clerk of such tax commissioner upon the death, resignation, incapacity, or inability of the tax commissioner to serve in counties having a population of not less than 160,000 and not more than 169,000. (27) Paragraph (2) of subsection (f) of Code Section 48-5-137, relating to the written consent of the sheriff for the tax collector or tax commissioner to serve as ex officio sheriffs to collect taxes due by levy and sale under tax execution in counties having a population of not less than 175,000 nor more than 195,000. (28) Paragraph (3) of subsection (f) of Code Section 48-5-137, relating to the written consent of the sheriff for the tax collector or tax commissioner to serve as ex officio sheriffs to collect taxes due by levy and sale under tax execution in counties having a population of not less than 15,200 nor more than 15,400. (29) Paragraph (4) of subsection (f) of Code Section 48-5-137, relating to the written consent of the sheriff for the tax collector or tax commissioner to serve as ex officio

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sheriffs to collect taxes due by levy and sale under tax execution in counties having a population of not less than 12,000 nor more than 12,200. (30) Paragraph (5) of subsection (f) of Code Section 48-5-137, relating to the written consent of the sheriff for the tax collector or tax commissioner to serve as ex officio sheriffs to collect taxes due by levy and sale under tax execution in counties having a population of not less than 27,500 nor more than 28,500. (31) Code Section 48-5-149, relating to the rate of interest and penalty on delinquent ad valorem taxes in counties having a population of not less than 175,000 nor more than 190,000. (32) Paragraph (2) of subsection (b) of Code Section 48-5-164, relating to the distribution of commissions relative to taxes collected during the term of office of a subsequent tax collector when a previous tax collector failed to collect taxes because of court action temporarily prohibiting the collection of taxes in counties having a population of not less than 4,000 nor more than 4,575. (33) Subsection (e) of Code Section 48-5-180, relating to fees collected for the sale of a motor vehicle license and plate in counties having a population of not less than 10,000 nor more than 10,200. (34) Subsection (b) of Code Section 48-5-292, relating to ineligibility of members of the board of tax assessors to hold state or county offices in counties having a population of not less than 10,500 nor more than 10,600. (35) Subsection (b) of Code Section 48-5-404, relating to the commission retained by the tax commissioner, tax collector, or county for collection of education taxes in counties having a population of not less than 190,000 nor more than 300,000. and inserting in lieu of the provisions cited in this subsection the following:

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Reserved. (b) The following Code Sections are amended: (1) Code Section 21-2-231, relating to the exemption of qualified electors from registration or further qualification, loss of qualification, and reregistration, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection to read as follows: (b) Within 60 days after January 1, beginning in the year 1965, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner. They shall examine the registration cards and shall suspend the registration of all electors who have not voted in at least one general or special election or primary, or municipal general or special election or primary if the county is furnishing the electors list to a municipality, within the three years immediately preceding such January 1. On or before March 1 of such year they shall mail notice by first-class mail to each elector, at his last known address, stating substantially as follows: `You are notified that according to state law your registration as a qualified voter will be canceled for having failed to vote within the past three years, unless before April 1 of the current year you continue your registration by applying in writing to the board of registrars.' Effective April 1, 1965, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of electors prior to May 1 of that year. Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the board of registrars of the elector's desire to continue the elector's registration.

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(2) Code Section 21-3-125, relating to qualification of voters, reregistration of purged voters, maintenance of registration lists, and registration of electors in municipalities maintaining their own registration lists, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows: (d) The governing authority of any municipality may by charter, ordinance, or resolution elect either to maintain its own registration or to provide for the city to use the county registration list, stating that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county shall be eligible to vote in a municipal primary or election. If the municipality elects to maintain its own registration list, the municipality shall use the form of the registration card and the questions to be propounded to an applicant as prescribed in Code Section 21-2-217. The qualifications of a person seeking to vote in a municipal primary or election shall be determined by this chapter and the Constitution of Georgia. (3) Code Section 36-5-25, relating to the salary of the county commissioner in counties administered by a single commissioner, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) Except as otherwise provided in Code Section 36-5-23, in every county of this state in which the county government is administered by a single county commissioner, such county commissioner shall be entitled to receive a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section 15-16-20; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such

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greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law. (4) Code Section 46-5-63, relating to the powers of rural telephone cooperatives, is amended by striking in its entirety paragraph (5) and inserting in lieu thereof a new paragraph to read as follows: (5) To construct, purchase, lease as lessee, or otherwise acquire; to improve, expand, install, equip, maintain, and operate; and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber telephone lines, facilities, systems, lands, buildings, structures, plants, equipment, exchanges, and any other real or personal property, whether tangible or intangible, which shall be deemed necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized, provided that no cooperative shall construct, purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities, systems, lands, buildings, structures, plants, equipment, exchanges, or any other real or personal property, whether tangible or intangible, within (A) the boundaries of any incorporated or unincorporated city, town, village, or borough within this state having a population in excess of 1,500 inhabitants according to the last preceding federal census, and (B) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest within any such city, town, village, or borough;. (5) Part 5 of Article 3 of Chapter 5 of Title 48, relating to county tax officials, is amended by striking in its entirety Code Section 48-5-212, relating to the chief deputy tax receiver, collector, or commissioner, and inserting in lieu thereof the following:

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48-5-212. (a) Except as otherwise provided in Code Section 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements as enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section. (b) Except as otherwise provided in Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this Code section and said chief deputy meets all qualifications for the office of tax commissioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax commissioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 following the next succeeding general election which occurs more than 60 days after the occurrence of the vacancy or the expiration of the remaining term of office, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner would have received. If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy and unless the incapacity or inability of such tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall

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serve for the remainder of the unexpired term of office. (6) 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 48-5-353 and inserting in lieu thereof a new Code section to read as follows: 48-5-353. Except as otherwise provided in Code Section 48-5-7, the board of tax assessors in each municipality which has such a board pursuant to the municipal charter shall use as the basis for fair market value of property subject to both municipal and county ad valorem taxation the 100 percent fair market value determined for the property for county ad valorem taxation purposes before being reduced to the 40 percent assessed value required by law for county ad valorem taxation purposes. Where there are existing municipal and county assessments for any municipality with 17,000 or more persons according to the United States decennial census of 1990 or any future such census located wholly within counties having populations of not less than 500,000 nor more than 600,000 according to the United States decennial census of 1990 or any future such census, the commissioner may designate which of the two assessments shall be used for each parcel of property or class of property. Section 3 . Uncodified Acts. The following uncodified Acts are repealed in their entirety: (1) An Act carrying into effect an amendment to the Constitution conferring upon municipalities of 150,000 inhabitants or more the power to incur bonded indebtedness as approved by two-thirds of the qualified voters voting in a referendum, approved August 12, 1919 (Ga. L. 1919, p. 260). (2) An Act authorizing Boards of Education of certain cities and counties to establish and operate schools

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on a twenty-four hour basis, approved January 31, 1946 (Ga. L. 1946, p. 219) as amended, particularly by an Act providing that the Act shall apply to counties having within their limits a population of more than 500,000 and to all cities having within their limits a population of more than 300,000, approved April 20, 1992 (Ga. L. 1992, p. 2340). (3) An Act authorizing tax collectors and their deputies in counties having a population of 300,000 or more to collect by levy and sale or otherwise any county tax or assessment, fee or charge included in the bill for state and county taxes, approved February 25, 1949 (Ga. L. 1949, p. 1642). (4) An Act providing for the payment of expenses of presentence psychiatric examination of convicted person in criminal cases in counties having a population of 300,000 or more, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 133). (5) An Act creating a small claims court in certain counties, approved March 17, 1958 (Ga. L. 1958, p. 2298), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 17,800 and not more than 17,850, approved March 27, 1972 (Ga. L. 1972, p. 2445). (6) An Act authorizing cities having a population between 119,500 and 250,000 to become self-insurers under the provisions of Ga. Code Ann. sections 56-1013 and 56-1014, approved March 17, 1960 (Ga. L. 1960, p. 2709). (7) An Act authorizing county boards of education of counties having a population of more than 500,000 to create by resolution emeritus offices for retired heads of departments of the public school system of such counties, approved March 28, 1961 (Ga. L. 1961, p. 2514). (8) An Act creating a small claims court in certain counties, approved April 5, 1961 (Ga. L. 1961, p. 3142),

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as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 18,358 and not more than 19,148, approved March 16, 1978 (Ga. L. 1978, p. 3821). (9) Reserved. (10) An Act requiring county boards of education in counties having a population of not less than 50,000 nor more than 75,000 to conduct a continuing and annual audit, approved March 4, 1966 (Ga. L. 1966, p. 3200). (11) An Act amending Code Section 21-105 of the Georgia Code Ann., relating to fees paid to coroners, and changing the compensation of coroners in counties having a population of not less than 34,100 and not more than 34,300 to a salary of $60.00 monthly and $80.00 expenses monthly, approved April 4, 1967 (Ga. L. 1967, p. 415), as amended, particularly by an Act adding a provision for the compensation of coroners in counties having a population of not less than 33,000 and not more than 34,000, in the amount of $200.00 monthly, approved April 3, 1972 (Ga. L. 1972, p. 965). (12) Reserved. (13) An Act providing that the planning departments of counties having a population of 500,000 or more and cities located wholly or partly within such counties shall notify the tax assessing officials of such counties and cities regarding zoning changes, approved April 10, 1968 (Ga. L. 1968, p. 3480). (14) An Act providing additional court reporters, and secretarial and clerical help for certain judicial circuits, approved April 28, 1969 (Ga. L. 1969, p. 876), as amended, particularly by an Act providing that the Act shall apply to judicial circuits in which are located a county having a population of not less than 350,000 nor more than 500,000, approved April 6, 1981 (Ga. L. 1981, p. 601).

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(15) An Act requiring the boards of education in certain counties to publish a quarterly summary of receipts and expenditures and maintain audit reports for public inspection, approved April 25, 1969 (Ga. L. 1969, p. 3654), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 350,000 nor more than 500,000, approved April 6, 1981 (Ga. L. 1981, p. 4241). (16) An Act providing for a board of elections in certain counties, approved March 19, 1970 (Ga. L. 1970, p. 2896), as amended, particularly by an Act providing that the Act shall apply to counties having a population of more than 169,000 and less than 180,000, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 13). (17) An Act providing that the governing authorities of certain counties shall supplement the compensation of certain district attorneys, approved March 29, 1971 (Ga. L. 1971, p. 230), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 19,200 and not more than 19,400, approved April 12, 1982 (Ga. L. 1982, p. 581). (18) An Act authorizing the official court reporter of each judicial circuit composed of a county having a population of not less than 23,510 and not more than 23,700 and a county having a population of not less than 32,400 and not more than 32,700 to employ a secretary, approved March 29, 1971 (Ga. L. 1971, p. 241). (19) An Act creating Metropolitan Airport Authorities in counties having a population of not less than 190,000 inhabitants or more than 400,000 inhabitants, approved March 12, 1971 (Ga. L. 1971, p. 2059). (20) An Act providing the procedures by which a judge of the Court of Ordinary of counties having a population of not more than 167,000 and not less than 150,000 shall be eligible to become a judge emeritus, approved April 5, 1971 (Ga. L. 1971, p. 2940).

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(21) An Act providing the procedures by which a judge of the state court of a county having a population of not less than 150,000 and not more than 165,000 shall become eligible to become a judge emeritus, approved April 3, 1972 (Ga. L. 1972, p. 3371), as amended. (22) An Act providing for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of counties having a population of not less than 13,000 and not more than 13,300, approved March 1, 1973 (Ga. L. 1973, p. 2060). (23) An Act changing the compensation of the coroner in certain counties, approved March 29, 1973 (Ga. L. 1973, p. 2524), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 66,000 and not more than 74,000, approved April 13, 1982 (Ga. L. 1982, p. 4831). (24) An Act providing for a board of elections in certain counties, approved April 3, 1973 (Ga. L. 1973, p. 2553), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 32,600 and not more than 34,000, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 16). (25) An Act authorizing the governing authority in counties having a population of not less than 145,000 and not more than 165,000 to require filing of hotel and motel rate schedules with the clerks of the superior courts, approved April 13, 1973 (Ga. L. 1973, p. 2620). (26) An Act providing for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties, approved March 21, 1974 (Ga. L. 1974, p. 2614), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 15,200 and not more than 15,400, approved April 12, 1982 (Ga. L. 1982, p. 4581).

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(27) An Act creating the office of assistant court reporter in judicial circuits having a population of not less than 45,000 and not more than 52,000 approved March 21, 1974 (Ga. L. 1974, p. 2644). (28) An Act providing an annual salary for the sheriff of certain counties, approved March 21, 1974 (Ga. L. 1974, p. 2659), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 18,000 nor more than 18,000, approved April 12, 1982 (Ga. L. 1982, p. 4615). (29) An Act providing for a board of elections in certain counties, approved April 18, 1975 (Ga. L. 1975, p. 4506), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 19,200 nor more than 19,400, approved April 14, 1982 (Ga. L. 1982, p. 5040). (30) An Act changing the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000, approved April 18, 1975 (Ga. L. 1975, p. 4513). (31) An Act providing for the regulation of school bus drivers in all municipalities having a population of 400,000 or more, approved April 24, 1975 (Ga. L. 1975, p. 4527). (32) Reserved. (33) An Act providing for the compensation of judges of the state courts in counties having a population of not less than 6,513 and not more than 6,600, approved April 24, 1975 (Ga. L. 1975, p. 4532). (34) An Act authorizing the judge of the probate court in counties whose population is not less than 23,450 nor more than 23,550 to appoint a clerk, approved March 31, 1976 (Ga. L. 1976, p. 1094).

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(35) An Act providing for a board of elections in certain counties, approved March 31, 1976 (Ga. L. 1976, p. 3617), as amended, particularly by an Act providing for the Act to apply to counties having a population of not less than 36,000 nor more than 36,000, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 9). (36) An Act creating a small claims court for counties having a population of not less than 32,300 and not more than 32,660, approved April 2, 1976 (Ga. L. 1976, p. 4040). (37) An Act fixing the salary of the coroner in counties having a population of not less than 34,300 and not more than 36,000, approved February 18, 1977 (Ga. L. 1977, p. 191). (38) An Act creating a magistrate's court in counties having a population of not less than 8,340 and not more than 8,700, approved March 4, 1977 (Ga. L. 1977, p. 239). (39) An Act creating County Airport Authorities in counties having a population of not less than 29,000 inhabitants or more than 31,000 inhabitants, approved March 30, 1977 (Ga. L. 1977, p. 1136). (40) An Act creating the office of Justice of the Peace Emeritus in counties having a population of not less than 190,000 nor more than 300,000, approved March 30, 1977 (Ga. L. 1977, p. 4213). (41) An Act changing the compensation of coroners in certain counties, approved March 30, 1977 (Ga. L. 1977, p. 4463), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 40,100 and not more than 40,150, approved April 12, 1982 (Ga. L. 1982, p. 4060). (42) An Act providing for the compensation of the chairman and members of the board of commissioners of certain counties, approved March 24, 1978 (Ga. L. 1978, p. 4430), as amended, particularly by an Act providing

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that the Act shall apply to counties having a population of not less than 29,200 and not more than 30,000, approved April 12, 1982 (Ga. L. 1982, p. 4196). (43) An Act enabling the governing bodies of counties having a population of not less than 400,000 to enact local legislation in the areas of cruelty to domestic animals and domestic animal control, approved April 11, 1979 (Ga. L. 1979, p. 516). (44) An Act authorizing the tax commissioners of counties having a population of not less than 9,000 not more than 9,200 to employ a secretary, approved April 11, 1979 (Ga. L. 1979, p. 3457). (45) An Act providing for the compensation of members of the county water authority in counties having a population of not less than 31,000 nor more than 31,500, approved April 11, 1979 (Ga. L. 1979, p. 4050). (46) An Act authorizing the judge of the probate court of counties having a population of not less than 73,000 and not more than 89,000 to employ, prescribe the duties of, and set the salary of a clerk, approved March 18, 1980 (Ga. L. 1980, p. 365). (47) An Act providing for a board of elections in certain counties, approved February 1, 1980 (Ga. L. 1980, p. 3003), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 28,500 nor more than 29,200, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 6). (48) An Act providing that the salary of the county commissioner shall be the same as that of the sheriff of the county in counties having a population of not less than 20,400 and not more than 20,600, approved March 26, 1980 (Ga. L. 1980, p. 4184). (49) An Act providing for a board of registrations and elections in certain counties, approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, particularly by an

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Act providing that the Act shall apply to counties having a population of not less than 36,500 and not more than 36,900, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 15). (50) An Act providing for a board of elections in certain counties, approved April 6, 1981 (Ga. L. 1981, p. 3668), as amended, particularly by an Act providing that the Act shall apply to counties having a population of not less than 54,700 and not more than 56,000, approved April 14, 1982 (Ga. L. 1982, p. 5040, Sec. 7). (51) An Act providing for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases and game and fish cases in the probate courts of counties having a population of not less than 6,900 nor more than 6,950, approved April 7, 1981 (Ga. L. 1981, p. 4301). (52) An Act to provide for the filling of vacancies in the offices of judge of the probate court, tax commissioner, and sheriff in counties having a population of not less than 160,000 and not more than 169,000, approved April 12, 1982 (Ga. L. 1982, p. 4303). (53) An Act providing for a board of elections in counties having a population of not less than 11,675 nor more than 11,725, approved April 12, 1982 (Ga. L. 1982, p. 4465). (54) An Act providing that in counties having a single county commissioner and a population of not less than 21,800 and not more than 22,000, the annual salary of the commissioner shall be in the same amount as the annual salary of the sheriff, approved April 12, 1982 (Ga. L. 1982, p. 4522). Section 4 . Repealer. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1994.

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EDUCATIONMOMENT OF QUIET REFLECTION IN SCHOOLS. Code Section 20-2-1050 Amended. No. 770 (Senate Bill No. 396). AN ACT To amend Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, so as to require moments of quiet reflection at the opening of school upon every school day; to provide a statement of legislative intent; to provide that the provisions of such Code section shall not prohibit certain activity; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The General Assembly finds that in today's hectic society, all too few of our citizens are able to experience even a moment of quiet reflection before plunging headlong into the day's activities. Our young citizens are particularly affected by this absence of an opportunity for a moment of quiet reflection. The General Assembly finds that our young, and society as a whole, would be well served if students were afforded a moment of quiet reflection at the beginning of each day in the public schools. Section 2 . Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, is amended by striking that Code section in its entirety and inserting a new Code section to read as follows: (a) In each public school classroom, the teacher in charge shall, at the opening of school upon every school day, conduct a brief period of quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.

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(b) The moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for a moment of silent reflection on the anticipated activities of the day. Section 3 . Said Code section is further amended by inserting at the end thereof the following: (c) The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature. Section 4 . If any portion of this bill is found to be unconstitutional, it shall be stricken and the remaining portions of this bill shall remain in full force and effect as if the stricken portion had not been enacted. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. ELECTIONSCAMPAIGN CONTRIBUTION DISCLOSURE REPORTS; ADDITIONAL FILING FEES FOR LATE REPORTS. Code Section 21-5-34 Amended. No. 771 (House Bill No. 171). AN ACT To amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide for additional filing fees for reports which are filed late; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, is amended by adding a new subsection at the end thereof, to be designated subsection (k), to read as follows: (k) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. Provided, however, a 15 day extension period shall be granted on the final report. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. ETHICS IN GOVERNMENT ACTCAMPAIGN FINANCE DISCLOSURE AND REGULATION; PERSONAL FINANCIAL DISCLOSURE; LOBBYIST REPORTING; NAMES OF POLITICAL ACTION COMMITTEES; POLITICAL ACTIVITIES OF GOVERNMENT EMPLOYEES; CANDIDATE CONTRIBUTIONS; FEES. Code Title 21, Chapter 5 Amended. No. 772 (Senate Bill No. 657). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the Ethics in Government Act, so as to substantially revise provisions relating to campaign finance disclosure and regulation, personal financial disclosure, and lobbyist reporting; to specify requirements for names of political action committees and separate segregated funds; to provide for

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the period of effectiveness of certain campaign committee registrations; to revise provisions relating to prohibited contributions by governmental agencies; to change certain required contents of campaign finance disclosure reports; to change the manner of filing of campaign finance disclosure reports; to provide additional filing fees for late campaign finance disclosure reports; to change provisions relating to limitations upon amounts of contributions; to change the time of filing of certain campaign finance disclosure reports in connection with recall campaigns; to provide that the prohibition against accepting campaign contributions during legislative sessions shall not apply to candidates for certain judicial offices; to allow the acceptance of certain contributions at certain times and for certain purposes; to provide that certain loans and contributions shall not be subject to limits on campaign contributions; to change provisions relating to filing of financial disclosure statements by public officers and candidates for public office; to change provisions relating to disclosure of lobbyists' expenditures; to change provisions relating to fees for certain filings by lobbyists; to provide for limits on contributions to influence voter approval or rejection of proposed constitutional amendments, state-wide referenda, or proposed questions which are to appear on the ballot in any county or municipal election; to provide for contribution amounts; to provide for applicability with respect to certain persons, partnerships, corporations, political committees, and political parties; to provide for other matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the Ethics in Government Act, is amended by adding at the end of Article 1 a new Code Section 21-5-12, to read as follows: 21-5-12. (a) As used in this Code section, the term `connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly,

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establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year. (b) The name of each political action committee shall include the name of its connected organization. (c) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 21-5-30, relating to making and acceptance of campaign contributions, and inserting in its place a new subsection to read as follows: (b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. When a candidate has been elected to public office, the registration of that candidate's campaign committee with the Secretary of State shall remain in effect so long as the candidate remains in office until and unless: (1) the registration is canceled by the campaign committee or the candidate; or (2) a new campaign committee for that candidate is registered with the Secretary of State. The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee. Section 3 . Said chapter is further amended by striking subsection (d) of said Code Section 21-5-30 and inserting in its place a new subsection to read as follows:

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(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source; provided, however, that the purchase of tickets for not more than $25.00 each and for or attendance at a fundraising event by members of the same family, firm, or partnership or employees of the same person shall not be considered to be contributions from a common source except to the extent that tickets are purchased as a block. Section 4 . Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 21-5-30.2, relating to contributions by public agencies, and inserting in their place new subsections to read as follows: (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term: (1) `Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) `Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of

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money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes. (3) `Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title. (4) `Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee. (5) `Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) `Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer's fulfillment of such office.

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(c) No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section. Section 5 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new paragraph to read as follows: (1) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file such candidate's reports with the election superintendent of the county of such candidate's residence and shall file a copy of such reports with the Secretary of State; and such reports of candidates for membership in the General Assembly shall be deemed to be filed for all legal purposes where the originals are filed, except that this shall not be construed to prohibit the commission from hearing and deciding matters relating to such reports at the state capitol or any other place where the commission is authorized to meet. Section 6 . Said chapter is further amended by striking subparagraph (b)(1)(A) of Code Section 21-5-34, relating to campaign finance disclosure reports, and inserting in its place a new subparagraph to read as follows: (A) The amount and date of receipt, along with the name, mailing address and occupation of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of

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raising campaign contributions for the reporting candidate;. Section 7 . Said chapter is further amended by striking divisions (iii) and (vii) of subparagraph (b)(1)(D) of said Code Section 21-5-34 and inserting in their respective places new divisions to read as follows: (iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report; (vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and. Section 8 . Said chapter is further amended by adding at the end of said Code Section 21-5-34 a new subsection (k) to read as follows: (k) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. Provided, however, a 15 day extension period shall be granted on the final report. Section 9 . Said chapter is further amended by striking subsection (f) of said Code Section 21-5-34 and inserting in its place a new subsection to read as follows: (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows:

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(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. Section 10 . Said chapter is further amended by striking Code Section 21-5-35, relating to acceptance of campaign contributions during legislative sessions, and inserting in its place a new Code section to read as follows: 21-5-35. (a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session.

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(b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent; (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or (3) A judicial officer elected state wide or campaign committee of such judicial officer. Section 11 . Said chapter is further amended by striking Article 2A and inserting in its place a new article to read as follows: ARTICLE 2a 21-5-40. As used in this article, the term: (1) `Affiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof. (2) `Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. (3) `Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. (4) `Election year' shall be construed and applied separately for each elective office and means for each

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elective office the calendar year during which a regular or special election to fill such office is held. (4.1) `Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office. (5) `Person' means an individual. (6) `Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (6.1) `Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties. (6.2) `Public office' means the office of each elected public officer as specified in paragraph (15) of Code Section 21-5-3. (7) `Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 21-5-41. (a) No person shall during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $1,000.00. No person shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the aggregate for that year exceed $5,000.00. No person shall during the course of the 1994 election year make contributions to

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any candidate for state-wide elected office which in the aggregate for that year exceed $7,500.00. (a.1) No person shall during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that year exceed $1,000.00. No person shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that year exceed $2,000.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43. (c) The limits established by this Code section shall not apply to a loan or other contribution made to a campaign committee or candidate by the candidate or a member of the candidate's immediate family. (d) No person shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in aggregate exceed $2,500.00. (e) No person shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate exceed $1,000.00. 21-5-42. (a) No corporation shall during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $1,000.00. No corporation shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the

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aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $5,000.00. No corporation shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $7,500.00. (b) No corporation shall during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $1,000.00. No corporation shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated corporations, exceed $2,000.00. (c) The limits established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if: (1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and (2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan. (d) No corporation shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendemnt or state-wide referendum which in the aggregate, together with any contributions to the

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same person or campaign committee for the same election by any affiliated corporations, exceed $2,500.00. (e) No corporation shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated corporations, exceed $1,000.00. 21-5-43. (a) No political committee shall during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $1,000.00. No political committee shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $5,000.00. No political committee shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $7,500.00. (b) No political committee shall during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than statewide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate in the same year by any affiliated political committees, exceed $1,000.00. No political committee shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year, together with any contributions to the same candidate

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in the same year by any affiliated political committees, exceed $2,000.00. (c) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $2,500.00. (d) No political committee shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate, together with any contributions to the same person or campaign committee for the same election by any affiliated political committees, exceed $1,000.00. 21-5-43.1. (a) No political party shall during the course of any nonelection year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $1,000.00. No political party shall during the course of any election year after the year 1994 make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $5,000.00. No political party shall during the course of the 1994 election year make contributions to any candidate for state-wide elected office which in the aggregate for that calendar year exceed $7,500.00. (b) No political party shall during the course of any nonelection year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $1,000.00. No political party shall during the course of any election year make contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for that calendar year exceed $2,000.00.

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(c) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates. (d) No political party shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed constitutional amendment or state-wide referendum which in the aggregate exceed $2,500.00. (e) No political party shall for any election make contributions to any person or campaign committee for the purpose of influencing voter approval or rejection of a proposed question which is to appear on the ballot in any county or municipal election which in the aggregate exceed $1,000.00 21-5-44. For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate. If during any calendar year there occur both a special election and a general election for the same public office and if the same person is a candidate for election at both such special election and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's election at the special election; and the same person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidate's election at the general election. This Code section shall be construed according to the following rules: (1) It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and

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(2) Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect. Section 12 . Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to financial disclosure statements by officers and candidates, and inserting in its place a new subsection to read as follows: (a) (1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of

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Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. Section 13 . Said chapter is further amended by striking subparagraph (D) of paragraph (1) of Code Section 21-5-70,

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relating to definitions applicable to lobbyist disclosure, and inserting in its place a new subparagraph to read as follows: (D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and. Section 14 . Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 21-5-71, relating to lobbyist registration and reporting, and inserting in its place a new paragraph to read as follows: (2) The commission shall collect the following fees: (A) Annual lobbyist registration filed pursuant to this Code section $ 200.00 (B) Lobbyist supplemental registration filed pursuant to this Code section 10.00 (C) Each lobbyist identification card issued pursuant to this Code section 5.00 (D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. Section 15 . Said chapter is further amended by striking subsection (b) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following:

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(b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. A person who is a lobbyist pursuant to subparagraph (D) of (E) of paragraph (6) of Code Section 21-5-70 shall: (1) file a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports otherwise required by subsection (c) of this Code section and the first sentence of this subsection; and (2) file such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs. Section 16 . Said chapter is further amended by striking subparagraph (d)(1)(D) of Code Section 21-5-73, relating to disclosure reports, and inserting in its place the following: (D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and. Section 17 . (a) Except as otherwise provided in this section, the provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 15 and 16 of this Act shall become effective only if HB 1298 passed during the 1994 regular session of the General Assembly is approved by the Governor or becomes law without such approval. If HB 1298 so becomes law with or without the Governor's approval, then Sections 15 and 16 of this Act shall become effective on the same date upon which HB 1298 becomes effective. If HB 1298 does not so become effective, then Sections 15 and 16 of this Act shall not take effect. (c) The following provisions enacted by this Act shall take effect on September 1, 1994:

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(1) Subsections (d) and (e) of Code Section 21-5-41; (2) Subsections (d) and (e) of Code Section 21-5-42; (3) Subsections (c) and (d) of Code Section 21-5-43; and (4) Subsections (d) and (e) of Code Section 21-5-43.1. Section 18 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. LOBBYISTSDEFINITION EXPANDED TO INCLUDE LOBBYING ELECTED COUNTY OFFICIALS, SCHOOL SUPERINTENDENTS, MEMBERS OF BOARDS OF EDUCATION, AND MUNICIPAL OFFICIALS. Code Section 21-5-70 Amended. No. 773 (House Bill No. 1298). AN ACT To amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, so as to provide for the applicability of such provisions to certain activities relating to the influencing of certain actions of certain local public officers and employees; 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 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, is amended by striking paragraphs (6) and (7) of Code Section 21-5-70, relating to definitions regarding public officials conduct and lobbyist disclosure, and inserting in their places new paragraphs (6) and (7) to read as follows: (6) `Lobbyist' means:

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(A) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph; (D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person's own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (15) of Code Section 21-5-3, or any committee of such public officers or the approval or veto of any such ordinance or resolution; or (F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph.

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(7) `Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph (15) of Code Section 21-5-3, as amended, except as otherwise provided in this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. ELECTIONSPLURALITY VOTE IN GENERAL ELECTIONS AND MAJORITY VOTE IN PRIMARY OR SPECIAL ELECTIONS; EXCEPTIONS; STRAIGHT PARTY VOTING REPEALED EXCEPT FOR PRESIDENTIAL ELECTORS. Code Title 21, Chapters 2 and 3 Amended. No. 774 (Senate Bill No. 680). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in certain elections the candidate receiving a plurality of the votes cast shall be elected; to remove provisions authorizing straight party voting other than straight party voting for presidential electors; to require voting for individual candidates other than presidential electors; to define what shall constitute a plurality; to provide that in such elections a runoff shall be held only in the case of a tie or failure to achieve a plurality; to provide an exception whereby certain constitutional officers of the state shall continue to be elected by majority vote until and unless the Constitution is amended to provide for election of such officers by plurality vote; to provide for other matters related to the foregoing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding between paragraphs (18) and (19) of Code Section 21-2-2, relating to definitions of terms used in the election laws, a new paragraph (18.1) to define the term plurality and to read as follows: (18.1) `Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast in the election for the office sought there is no plurality. Section 2 . Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new paragraph to read as follows: (1) To vote for presidential electors, mark a cross (X) or check ([UNK]) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. Section 3 . Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections and run-off elections, and inserting in its place a new Code section to read as follows: 21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such

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offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check ([UNK]) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the wirte-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office. Section 4 . Said title is further amended by striking paragraph (2) of Code Section 21-2-322, relating to general requirements as to voting machines, and inserting in lieu thereof a new paragraph to read as follows:

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(2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors;. Section 5 . Said title is further amended by striking subsection (g) of Code Section 21-2-325, relating to the form of ballot labels generally, and inserting in lieu thereof a new subsection to read as follows: (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Section 6 . Said title is further amended by striking paragraph (2) of Code Section 21-2-350, relating to general requirements as to vote recorders, and inserting in lieu thereof a new paragraph to read as follows: (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors;. Section 7 . Said title is further amended by striking Code Section 21-2-416, which reads as follows:

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21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided in this Code section: (1) He may vote for each candidate individually as provided in this chapter; (2) He may vote a straight political party or body ticket as provided in this chapter; or (3) He may vote a `modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the political party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated., and inserting in lieu thereof the following: 21-2-416. Reserved. Section 8 . Said title is further amended by striking subsection (b) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (b) to read as follows: (b) At elections, any ballot marked by any other mark than a cross (X) or check ([UNK]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check ([UNK]) mark thereon is irregular in form. A cross (X) or check ([UNK]) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a

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vote for every candidate of that party or body for the offices of presidential electors. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([UNK]) mark is placed before the name of such person. Section 9 . Said title is further amended by striking subsection (c) of Code Section 21-2-452, relating to admission of electors to enclosed space, voting procedure generally, procedure as to write-in votes, voting by electors whose right to vote is challenged, and paper ballots for handicapped voters, and inserting in lieu thereof a new subsection (c) to read as follows: (c) At primaries or elections, an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give. Section 10 . Said title is further amended by striking subsection (a) of Code Section 21-2-498, relating to the Constitutional Officers Election Board, and inserting in its place a new subsection to read as follows: (a) On the Tuesday next following the general election or general election runoff if any, the Secretary of State shall transmit the returns for the elections for constitutional officers to the Constitutional Officers Election Board, which shall be composed of the Speaker and the Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairperson of each standing committee of the General Assembly. The Speaker of the House shall act as the chairperson of such board. On said date, the chairperson shall convene such board at such time and place as the Speaker of the House shall determine, after having given due notice thereof to all members of the board and the candidates for constitutional offices. Each candidate

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shall be entitled to designate one person to be present at the opening of the returns. Such board shall open and publish the returns of each such election. The person having the plurality of the whole number of votes in each election shall be declared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State. Section 11 . Said title is further amended by striking Code Section 21-2-501, relating to the requirement of receipt of a majority vote as a condition of nomination or election, and inserting in its place a new Code section to read as follows: 21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special election

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runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. (b) To be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office. (c) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation

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of the primary or special election for the particular office concerned; and the run-off election of a general election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. (d) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July 1, 1994. Section 12 . Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-502, relating to certification of election, and inserting in their place new subsections to read as follows: (a) The persons receiving the required number of votes to be elected to the respective offices named in subparagraph (A) of paragraph (4) of Code Section 21-2-497 shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued to each person so elected. The Secretary of State shall lay the certified returns filed with him or her by the Constitutional Officers Election Board before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Governor. (b) (1) Upon completing the tabulation of any election for United States senator or representative in Congress,

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the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions under the seal of the state, duly signed by the Governor and attested by the Secretary of State and deliver the same to the candidates receiving the required number of votes to be elected to the respective offices. (2) The Secretary of State shall issue certificates of election to the persons elected members of the Senate and the House of Representatives of the General Assembly and, between the hours of 12:00 Noon and 1:00 P.M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective houses. In case of a special election the Secretary of State shall issue a certificate of election to each person so elected, and the Secretary of State shall present the returns of such election to the proper house as soon as received and tabulated by the Secretary of State. Immediately upon their taking the oath of office, each member of the Senate and the House of Representatives shall be issued a commission under the great seal of the State of Georgia, signed by the Secretary of State. Section 13 . Said title is further amended by striking subsection (b) of Code Section 21-3-187, relating to the form of an official election ballot and procedure in the event candidates are unopposed, and inserting in lieu thereof a new subsection to read as follows: (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: Place a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If

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you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column; and the insertion of such name outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. Section 14 . Said title is further amended by striking subsection (g) of Code Section 21-3-225, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows: (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) of Code Section 21-3-187. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-3-187. Section 15 . Said title is further amended by striking Code Section 21-3-325, which reads as follows: 21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways, and his vote shall be counted as provided in this Code section: (1) He may vote for each candidate individually, as provided in this chapter; (2) He may vote a straight political party or body ticket, as provided in this chapter; or (3) He may vote a `modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which

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shall constitute a valid vote for every candidate of the political party or body designated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated., and inserting in lieu thereof the following: 21-3-325. Reserved. Section 16 . Said title is further amended by striking subsection (d) of Code Section 21-3-346, relating to procedure as to count and return of votes generally; marks, mutilations, and defects rendering ballots void; disposition of unmarked, improperly marked, and defectively marked ballots; placement of crosses or checks for straight party or write-in votes; and certification of vote and preparation of returns by poll officers, and inserting in lieu thereof a new subsection (d) to read as follows: (d) At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3-105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([UNK]) mark is placed before the name of such person. Section 17 . Said title is further amended by striking subsection (d) of Code Section 21-3-362, relating to admission of electors to enclosed space, voting by electors whose right to vote is challenged, voting procedure generally, and procedure as to write-in votes, and inserting in lieu thereof a new subsection (d) to read as follows: (d) At primaries or elections an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candidates of his or her choice are placed. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give.

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Section 18 . This Act shall become effective July 1, 1994, and shall apply to elections conducted on or after that date. Section 19 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. PRIVATE DETECTIVE OR PRIVATE SECURITY BUSINESSREQUIREMENTS FOR LICENSURE. Code Section 43-38-6 Amended. No. 775 (House Bill No. 1493). AN ACT To amend Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to qualifications for a license to engage in the private detective or private security business, so as to change the requirements for licensure of private detective and private security businesses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-38-6 of the Official Code of Georgia Annotated, relating to qualifications for a license to engage in the private detective or private security business, is amended by striking in its entirety paragraph (7) of subsection (b) and inserting in lieu thereof a new paragraph (7) to read as follows: (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, or has a four-year degree in criminal justice or related filed from an accredited university or college; and the applicant for a security

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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, or has a four-year degree in criminal justice or related field from an accredited university or college;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MAGISTRATE COURTSARREST PRIOR TO TRIAL FOR VIOLATION OF COUNTY ORDINANCE RELATING TO LOITERING. Code Sections 15-10-62 and 15-10-63 Amended. No. 776 (House Bill No. 1531). AN ACT To amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosecution of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, is amended by striking in its entirety subsection (b) of Code Section 15-10-62, relating to the requirement that a prosecution for violations of county

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ordinances shall be upon citation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Accusations of violations of ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance. Section 2 . Said article is further amended by striking in its entirety subsection (d) of Code Section 15-10-63, relating to the use of citations in the prosecution of ordinance violations, and inserting in lieu thereof a new subsection (d) to read as follows: (d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct or as authorized by ordinance of a state authority; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his or her future appearance. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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HIGHWAYSABANDONMENT BY COUNTY; NOTICE; HEARING. Code Section 32-7-2 Amended. No. 777 (House Bill No. 1539). AN ACT To amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedures for abandonment of public roads or property not needed for public road purposes, so as to provide that before a county abandons a portion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriff's advertisements for the county are published once a week for a period of two weeks and to hold a public hearing on the issue of such abandonment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedures for abandonment of public roads or property not needed for public road purposes, is amended by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) When it is determined that a section of the county road system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes, accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination is published in the newspaper in which the sheriff's advertisements for the county are published once a week for a period of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned. Thereafter, that section of road shall no longer

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be part of the county road system and the rights of the public in and to the section of road as a public road shall cease. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. EDUCATIONLOCAL BOARDS; SCHOOL BREAKFAST PROGRAMS. Code Section 20-2-66 Enacted. No. 778 (House Bill No. 1557). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the establishment of school breakfast programs in all school systems; to provide for such programs to be phased in; to provide for standards and guidelines for participation; to provide for promulgation of rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding a new Code Section 20-2-66 to read as follows: 20-2-66. (a) Each local school system in this state is encouraged to establish and support a school breakfast program to make breakfast available to all students in kindergarten through grade eight. All school systems are required to establish and support a school breakfast program in all schools with kindergarten through grade eight if at least 25

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percent of the student population is eligible for free or reduced price lunch under federal guidelines and in all schools not containing kindergarten through grade eight if at least 40 percent of the student population is eligible for free or reduced price lunch under federal guidelines. School breakfast programs shall be phased in over a period beginning September 1, 1994, and ending June 15, 1996, in all such schools. Each local school system operating a school breakfast program pursuant to this Code section shall be reimbursed by the state at the federal reimbursement rate per meal prepared and served. The school breakfast program reimbursement by the state shall be automatically terminated if federal funding for this program ceases. (b) The State Board of Education shall promulgate rules and regulations which: (1) Establish minimum nutritional requirements for school breakfast programs which meet or exceed the minimum federal regulations; (2) Utilize federal standards of income eligibility for free or reduced price meals for lower income students; (3) Prescribe uniform methods of determining eligibility for free or reduced price meals that are discreet and accessible. Each participating school system shall establish a method to regularly notify parents of the availability of the program; (4) Provide that each participating local board of education submit a plan of compliance; (5) Provide that compliance with the standards and regulations of the National School Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance with the requirements promulgated by the board; (6) Assist the local school board in applying for and obtaining start-up grant money for such programs.

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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 25, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAELIGIBILITY FOR CERTAIN PERSONS. Code Section 47-2-124 Amended. No. 779 (House Bill No. 1576). AN ACT To amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for benefits shall apply to certain persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-124, relating to eligibility for benefits of persons with 95 percent of the required service credit, and inserting in lieu thereof the following: 47-2-124. Any member who is serving in the year which represents 95 percent of the required time for vesting of benefits under Code Section 47-2-111 or 47-2-122 or of the

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required time for benefits under subsections (c) through (e) of Code Section 47-2-123 shall be deemed to qualify for the required number of years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. SUPERIOR COURT JUDGES RETIREMENT SYSTEMCOST OF LIVING INCREASES. Code Section 47-9-22 Amended. No. 780 (House Bill No. 1586). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System, so as to provide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System, is amended by redesignating subsection (b) of Code Section 47-9-22, relating to the powers and duties of the board of trustees of such retirement system, as subsection (c) and by inserting immediately following subsection (a) of such Code section the following: (b) (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

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payable under Article 6 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) No increase granted pursuant to paragraph (1) of this subsection 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 1/2 percent of the maximum monthly retirement benefit then in effect. (3) No increase shall be made pursuant to paragraph (1) of this subsection 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 Article 5 of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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INSURANCECONVERSION OF MUTUAL INSURER TO A STOCK INSURER; PROCEDURES. Code Sections 33-14-7 and 33-14-76 Amended. No. 781 (House Bill No. 1623). AN ACT To amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise requirements for plans or procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence; to provide for the use of corporate names; to provide for procedures for conversion to a stock insurer of a mutual insurer which is insolvent or does not meet certain requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by striking subsection (c) of Code Section 33-14-7, relating to names of domestic mutual or stock insurance corporations, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Except as provided in subsection (d) of Code Section 33-14-76 with regard to converted insurers, if the corporation is a mutual insurer, the term `mutual' shall also be a part of the name. Section 2 . Said chapter is further amended by striking Code Section 33-14-76, relating to the authorization and procedure for conversion of a mutual insurer to a stock insurer, and inserting in lieu thereof a new Code Section 33-14-76 to read as follows:

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33-14-76. (a) A mutual insurer may become a stock insurer under any plan and procedure as may be approved by the Commissioner. (b) The Commissioner shall not approve the plan or procedure unless: (1) It is equitable to the insurer's members; (2) It is subject to approval by vote of not less than 60 percent of the insurer's current members who cast votes on such plan in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to 20 days' notice and procedure as may be approved by the Commissioner; (3) If a life insurer, the right to vote may be limited as the bylaws shall provide to members whose policies are other than term or group policies and have been in effect for more than one year; (4) The equity of each policyholder in the insurer is determinable under a fair formula approved by the Commissioner, which equity shall be based upon not less than the insurer's entire statutory surplus after deducting contributed or borrowed surplus funds plus a reasonable present equity in its reserves and in all nonadmitted assets, less expenses of the conversion; (5) The policyholders entitled to participate in the purchase of stock or distributing of assets shall include all current policyholders who own a policy for which all premiums due have been fully paid on the date the plan was adopted by the board of directors of the insurer; (6) The plan, as elected by the insurer and voted upon by the members, gives to each policyholder of the insurer as specified in paragraph (5) of this subsection one of the following:

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(A) (i) A preemptive right to acquire his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof the amount of his or her equity in the insurer as determined in paragraph (4) of this subsection. (ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others. (iii) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; (B) Payment in cash to each policyholder of 100 percent of his or her equity in the insurer, as determined in paragraph (4) of this subsection; or (C) (i) A preemptive right to acquire a percentage of his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof that same percentage amount of his or her equity in the insurer as determined in paragraph (4) of this subsection. (ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others.

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(iii) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; and (7) The plan when completed would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with surplus funds in an amount required for the insurer under this title. (c) The corporate existence of a mutual insurer converting to a stock insurer pursuant to this Code section shall not terminate upon such conversion, but the new stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized. (d) The insurer which has converted from a mutual to a stock company may continue to use its old name or may change its name pursuant to the laws of this state. In the event the converted insurer continues to use the word mutual in its name, then it shall include words after its name identifying the converted insurer as a stock insurer. (e) (1) The Commissioner may approve any plan or procedure to become a stock insurer filed by a mutual insurer which at the time of the filing of such plan or procedure is insolvent or does not meet the minimum statutory surplus requirements, provided that such plan or procedure, on the date such plan or procedure is completed, would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with surplus

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funds in an amount required for the insurer under this title. The mutual insurer may provide in the plan or procedure for the waiver of the requirement to give notice to policyholders, to obtain policyholder approval of the plan or procedure, or to make any distribution of the policyholders' equity in the mutual insurer to any policyholder where the value of the mutual insurer, due to its insolvency or its failure to meet minimum statutory surplus requirements, does not warrant any such notice, approval, or distribution under the circumstances, including the expense involved in such a distribution. (2) A plan or procedure described in paragraph (1) of this subsection must include a description of how the mutual insurer will meet the statutory surplus and capital requirements on the date the plan or procedure is completed, which may involve the issuance and sale directly to one or more purchasers of the capital stock of the converted insurer or of a corporation which will own 100 percent of the converted insurer. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. DEPARTMENT OF CHILDREN AND YOUTH SERVICESCONTRACTS. Code Section 49-4A-7 Amended. No. 782 (House Bill No. 1626). AN ACT To amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to authorize the Department of Children and Youth Services

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to enter into contracts; to provide for the power of the commissioner to contract; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking Code Section 49-4A-7, relating to powers and duties of the department, in its entirety and inserting in lieu thereof the following: 49-4A-7. (a) The department shall be authorized to: (1) Accept for detention in a youth development center or other juvenile detention facility any child who is committed to the department under Article 1 of Chapter 11 of Title 15; (2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 of Chapter 11 of Title 15; (3) Provide 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; pay the costs of returning such runaway children and youths to their home communities; and provide such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; and (4) Enter into contracts and cooperative agreements with federal, state, county, and municipal governments and their agencies and departments; enter into contracts with public and private institutions and agencies

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of this and other states; and enter into contracts with individuals, as may be necessary or desirable in effectuating the purposes of this article. (b) When given legal custody over a child or youth for detention in a youth development center or other facility under court order under Article 1 of Chapter 11 of Title 15, the department shall have: (1) The right of physical possession of the child or youth; (2) The right and duty to protect, train, and discipline the child or youth; (3) The responsibility to provide the child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the child or youth shall live; and (5) The right and duty to provide or obtain for a child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. (c) The board may authorize the commissioner to enter into contracts and agreements provided for in this Code section subject to the approval of the board or may, through appropriate action of the board, delegate such authority to the commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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DEPARTMENT OF CHILDREN AND YOUTH SERVICESLIABILITY INSURANCE COVERAGE FOR VEHICLES OPERATED BY NONPROFIT AGENCIES. Code Section 45-9-42 Amended. No. 783 (House Bill No. 1627). AN ACT To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to authorize the Department of Children and Youth Services to obtain liability insurance coverage through the state self-insurance program for vehicles operated by employees of nonprofit agencies contracting with the Department of Children and Youth Services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking subsection (a) of Code Section 45-9-42, relating to persons authorized by nonprofit agencies to operate vehicles, in its entirety and inserting in lieu thereof the following: (a) The policy of insurance provided for in Code Section 45-9-40 may also provide to nonprofit agencies and their employees, which agencies have contracted with the Department of Children and Youth Services, the Department of Transportation, or the Department of Human Resources to furnish certain services or have subcontracted with similar nonprofit agencies for the same, protection from liability for damages arising out of the authorized use of a state owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 49-2-13.1 by an employee of such agency during the course of such person's employment with such nonprofit agency, provided the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. DEPARTMENT OF NATURAL RESOURCESEMPLOYMENT OF PART-TIME CLEANING AND CUSTODIAL WORKERS OR COOKS. Code Section 45-10-25 Amended. No. 784 (House Bill No. 1651). AN ACT To amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception with respect to the employment by the Department of Natural Resources of part-time cleaning and custodial workers or cooks who work for other agencies; 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 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, is amended by striking in its entirety paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Any transaction involving part-time employment by the Georgia Building Authority or the Department of Natural Resources of custodial and cleaning workers or cooks who work for other agencies;. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994). GEORGIA GOLF HALL OF FAMEMEMBERSHIP ON BOARD; TERMS; APPOINTING AUTHORITY. Code Section 50-12-65 Amended. No. 785 (House Bill No. 1906). AN ACT To amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the membership thereof; to repeal certain provisions relating to initial terms of office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, is amended by striking Code Section 50-12-65, relating to the appointment, terms, and expenses of the members of the Georgia Golf Hall of Fame Board and their personnel, meetings, and quorum, and inserting in lieu thereof a new Code Section 50-12-65 to read as follows; 50-12-65. The board shall be composed of 15 members. Nine members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives. All members shall be appointed for terms of six years. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives

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shall consider different areas of the state when making appointments to the board. The board shall elect a chairperson, a vice chairperson, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. 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 March 25, 1994. JUDGMENT LIENSPOSSESSION BY BONA FIDE PURCHASER; DISCHARGE. Code Section 9-12-93 Amended. No. 786 (House Bill No. 72). AN ACT To amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, is amended by striking in its entirety Code Section 9-12-93, relating to when purchased property is discharged from a lien, and inserting in lieu thereof the following: 9-12-93. When any person has bona fide and for a valuable consideration purchased real or personal property and has been in the possession of the real property for four years or of the personal property for two years, such property shall be discharged from the lien of any judgment against the person from whom it was purchased or against any predecessor in title of real or personal property. Nothing contained herein shall be construed to otherwise affect the validity or enforceability of such judgment, except to discharge such property from any such lien of judgment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. APPEALSCRIMINAL CASES; STATE'S APPEAL; DIFFENDANT'S CROSS APPEAL; PROCEDURES. Code Section 5-7-1 Amended. No. 787 (House Bill No. 109). AN ACT To amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide that in any criminal case in which an appeal is taken by the state the defendant shall have a right to cross appeal; to provide for practice and procedure; to

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provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by striking Code Section 5-7-1, relating to appealable orders and judgments in criminal cases, and inserting in its place a new Code section to read as follows: 5-7-1. (a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases in the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment or accusation or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; or (4) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the impaneling of a jury. (b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38.

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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 25, 1994. COURTSTHIRD-YEAR LAW STUDENTS AND LAW SCHOOL INSTRUCTORS AS LEGAL ASSISTANTS; STUDENTS IN LAW SCHOOLS OUTSIDE THE STATE; 18 MONTHS OF ASSISTANCE. Code Section 15-18-22 Amended. No. 788 (House Bill No. 190). AN ACT To amend Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings; to provide that such authority to assist a district attorney shall extend for no longer than 18 months; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-18-22 of the Official Code of Georgia Annotated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) As used in this Code section, the term: (1) `Criminal proceeding' means any investigation, grand jury, trial, or other legal proceeding by which a person's liability for a crime is investigated or determined, commencing with the investigation, return of an indictment, or filing of the accusation and including the final disposition of the case. (2) `District attorney' means any district attorney of this state, the Attorney General, the director of the Prosecuting Attorneys' Council, or any solicitor of a state court or any assistants of such officers. (3) `Law school' means a law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970. (4) `Staff instructor' means a full-time professional staff instructor of a law school in this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state. (5) `Third-year law student' means a student regularly enrolled and in good standing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence. 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) As to each third-year law student or staff instructor authorized to assist a district attorney, there shall be kept on file in the office of the clerk of the superior court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oaths, and the judge's

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order as contemplated under subsection (e) of this Code section. The authority to assist a district attorney as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. PUBLIC RETIREMENT SYSTEMS STANDARDS LAWREPEAL OF PROVISIONS REFERENCING THE GEORGIA FIREMEN'S PENSION FUND. Code Sections 47-20-63 and 47-20-64 Repealed. No. 789 (House Bill No. 234). AN ACT To amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, so as to repeal Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter; to repeal Code Section 47-20-64, relating to the exemption of a certain bill relating to the authority of boards of trustees to increase benefits to offset certain taxation of benefits; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Public Retirement Systems Standards Law, is amended by striking in its entirety Code Section 47-20-63, relating to the exemption of a certain bill relating to the Georgia Firemen's Pension Fund from the provisions of such chapter, which reads as follows: 47-20-63. A bill which is introduced and enacted at the 1989 regular session of the General Assembly amending Chapter 7 of this title providing for the Georgia Firemen's Pension Fund shall not be subject to the requirements of this chapter if the bill as introduced and enacted contains statements of legislative findings substantially as follows: (1) That it is necessary for the bill to become law without delay in order to avoid hardship to members and retired members of the Georgia Firemen's Pension Fund; (2) That the Georgia Firemen's Pension Fund is actuarially sound; (3) That the changes in the law providing for the Georgia Firemen's Pension Fund which are accomplished by the bill will be fully financed by the Georgia Firemen's Pension Fund without the necessity of any appropriation by the General Assembly and without adversely affecting the actuarial soundness of the Georgia Firemen's Pension Fund. Section 2 . Said article is further amended by striking in its entirety Code Section 47-20-64, relating to the exemption of a certain bill relating to the authority of boards of trustees to increase benefits to offset certain taxation of benefits from the provisions of such chapter, which reads as follows: 47-20-64. A bill which is introduced and enacted at the 1991 regular session of the General Assembly amending Code Section 47-1-30, relating to the authority of boards of

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trustees to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, to provide that such authority shall apply to both present and future retirees and beneficiaries shall not be subject to the requirements of this chapter, provided that any increase in benefits granted pursuant to such authority shall not apply to that portion of a benefit exceeding a certain amount and is consistent with maintaining the actuarial soundness of the retirement system in conformity with the minimum funding requirements of Code Section 47-20-10. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. FIRE PROTECTION AND SAFETYFIREWORKS; CONDUCT DISPLAYS. Code Section 25-10-4 Amended. No. 790 (House Bill No. 286). AN ACT To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to authorize persons permitted to conduct fireworks displays to retain and store such fireworks under certain circumstances; to provide for regulation of such storage of fireworks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking subsection (b) of Code Section 25-10-4, relating to requirements of permits for display of fireworks, in its entirety and inserting in lieu thereof the following:

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(b) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with such regulations shall not be deemed contraband and shall not be subject to seizure. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. REVENUEAD VALOREM TAXES; ADDITIONAL COUNTY BOARDS OF EQUALIZATION; DECISIONS TO SPECIFY REASONS. Code Section 48-5-311 Amended. No. 791 (House Bill No. 328). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, so as to authorize the establishment of additional county boards of equalization; to require that such boards shall specify in writing the reasons for decisions on questions presented on appeal as to certain specific issues raised on appeal; 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 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, is amended by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows: (1) There is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. Section 2 . Said Code section is further amended by striking division (e)(6)(C)(i) inserting in its place a new division (e)(6)(C)(i) to read as follows: (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of his appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDDEFINITIONS; MEMBERSHIP; AGE LIMITS; VESTING. Code Title 47, Chapter 17 Amended. No. 792 (House Bill No. 495). 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 define certain terms; to repeal the requirement that persons be under the age of 45 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by inserting immediately following paragraphs (1) and (4), respectively, of Code Section 47-17-1, relating to definitions, the following: (1.1) `Creditable service' means approved prior service plus membership service. (4.1) `Membership service' means service which is rendered by an employee while he or she is a member of the fund and for which credit is allowable under this chapter.

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Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-40, relating to application for membership in such fund, and inserting in lieu thereof the following: (a) In order to obtain membership in the fund, a peace officer shall make application to the board upon an application blank to be furnished by it for that purpose. It shall be the duty of the employing authority to notify the board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of said peace officer's membership in the fund. An applicant must furnish proof of the date of such applicant's birth, and such proof shall be in such form as shall be required by the board. and by striking in its entirety subsection (d) of said Code section, which reads as follows: (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 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

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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 Code Section 47-17-44, relating to the amount of dues under such fund and matters related thereto, and inserting in lieu thereof the following: 47-17-44. (a) Each member shall pay into the fund as dues the sum of $10.00 per month. Each month's dues shall be paid not later than the tenth day of that month. Each member shall be required to pay such dues for a minimum period of 10 years before being eligible to receive the retirement benefits under this chapter, provided that, if such member is eligible to retire under this chapter and so desires, such member may retire, and the board shall deduct such monthly amount from his or her retirement benefits until he or she has paid dues into the fund for a period of 10 years. (b) No member shall receive credit for any service performed after March 1, 1951, unless such member has paid into the fund the amount required for such service. Upon application of any peace officer who applies for membership and who owes dues for service since March 1, 1951, the board may allow and provide for periodic payments of such dues over a period of not more than 36 months immediately subsequent to the date of his or her acceptance as a member. (c) Any member of the fund who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the 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 claimed as prior service; provided, however, that no member shall be allowed to purchase more than a total of five years of such creditable service; provided, further, however, that any member who becomes or again becomes a member of the

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fund on or after July 1, 1994, must have been an active member of the fund for five years or more to obtain the prior service credit provided for in this subsection. Section 4 . Said chapter is further amended by striking in their entireties subsections (b), (f), and (i) of Code Section 47-17-80, relating to retirement benefit options under such fund and matters related thereto, and inserting in lieu thereof, respectively, the following: (b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $17.50 per month for each full year of creditable service and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit shall be paid for each month of additional service credit, provided that the member either has at least 10 years of membership service and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year and additional full months of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits under this option until the member's official duties as a peace officer have been terminated, except as otherwise provided in this chapter, and unless the member files an application for retirement benefits within 90 days from the date of the termination of the member's official duties as a peace officer, unless prevented therefrom for good cause. If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which the member has received service credit, dues shall be deducted from the member's monthly benefit check until such dues have been paid in full. Any member who has at least 10 years of membership service for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if the member's employment as a peace officer is terminated; and upon reaching 55 years of age the member may be eligible to receive retirement benefits under this option.

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(f) Nothing contained in this Code section shall affect the requirement that a member make payments into the fund for a minimum period of 10 years, nor shall it affect the requirement that credit for service after March 1, 1951, shall not be given unless the member has made the required payments to the fund for all such service. Any peace officer becoming a member of the fund between April 1, 1953, and March 31, 1965, inclusive, must remain an active member and, in addition to completing the required years of service, must remit the correct amount of dues to the fund for a period of three years from the date he or she becomes a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Code section. Any peace officer becoming a member of the fund for the first time on or after April 1, 1965, must remain an active member and, in addition to completing the required years of service, must remit the correct amount of dues to the fund for a period of five years from the date he or she becomes a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Code section. (i) In the event an active member of the fund dies before retirement and such member has accumulated at least 10 years of membership service or would otherwise have been eligible to receive retirement benefits except for the member's not having terminated the member's official capacity as a peace officer, benefits shall be extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option Two of this Code section to the same extent as if such member had died while receiving retirement benefits under Option Two. Section 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-82, relating to the designation of a beneficiary to receive survivors benefits under such fund, and inserting in lieu thereof the following: (a) A peace officer, upon becoming a member of the fund and after having designated a beneficiary, shall be

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issued a certificate by the board whereby the board shall agree to pay the sum of $3,500.00, or such lesser amount as might be arrived at under this Code section, to such beneficiary upon the death of such member. If a member has received $1,000.00 or more in retirement benefits at the time of his or her death, such beneficiary shall only be entitled to receive $2,500.00 upon the death of such member. If a member has received less than $1,000.00 in retirement benefits at the time of his or her death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the member, will total $3,500.00; provided, however, that the amount to be paid to a member who dies with less than five years of service shall be $1,000.00. Section 6 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. SHERIFFS' RETIREMENT FUND OF GEORGIARATE OF CONTRIBUTIONS; BENEFITS; DEATH BENEFITS. Code Title 47, Chapter 16 Amended. No. 793 (House Bill No. 499). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to

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such fund; to increase the retirement benefits provided under the fund; to increase the death benefits for active and inactive members of the fund; to provide an effective date and conditions for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety paragraph (5) of Code Section 47-16-40, relating to the application for membership in such fund, and inserting in lieu thereof the following: (5) The member must tender with the application, within 12 months from the date of that application, or at such other time as the board may provide, a sum equal to the total of $37.50 per month for credit claimed by the member under paragraph (4) of this Code section for past service from and including January 1, 1961, to the date of application; or if such amount is not paid by the due date, the member shall be conclusively deemed to have waived his or her claim or right for credit for such period of time; or Section 2 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 47-16-43, relating to requirements for continued active membership in such fund, and inserting in lieu thereof the following: (2) Pay to the secretary-treasurer membership dues of $37.50 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and Section 3 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 47-16-100, relating to eligibility for retirement benefits under such fund, and inserting in lieu thereof the following: (2) The member must have paid dues as required by this chapter;

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Section 4 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 47-16-101, relating to retirement options under the fund and related matters, 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 $256.00 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 $256.00 per month, plus $64.00 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 $1,920.00 per month; Section 5 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 47-16-102, relating to death benefits under such fund and related matters, and inserting in lieu thereof the following: (2) In addition to the death benefits provided in paragraph (1) of this Code section, upon the death of any inactive member who would otherwise qualify to be carried upon the active membership rolls but for the fact that the member no longer holds the office of sheriff, any member who is receiving retirement benefits, or any member who is otherwise qualified to receive retirement benefits from this fund except that the member has not reached the age of 55 years or has not filed an application or has not been approved for retirement benefits, the sum of $7,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to the member's named beneficiary, if any, or to the member's estate, in that order. Upon the death of any active member, the sum of $7,000.00 shall be paid as additional death benefits to the surviving spouse of such member,

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if any, to the member's named beneficiary, if any, or to the member's estate, in that order; Section 6 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. SHERIFFS' RETIREMENT FUND OF GEORGIAMEMBERSHIP. Code Section 47-16-41 Amended. No. 794 (House Bill No. 500). AN ACT To amend Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becoming a sheriff, apply for membership; to provide restrictions; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-16-41 of the Official Code of Georgia Annotated, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia, is amended by inserting at the end thereof the following:

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(c) Any currently serving sheriff who was previously a member of the fund but who subsequently ceased to be a sheriff and withdrew from the fund may, upon again becoming a sheriff, become a member of the fund by submitting an application to the secretary-treasurer of the board between July 1, 1994 and December 31, 1994. After December 31, 1994, any person who was previously a member of the fund and subsequently ceased to be a sheriff and withdrew from the fund may become a member of the fund by submitting an application to the secretary-treasurer of the board within one year from the date he or she again becomes a sheriff. No sheriff who joins the fund pursuant to this subsection shall be entitled to claim credit for prior service as a sheriff, a peace officer, or a member of the armed services. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. PROPERTYREGISTRATION OF DEALERS AND CEMETERIES; NONPERPETUAL CARE CEMETERIES OPERATED SOLELY FOR HISTORICAL NONPROFIT PURPOSES EXEMPT. Code Section 44-3-134 Amended. No. 795 (House Bill No. 641). AN ACT To amend Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries,

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so as to provide that any nonperpetual care cemetery which is historical and is operated for nonprofit purposes shall be exempt from registration; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 44-3-134 of the Official Code of Georgia Annotated, relating to registration of dealers and cemeteries, is amended by striking subsection (d) in its entirety and inserting in lieu thereof the following: (d) Nonperpetual care cemeteries. (1) In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article. (2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required. (3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration. (4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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CRIMES AND OFFENSESOBSTRUCTION OR HINDRANCE OF AN EMERGENCY MEDICAL TECHNICIAN. Code Section 16-10-24.2 Enacted. No. 796 (House Bill No. 659). AN ACT To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding, following Code Section 16-10-24.1, a new Code Section 16-10-24.2 to read as follows: 16-10-24.2. (a) As used in this Code section, the term `emergency medical technician' means any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31. (b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any emergency medical technician in the lawful discharge of the emergency medical technician's official duties is guilty of a misdemeanor.

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(c) Whoever knowingly and willfully resists, obstructs, or opposes any emergency medical technician in the lawful discharge of the emergency medical technician's official duties by offering or doing violence to the person of such emergency medical technician is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAGEORGIA AGRIRAMA DEVELOPMENT AUTHORITY; CREDITABLE SERVICE. Code Section 47-2-317 Amended. No. 797 (House Bill No. 685). AN ACT To amend Code Section 47-2-317 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by officers and employees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority rendered prior to the date such persons became members of the retirement system; to provide for the payment of employees' contributions; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 47-2-317 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by officers and employees of the Georgia Agrirama Development Authority, is amended by inserting at the end thereof the following: (d) Any officer or employee of the authority who, prior to becoming a member of the retirement system, was an officer or employee of the authority shall be eligible to receive creditable service under the retirement system for such service rendered as an officer or employee of the authority prior to becoming a member of the retirement system. In order to receive such creditable service, the member must pay to the board of trustees the employee contributions which would have been paid to the retirement system during the period of employment by the authority, as if such employment had been rendered while a member of the retirement system, plus interest at the rate of 5 percent thereon compounded annually from the time of the employment with the authority to the date of payment. The board of trustees may require such documentation as the board finds necessary to verify the period of employment with the inspection service and the compensation received for such employment. No creditable service may be obtained pursuant to the provisions of this subsection for any period for which creditable service has been or may be obtained under any other provision of this chapter. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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CRIMES AND OFFENSESREMOVAL OF HUMAN BODY PART FROM SCENE OF DEATH OR DISMEMBERMENT. Code Section 16-12-161 Enacted. No. 798 (House Bill No. 686). AN ACT To amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, is amended by inserting at the end thereof the following: 16-12-161. (a) It shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part; provided, however, that this Code section shall not apply to a law enforcement officer acting in the lawful discharge of his or her official duties, or to any person acting under the direction of a law enforcement officer, a physician or an emergency medical technician in the course of their professions, or in the absence of any such person to any person who transports such body part directly to a medical facility, law enforcement agency, or licensed funeral home, although all such persons remain obligated to comply with the provisions of Article 2 of Chapter 16 of Title 45 concerning death investigations. (b) Any person violating the provisions of subsection (a) of 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 March 25, 1994. DISTRICT ATTORNEYS' RETIREMENT SYSTEMINCREASED BENEFITS FOR MEMBERS WITH MORE THAN 16 YEARS OF SERVICE. Code Section 47-13-70 Amended. No. 799 (House Bill No. 804). AN ACT To amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for members retiring with more than 16 years of service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, is amended by striking in its entirety Code Section 47-13-70, relating to eligibility for retirement benefits and related matters, and inserting in lieu thereof the following: 47-13-70. (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a retirement benefit. If a member retires with 16 years of creditable service or less, such member's retirement benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent of the member's average

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annual compensation multiplied by the member's total number of years of creditable service. If a member retires with more than 16 years of service, such member's retirement shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 64 percent plus 1 percent per year for each year served after 16 years of service of the member's average annual compensation multiplied by the member's total number of years of creditable service, not to exceed 24 years. After obtaining at least ten years of creditable service, a member may cease to hold office as a district attorney prior to reaching age 60 and may begin receiving the monthly retirement benefit upon reaching age 60, if the member's contributions to the fund are not withdrawn. (b) After obtaining 16 years of creditable service, a member who continues in service shall continue to make employee contributions to the fund, but the maximum retirement benefit shall be based on 16 years of creditable service. In the event a member continues in service after obtaining 16 years of creditable service, the member's `average annual compensation' for purposes of computing the member's retirement benefit shall be computed as provided in paragraph (3) of Code Section 47-13-2. (c) The monthly contributions made by the employer on behalf of a district attorney under subsection (d) of Code Section 47-13-50 shall be included in the computation of the district attorney's average annual compensation for purposes of computing retirement benefits. (d) In order to retire under this Code section, a member shall submit written application therefor to the board setting forth at what time, not less than 30 nor more than 90 days after the filing of such application, he or she desires to be retired. (e) Any district attorney who retires under this chapter, while receiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this state for which compensation is paid. Any such district attorney, while receiving a retirement or disability benefit

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under this chapter, shall not engage in the private practice of criminal law. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACOUNTY HOSPITAL AUTHORITY EMPLOYEES TRANSFERRED TO STATE SERVICE; CREDITABLE SERVICE. Code Section 47-2-96 Amended. No. 800 (House Bill No. 807). AN ACT To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Georgia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority; to provide for the payment of employer and employee contributions with interest thereon; to provide for matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Georgia, is amended by inserting immediately following subsection (g) the following: (h) Anything in this chapter to the contrary notwithstanding, any active member who became a member of this retirement system prior to 1980 as a result of being transferred by operation of law or the action of a state agency from employment by a county hospital authority to employment by a state agency shall be entitled to receive prior service credit for such member's last continuous period of employment with such county hospital authority immediately prior to such transfer, up to a maximum of ten years; provided, however, that in order to receive such creditable service the member shall pay the regular employer and employee contribution paid by or on behalf of him or her upon first becoming an employee of the state agency, plus 5 percent interest thereon, compounded annually to date of payment; provided, further, that no such service shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAAGRICULTURAL COMMODITY COMMISSION EMPLOYEES; CREDITABLE SERVICE; PRIOR SERVICE. Code Section 47-2-312 Amended. No. 802 (House Bill No. 959). AN ACT To amend Code Section 47-2-312 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for employees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions; to provide for employee and employer contributions and interest; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-312 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for employees of agricultural commodity commissions, is amended by inserting at the end thereof the following: (e) (1) This subsection shall apply only to an employee of an agricultural commodity commission employed on July 1, 1976. (2) An employee of an agricultural commodity commission who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an employee of such commission, subject to the requirements of this subsection. Any such employee must pay to the board of trustees the employee contributions, plus accrued interest thereon at the rate of 5 percent per

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annum, compounded annually, which would have been paid during the period of prior employment if the employee had been a member of the retirement system during such period. The commission shall pay from any funds available to the commission the employer contributions, plus accrued interest thereon at the rate of 5 percent per annum, compounded annually, which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection all or any part of the amount which the board of trustees determines will fully fund as creditable service the total amount of prior employment of the employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the commission, the employee shall receive such creditable service under the retirement system for prior employment as an employee of the commission as the amount so paid will fund without creating any additional accrued liability of the retirement system. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. TRIAL JUDGES AND SOLICITORS RETIREMENT FUNDSPOUSES' BENEFITS; CONTRIBUTIONS. Code Section 47-10-65 Amended. No. 803 (House Bill No. 1020). AN ACT To amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: (e) When a member elects to obtain spouses' benefits as provided in this Code section and such member attains 16 years of creditable service for regular retirement pursuant to subsection (b) of Code Section 47-10-100, such member shall continue to make the employee contributions required for spouses' benefits until such member attains 16 years of creditable service for the purpose of spouses' benefits.

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Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIAJOINING OR REJOINING THE FUND; SERVICE CREDIT. Code Section 47-11-40 Amended. No. 804 (House Bill No. 1091). AN ACT To amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund; to authorize certain members to obtain service credit for prior service; to provide that members shall be barred from receiving service credit for periods during which contributions are not timely paid; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in

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and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety paragraph (4) of Code Section 47-11-40, relating to membership in the fund and related matters, which reads as follows: (4) As to judges of the probate court, notwithstanding any other provisions to the contrary, and judge of the probate court who may have served as much as 12 months as such judge of the probate court of any county but who may have failed to make application for membership in the fund may apply for and be admitted as a member of the fund at any time but shall not be entitled to claim or receive credit toward retirement for any time served prior to the date the application for membership is received in the office of the secretary-treasurer;, and inserting in lieu thereof the following: (4) (A) Any person who on July 1, 1994, has been eligible for membership in the fund for at least 12 months immediately preceding that date and who has never joined the fund may join or rejoin the fund by complying with all relevant provisions of this Code section; provided, however, that such person must make application to the board of trustees not later than June 30, 1995, or forever be barred from receiving credit toward retirement for any time served prior to the date any application for membership is received in the office of the secretary-treasurer. (B) Any person who becomes a member pursuant to subparagraph (A) of this paragraph shall be entitled to obtain service credit for any period during which such person was eligible for membership. Any person who is a member on July 1, 1994, and who has failed to obtain service credit for any period of service as a probate judge may receive service credit for such period for which service credit has not been awarded. Such service credit may be obtained not later than June 30, 1995, by complying with the provisions of paragraphs (5) and (6) of this Code section;

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Section 2 . Said article is further amended by inserting following Code Section 47-11-40 the following: 47-11-41. No member shall receive service credit for any calendar year in which an arrearage exists on December 31 in the payment of dues required by Code Section 47-11-40 or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter. Section 3 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. INSURANCECONFIRMATION OF DATE AND TIME OF CANCELLATION OF POLICY. Code Section 33-24-44.1 Amended. No. 805 (House Bill No. 1142). AN ACT To amend Code Section 33-24-44.1 of the Official Code of Georgia Annotated, relating to the procedure for the cancellation of an insurance policy by an insured, so as to provide that an insurer, upon receiving a written request from an insured for cancellation of a policy, the insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured; 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 33-24-44.1 of the Official Code of Georgia Annotated, relating to the procedure for the cancellation of an insurance policy by an insured, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) An insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by making a written request for cancellation of an insurance policy to the insurer or its duly authorized agent stating a future date on which the policy is to be canceled. Such cancellation shall be accomplished in the following manner: (1) If only the interest of the insured is affected, the policy shall be canceled on the later of the date the returned policy or written request is received by the insurer or its duly authorized agent or the date specified in the written request; provided, however, that upon receipt of a written request for cancellation from an insured, an insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured; (2) If by statute, regulation, or contract the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party, the insurer shall mail or deliver such notice stating the date cancellation shall become effective, but such date shall not be less than ten days from the date of mailing or delivery of the notice. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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APPEALSSUPERSEDEAS BOND; MOTION IN TRIAL COURT; FILING AT TIME FIXED BY TRIAL COURT. Code Section 5-6-46 Amended. No. 806 (House Bill No. 1188). AN ACT To amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts; to provide for discretion by the court in certain deficient filings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to operation of notice of appeal as supersedeas in civil cases, is amended by striking subsections (a) and (b) of said Code section in their entirety and inserting in their place the following: (a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or is found to be frivolous, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover

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the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest, and damages for delay. (b) If supersedeas bond is not filed within the time specified by the judge, or if the bond filed is found insufficient, a bond may be filed at such time as may be fixed by the trial court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. APPEALSORDER GRANTING OR DENYING WITHIN 30 DAYS OF APPLICATION. Code Sections 5-6-34 and 5-6-35 Amended. No. 807 (House Bill No. 1189). AN ACT To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocutory and discretionary appeals will be decided; to extend the period of response from a

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maximum of 25 days to 30 days; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate courts, is amended by striking subsection (b) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, in its entirety and inserting in its place the following: (b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant,

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to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment. Section 2 . Said article is further amended by striking subsection (f) of Code Section 5-6-35, relating to cases in which application for appeal is required, in its entirety and inserting in its place the following: (f) The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MUNICIPAL OFFICERSTERMS; EXPIRATION FOR OFFICERS ELECTED IN 1988 FOR SIX-YEAR TERMS. Code Section 21-3-60 Amended. No. 808 (House Bill No. 1192). AN ACT To amend Code Section 21-3-60 of the Official Code of Georgia Annotated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 21-3-60 of the Official Code of Georgia Annotated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of four years or greater as of January 1, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows: (1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993; (2) Municipal offices elected in 1990 shall have their terms expire December 31, 1995; (3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; (4) Municipal offices elected in 1992 shall have their terms expire December 31, 1997; and (5) Municipal offices elected in 1988 for a six year term of office shall have their terms expire December 31, 1995. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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CRIMES AND OFFENSESLICENSE TO CARRY A PISTOL OR REVOLVER; FELONY OFFENDERS. Code Section 16-11-129 Amended. No. 809 (House Bill No. 1201). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permits, is amended by striking paragraph (3) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MOTOR VEHICLESREGISTRATION AND CERTIFICATE OF TITLE APPLICATIONS; PERFECTION OF SECURITY INTEREST. Code Sections 40-2-20 and 40-3-50 Amended. No. 810 (House Bill No. 1235). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to delete provisions relating to the concurrent application for a motor vehicle registration and certificate of title; to provide that an application for a motor vehicle registration and an application for a motor vehicle certificate of title may be submitted separately; to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's residence; to provide for issuance of evidence of receipt of such applications; to provide for a statement of 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 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-2-20, relating to registration and license requirements, in its entirety and inserting in lieu thereof the following: (a) (1) 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,

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on or before May 1 in each year, before operating 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 and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.

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(2) An application for the registration of a motor vehicle may be submitted separately from the application for a certificate of title for such motor vehicle, and an application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. Section 2 . Said title is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests in motor vehicles, in its entirety and inserting in lieu thereof the following: (b) A security interest is perfected by delivery to the commissioner or to the tag agent in the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder. Section 3 . The General Assembly declares that the enactment of Section 2 of this Act is a present clarification of the original intent of the General Assembly as to the method, manner, and time of perfection of a security interest in a motor vehicle. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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CRIMINAL PROCEDUREINDIGENT DEFENSE; STATE FUNDED LOCAL PROGRAMS; IN WHAT CASES LEGAL REPRESENTATION PROVIDED. Code Section 17-12-38.1 Enacted. No. 811 (House Bill No. 1254). 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 for indigent defense in all felony cases and in certain misdemeanor cases in the superior, state, and magistrate courts; to provide for indigent defense in certain pretrial proceedings; to provide for indigent defense in certain juvenile proceedings; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 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 adding a new Code section to read as follows: 17-12-38.1. State funded local indigent defense programs and local indigent defense programs shall provide legal representation for indigents in all felony cases and in those misdemeanor cases in which indigents are guaranteed the right to counsel in the superior, state, and magistrate courts; all actions and proceedings provided for under subparagraph (e)(4)(B) and paragraph (2) of subsection (f) of Code Section 17-7-131; and all actions and proceedings within the juvenile courts of this state in which a person is entitled to legal representation under the Constitution of the United States or the Constitution and laws of the State of Georgia, including but not limited to actions involving delinquency, unruliness, incorrigibility, deprivation, and termination

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of parental rights. Nothing in this Code section shall be interpreted as applying to guardians ad litem. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. CORONERSANNUAL TRAINING. Code Sections 45-16-6 and 45-16-66 Amended. No. 812 (House Bill No. 1256). AN ACT To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the participation by coroners and deputy coroners in an annual training course; to change the provisions relating to annual training requirements for certified coroners; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the participation by coroners and deputy coroners in an annual training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows: 45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take a training course approved by the Georgia Coroner's Training Council

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pursuant to Code Section 45-16-66. Any coroner or deputy coroner taking the approved training course provided by the Georgia Police Academy shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coroners, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to maintain the status of a certified coroner, each person certified as such shall complete such additional training per annum during each year in which he or she serves as coroner as provided by the Georgia Coroner's Training Council in its rules and regulations, but such training course shall not be less than 16 hours per year. Each coroner and deputy coroner shall file a certificate of additional training with such council. Section 3 . This Act shall become effective January 1, 1995. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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REVENUEEXECUTIONS OF TAX COLLECTORS AND TAX COMMISSIONERS; NOTICE NOT REQUIRED FOR TAXES DUE ON PERSONALTY. Code Section 48-3-3 Amended. No. 813 (House Bill No. 1268). AN ACT To amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to executions of tax collectors and tax commissioners, so as to provide that notice to the taxpayer that taxes are due on personal property shall not be required; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to executions of tax collectors and tax commissioners, is amended by striking subsection (b) and inserting in lieu thereof the following: (b) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued; provided, however, notice shall not be required for taxes due on personal property and executions may be issued on the day next following the day when taxes are due. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994.

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CRIMES AND OFFENSESTHEFT OF UNHARVESTED COMMERCIAL AGRICULTURAL PRODUCTS. Code Section 16-8-12 Amended. No. 814 (House Bill No. 1277). AN ACT To amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, so as to change provisions relating to punishment of offenses involving the theft of growing or otherwise unharvested commercial agricultural products; to provide for a minimum fine to be imposed in such cases where no sentence of confinement is imposed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishment for criminal offenses involving theft, is amended by adding at its end a new subsection (c) to read as follows: (c) Where a violation of Code Sections 16-8-2 through 16-8-9 involves the theft of a growing or otherwise unharvested commercial agricultural product which is being grown or produced as a crop, such offense shall be punished by a fine of not less than $500.00 and not more than the maximum fine otherwise authorized by law. This minimum fine shall not in any such case be subject to suspension, stay, or probation. This minimum fine shall not be required in any case in which a sentence of confinement is imposed and such sentence of confinement is not suspended, stayed, or probated; but this subsection shall not prohibit imposition of any otherwise authorized fine in such a case.

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Section 2 . This Act shall become effective July 1, 1994, and shall apply with respect to offenses committed on or after that effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. SUPERIOR COURTSSOUTH GEORGIA JUDICIAL CIRCUIT; TERMS IN DECATUR AND MITCHELL COUNTIES. Code Section 15-6-3 Amended. No. 815 (House Bill No. 1311). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior court, is amended by striking paragraph (34) in its entirety and inserting in its place the following: (34) South Georgia Circuit: (A) Baker CountyThird Monday in January and July. (B) Calhoun CountyLast Monday in May and November.

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(C) Decatur CountyFirst Monday in May and November. (D) Grady CountyThird Monday in March and September. (E) Mitchell CountyThird Monday in April and October. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. REVENUEINCOME TAX WITHHOLDING; STATE REVENUE COMMISSIONER TO PROMULGATE REGULATIONS REGARDING LOTTERY PRIZES. Code Section 48-7-101 Amended. No. 816 (House Bill No. 1369). AN ACT To amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to authorize the state revenue commissioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes; 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 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, is amended in subsection (f) by striking and at the end of paragraph (5); by striking the period at the end of paragraph (6) and inserting in its place ; and; and by adding a new paragraph at

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the end thereof, to be designated paragraph (7), to read as follows: (7) To prescribe the manner and extent to which withholding tax shall apply to the proceeds of any lottery prize of $5,000.00 or more awarded by 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 and shall be applicable to all taxable years beginning on or after January 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MOTOR VEHICLESTRAFFIC ACCIDENTS TO BE REPORTED TO DEPARTMENT OF PUBLIC SAFETY. Code Section 40-9-31 Amended. No. 817 (House Bill No. 1386). AN ACT To amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents 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 . Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, is amended by striking Code Section 40-9-31 which reads as follows:

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40-9-31. Reserved. in its entirety and inserting in lieu thereof the following: 40-9-31. Each local law enforcement agency shall submit to the Department of Public Safety a copy of any accident report prepared by such local law enforcement agency or submitted to such agency by a member of the public. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such local law enforcement agency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MOTOR VEHICLESPROPERTY DAMAGE REQUIRED FOR POLICE INVESTIGATION. Code Section 40-6-273 Amended. No. 818 (House Bill No. 1387). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of property damage which must be present as a condition of a police investigation of a motor vehicle accident; to increase the minimum amount of property damage occurring as a result of a motor vehicle accident for purposes of reporting of such accidents; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-273, relating to the duty to report an

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accident resulting in injury, death, or property damage, in its entirety and inserting in lieu thereof the following: 40-6-273. The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol. Section 2 . Said title is further amended by striking paragraph (1) of Code Section 40-9-2, relating to definitions relative to reporting of accidents, in its entirety and inserting in lieu thereof the following: (1) `Accident' means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. PROPERTYFUTURE INTERESTS DESCENDIBLE, DEVISABLE, AND ALIENABLE AS ESTATES IN POSSESSION; INHERITANCE OF REMAINDERS; LEGISLATIVE INTENT. Code Section 44-5-40 Amended. Code Section 44-6-63 Repealed. No. 819 (House Bill No. 1420). AN ACT To amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent,

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executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed; to amend Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, so as to repeal Code Section 44-6-63; to provide for other related matters; to provide for 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 . Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, is amended by striking in its entirety Code Section 44-5-40, which reads as follows: 44-5-40. A future interest or estate may be conveyed by deed if it operates to transfer the title immediately; and, if not, the instrument will be testamentary and revocable., and inserting in lieu thereof a new Code Section 44-5-40 to read as follows: 44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Section 2 . Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, is amended by striking in its entirety Code Section 44-6-63, relating to interest of heirs of a remainderman, which reads as follows: 44-6-63. (a) If a remainderman with a vested remainder interest dies before the life tenant, his heirs shall be entitled to a vested remainder interest. (b) If a remainderman with a contingent remainder interest limited as to an event dies before the life tenant, his heirs shall be entitled to a contingent remainder interest.

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(c) If a remainderman with a contingent remainder interest limited as to a person dies and that person is not in being when the contingency happens, his heirs shall not be entitled to a contingent remainder interest., and inserting in lieu thereof the following: 44-6-63. Reserved. Section 3 . This Act is intended to clarify and codify the law regarding the alienability of future interests. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. REVENUEOCCUPATION TAXES; LOCAL GOVERNMENTS; EXEMPTION CLARIFIED; EXCLUDED BUSINESSES AND OCCUPATIONS SUBJECT TO OTHER TAXES. Code Sections 48-13-6 and 48-13-16 Amended. No. 820 (House Bill No. 1613). AN ACT To amend Code Section 48-13-6 of the Official Code of Georgia Annotated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local governments, as such Code sections were amended by an Act to revise comprehensively the authority of counties and municipal corporations relating to occupation taxes and regulatory

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fees for businesses and practitioners of professions and occupations, approved April 15, 1993 (Ga. L. 1993, p. 1292), so as to clarify that certain businesses and occupations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxation under other provisions of general law and municipal charters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-13-6 of the Official Code of Georgia Annotated, relating to levy of occupation tax by counties and municipalities, as such Code section was amended by 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, approved April 15, 1993 (Ga. L. 1993, p. 1292), is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof new subsections to read as follows: (a) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, 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) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, the governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of

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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 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. Section 2 . Code Section 48-13-16 of the Official Code of Georgia Annotated, relating to businesses or practitioners of occupations exempt from occupation taxes of local governments, as such Code section was amended by 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, approved April 15, 1993 (Ga. L. 1993, p. 1292), is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection to read as follows: (a) The following businesses or practitioners shall be excluded from occupation tax, registration fees, or regulatory fees under the provisions of this article but shall be subject to taxation and regulation as otherwise provided by general law and municipal charters: (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. Section 3 . This Act shall become effective on January 1, 1995.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1994. MR. JAMES C. COOKCOMPENSATION. No. 57 (House Resolution No. 926). A RESOLUTION Compensating Mr. James C. Cook; and for other purposes. WHEREAS, before daybreak on February 4, 1993, Mr. James C. Cook was on his way to work and driving his 1982 Audi 4000 on the State Highway 166 bypass near Newnan Road in Carrollton, Georgia; and WHEREAS, a traffic sign had been knocked down in the road and, as Mr. Cook steered to avoid the sign, he struck the sign post; and WHEREAS, there was a car in the other lane of traffic, so Mr. Cook had no other alternative; and WHEREAS, as Mr. Cook ran over the sign post, it was forced up through the hood of his car causing extensive damage to the motor vehicle; and WHEREAS, Mr. Cook has suffered property damage in the amount of $2,918.49; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Cook and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of

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$2,918.49 to Mr. James C. Cook as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 25, 1994. STATE PROPERTYGEORGIA PORTS AUTHORITY; SALE OF PROPERTY TO COLUMBUS, GEORGIA, AUTHORIZED. No. 58 (House Resolution No. 907). A RESOLUTION Authorizing the disposition by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the purpose of providing portions of the softball venue for the Games of the XXVI Olympiad; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, during the 1960's, the Georgia Ports Authority acquired certain parcels of real property from the City of Columbus, Georgia, and is still the owner of those properties in Columbus, Georgia; and WHEREAS, Columbus, Georgia, will be hosting the women's fastpitch softball competition for the Games of the XXVI Olympiad and the properties now owned by the Georgia Ports Authority are essential elements in the proposed situs of the women's fastpitch softball venue; and WHEREAS, the Georgia Ports Authority has determined that such real properties are not presently fulfilling the authority's needs. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . That the above-referenced real properties are located in Columbus, Georgia, and are more specifically described as follows: PARCEL ONE All that tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee and in the South Commons of the City of Columbus, all as reflected on a map or plat entitled SURVEY OF: PARCEL B FOR: THE CITY OF COLUMBUS, GEORGIA, which map or plat was prepared by the Department of Engineering, Columbus, Georgia, is dated November 30, 1993, and is duly recorded in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, in Plat Book 123, Page 112, to which map or plat reference should be made for the exact metes and bounds description of said Parcel B, 56,226 square feet, or 1.29 acres, herein conveyed, all as shown thereupon. The above described property is a portion of the property conveyed by the City of Columbus to the Georgia Ports Authority by Deed, dated June 5, 1961, which Deed is duly recorded in the Office of the aforesaid Clerk in Deed Book 799, Page 538. Such Deed was conveyed pursuant to that certain Agreement between the City of Columbus and the Georgia Ports Authority, dated June 5, 1961, and recorded in the Office of the aforesaid Clerk in Deed Book 799, Page 541. PARCEL TWO All that tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee and in the South Commons of the City of Columbus and better described as follows: BEGINNING at the point which marks the northwest corner of the intersection of the west line of Tenth Avenue, also called Victory Drive, with the north line of Lumpkin Boulevard as the same existed on the 7th day of June, 1965; running thence north 0 48[UNK] east along the west side of Tenth Avenue, also known as Victory Drive, and continuing along a curve to the left along the northwest side of the curved

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intersection of Tenth Avenue and Fourth Street, which curved intersection is also known as part of Victory Drive and continuing thence along the southern or southwestern line of Fourth Street, also known as Victory Drive, in a northwesterly direction for a total distance of 2120[UNK] to a point on the south line of said Fourth Street or Victory Drive at its intersection with a line which is parallel to and 1050[UNK] west of the west line of Tenth Avenue or Victory Drive; running thence south 0 48[UNK] west a distance of 1390[UNK] to the north line of Lumpkin Boulevard; running thence easterly along the north line of Lumpkin Boulevard a distance of 1065[UNK] to the POINT OF BEGINNING. A map or plat of said property known and designated as Drawing No. D-203 is recorded in the office of the Clerk of the Superior Court of Muscogee County, Georgia, in Plat Book 35, folio 86. The above described property is the same identical property conveyed by the CITY OF COLUMBUS to the GEORGIA PORTS AUTHORITY by Deed, dated June 7, 1965, which Deed is duly recorded in the Office of the aforesaid Clerk in Deed Book 1019, Page 45. PARCEL THREE All that tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee and in the South Commons of the City of Columbus, all as reflected on a map or plat entitled SURVEY OF: PARCEL A FOR: THE CITY OF COLUMBUS, GEORGIA, which map or plat was prepared by the Department of Engineering, Columbus, Georgia, is dated November 30, 1993, and is duly recorded in the Office of the Clerk of the Superior Court of Muscogee County, Georgia, in Plat Book 123, Page 109, to which map or plat reference should be made for the exact metes and bounds description of said Parcel A, 452,349 square feet, or 10.38 acres, herein conveyed, all as shown thereupon. The above described property is a portion of the property conveyed by the City of Columbus to the Georgia Ports Authority by Deed, dated June 5, 1961, which Deed is duly recorded in the Office of the aforesaid Clerk in Deed Book 799, Page 538.

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Section 2 . That the Georgia Ports Authority is the owner of the above-described real properties and it is authorized and empowered to convey the record title of the Georgia Ports Authority in and to the above-described real properties by quitclaim deed to Columbus, Georgia, during the present and following years, for a monetary or in-kind consideration of not less than $10.00 so long as the property is used as the sports venue for the women's fastpitch softball competition during the Games of the XXVI Olympiad and for public purposes thereafter, and upon such other terms and conditions as the Georgia Ports Authority shall in its discretion determine to be in the best interest and most advantageous to the authority. Section 3 . That the Georgia Ports Authority is authorized and empowered to do all acts and things necessary and proper to effect this conveyance; provided, however, that the quitclaim deeds authorized by Section 2 of this resolution shall not be valid unless first approved in writing by the Governor, the state auditor, and the Attorney General. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 25, 1994. SWAMP GRAVYDESIGNATION AS GEORGIA'S OFFICIAL FOLKLIFE PLAY. No. 59 (House Resolution No. 791). A RESOLUTION Designating Swamp Gravy as Georgia's Official Folklife Play; and for other purposes.

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WHEREAS, the Swamp Gravy Catalyst Project is a community chautauqua providing education and entertainment which will be created in the winter of 1994 by 300 Miller County residents with the assistance of professional artists and scholars in the humanities; and WHEREAS, Swamp Gravy will be performed in March, 1994, for 3,000 area citizens; and WHEREAS, this performance is of, by, and for the people of Miller County and will be based on the oral history of the region's diverse peoples and will be presented by them; and WHEREAS, Swamp Gravy will celebrate shared heritage, proclaim a multicultural identity, and probe issues of gender, age, class, and race; and WHEREAS, Swamp Gravy stands for a spirit of cooperation in the community and is named for a local dish cooked from whatever is on hand; and WHEREAS, this outstanding project will give people tools of self-confidence, provide role models, and create a new community self-image; and WHEREAS, the chautauqua will contribute to the community's developing tourism program; and WHEREAS, Swamp Gravy is based on the idea that everybody has a story to tell and the essence of the project is in the giving of the gift of people's lives; and WHEREAS, Swamp Gravy will strengthen the community by making use of resources that include heritage, stories, and the talents of its people to perform a variety of roles on stage and off. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Swamp Gravy is designated as Georgia's Official Folklife Play.

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BE IT FURTHER RESOLVED that the members of the General Assembly recognize and commend the dedicated efforts of the citizens of the City of Colquitt and Miller County in creating this outstanding program. Approved March 29, 1994. HOWARD BO WARREN PARKWAYDESIGNATED. No. 60 (House Resolution No. 668). A RESOLUTION Designating the Howard Bo Warren Parkway; and for other purposes. WHEREAS, Mr. Howard Bo Warren was born on March 10, 1935, in Jesup, Georgia, and raised in Long County, Georgia, as the youngest of five children; and WHEREAS, he won a four-year basketball scholarship to Georgia Teachers College, where he also played baseball, establishing several new school records, some of which have yet to be surpassed; and WHEREAS, he worked at ITT Rayonier for several years before beginning his career as a teacher and coach in Wayne County, Georgia; and WHEREAS, he continued his education, earning a Masters Degree; and WHEREAS, he served as deacon of the First Baptist Church of Jesup, Georgia, and was an active member of the Gideons; and WHEREAS, he and his wife, the former Shirley Hodges, raised a fine family of two daughters, Kendra Warren Voss and Dena Warren Payne; and

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WHEREAS, Howard Bo Warren, devoted husband and father, dedicated teacher, beloved coach, church leader, and record-breaking athlete, has been sorely missed since he left this life on February 24, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 84 between Jesup and Ludowici is designated as the Howard Bo Warren Parkway in honor of Mr. Warren's many contributions to his community. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to provide and maintain appropriate signs designating the Howard Bo Warren Parkway. 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 Mr. Howard Bo Warren. Approved March 29, 1994. HARDY DURHAM FAULK, SR., MEMORIAL BRIDGEDESIGNATED. No. 61 (House Resolution No. 967). A RESOLUTION Part 1 Designating the Hardy Durham Faulk, Sr., Memorial Bridge; and for other purposes. WHEREAS, Mr. Hardy Durham Faulk, Sr., a civic leader, farmer, and merchant in Twiggs County contributed so much to his community during his eventful life; and WHEREAS, he was a security representative with Great Southern Paper Company, formerly Great Northern Paper

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Company and, prior to that, Southern Land and Timber Company; and WHEREAS, Mr. Faulk was a charter member of the Richland Restoration League and Twiggs County Development Corporation; and WHEREAS, he was a Democrat and Colonel aide-decamp on the staff of Governor Ernest Vandiver; and WHEREAS, his love for his community was second only to his love for his lovely wife, Eulilla Blanche Baker, and his son, Hardy Durham Faulk, Jr.; and WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designation of a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Savage Creek that flows under State Route 87 and U.S. Highway 23 in Twiggs County is designated as the Hardy Durham Faulk, Sr., Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Hardy Durham Faulk, Sr., Memorial 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 Mr. Hardy Durham Faulk, Sr. Part 2 WHEREAS, with the passing of Mrs. Janette McGarity Barber on August 19, 1983, the State of Georgia lost one of its most distinguished citizens; and

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WHEREAS, a native of Dallas, Georgia, the daughter of the late Colonel and Mrs. Charles Benjamin McGarity, and the wife of Mac Barber, former legislator and current member of the Public Service Commission, Mrs. Barber was educated at the University of Georgia where she received the following degrees: Bachelor of Science, Master of Education, and Master of Arts; and WHEREAS, the future brightness of her career was evident on the university campus where she was a member of Phi Kappa Phi and Phi Upsilon Omicron and served as president of Kappa Alpha Theta Sorority. In 1992, the sorority constructed a new chapter room and named it in her memory; and WHEREAS, she served the citizens of Georgia and the nation in a variety of positions and responsibilities and in each capacity her skill, genius for making friends, and outstanding abilities and energies made lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens; and WHEREAS, she was a leader, an educator, an editor, a scholar, a professional, a civic servant, and a most outstanding personality, and some of her contributions are: Teacher: Home Economics Education; State Advisor: Georgia Association, Future Home-makers of America, of whom the alumni number more than 300,000; President: Georgia Home Economics Association; President: Georgia Vocational Association; Chairman: Georgia Committee on Children and Youth; Chairman: Georgia Teenage Nutrition Council; President: Georgia Mothers Association; Editor: Historic Georgia Mothers a book featuring 25 historic Georgia women, published in 1976;

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Chairman: Legislative Committee, Garden Clubs of Georgia; Chairman: Georgia Delegation to the White House Conference on Children and Youth; Member: White House Advisory Committee on Children and Youth appointed by President Richard M. Nixon; Member: Advisory Board, National Future Homemakers of America; Member: Editorial Board of Seventeen magazine; Member: Southeastern Council on Family Life Education; Member: American Vocational Association; Member: American Home Economics Association; First Vice President: American Mothers Committee, Inc.; Listed in: Who's Who Among American Women: Chairman: Commerce Public Library Board; President: Friends of the Library; and President: Commerce Garden Club Council; and WHEREAS, her charm and radiant personality endeared her to all who knew her as she gave so unselfishly of her time and energy; and WHEREAS, among her honors were: First Distinguished Alumni Award given by the University of Georgia, College of Home Economics Alumni Association; named Person of the Year by the Georgia Youth Council; named the Woman of the Year by Progressive Farmer magazine; and, posthumously, named the 1985 College of Home Economics Honor Hall of Recognition Designee; the designation of the Janette McGarity Barber Distinguished Professorship at the University of Georgia; the designation of the Janette McGarity Barber Kappa Alpha Theta Sorority Chapter Room at the University of Georgia; the designation of the Janette McGarity Barber patio

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at the FFA-FHA camp on Lake Jackson by the State Department of Education; and WHEREAS, in further recognition of Mrs. Barber's outstanding contributions to the young women of this state, her alma mater, the College of Family and Consumer Sciences of the University of Georgia, announced the establishment on June 25, 1991, of the Janette McGarity Barber Distinguished Professorship; and WHEREAS, Mrs. Barber is best remembered by thousands of citizens of the State of Georgia as a friend, an adviser, and a mentor; and it is mostly for this reason that contributions totaling more than $39,820.00 have come from across this state in her memory and all of which was used to establish educational scholarships; and WHEREAS, it is only fitting for this body to remember the dedicated example of Janette McGarity Barber and her lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens by her roles as educator, leader, scholar, and professional. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body recognizes the outstanding accomplishments and contributions of Mrs. Janette McGarity Barber by directing that a portrait of this distinguished woman be placed on the third floor of the west side of the state capitol building, over which the House of Representatives has exclusive authority and jurisdiction with regard to the hanging of portraits in such area. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to conduct all the necessary matters relative to the purposes set out in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mr. Mac Barber. Approved March 29, 1994.

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REVENUEINCOME TAXES; INCREASE IN DEPENDENT EXEMPTION AND RETIREMENT INCOME EXCLUSION; WITHHOLDING EXEMPTION ALLOWANCES CHANGED. Code Sections 48-7-26 and 48-7-27 Amended. No. 846 (House Bill No. 596). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to increase the amount of dependent exemption and retirement income exclusion with respect to Georgia taxable net income; to change the amount of certain income tax withholding exemption allowances; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking paragraph (2) of subsection (b) of Code Section 48-7-26, relating to personal exemptions, and inserting in its place new paragraphs (2) and (3) to read as follows: (2) An exemption of $1,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return. (3) (A) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (B) For taxable years beginning on or after January 1, 1995, an exemption of $2,500.00 for each dependent of

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a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. Section 2 . Said chapter is further amended by striking subparagraph (a)(5)(A) of Code Section 48-7-27, relating to the computation of Georgia taxable net income, and inserting in its place a new subparagraph (a)(5)(A) to read as follows: (A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows: (i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; and (iv) For taxable years beginning on or after January 1, 1995, retirement income from any source not to exceed an exclusion amount of $12,000.00. Section 3 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 48-7-101, relating to income tax withholding, and inserting in its place a new paragraph (1) to read as follows: (1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied

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by the number of dependency exemptions claimed by the employee. Payroll Period Col. 1 Single Exemption Col. 2 Marital Exemption Col. 3 Each Dependent Exemption Weekly $ 28.75 $ 57.50 $ 48.00 Biweekly 57.50 115.00 96.00 Semimonthly 62.50 125.00 104.00 Monthly 125.00 250.00 208.00 Quarterly 375.00 750.00 625.00 Semiannual 750.00 1,500.00 1,250.00 Annual 1,500.00 3,000.00 2,500.00 Daily or Miscellaneous 4.10 8.20 6.80 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 March 29, 1994. UTILITY CONTRACTORSDEFINITION OF TERMS; LICENSING; CONTRACT BIDS. Code Title 43, Chapter 14 Amended. No. 847 (House Bill No. 1596). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change the provisions relating to

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the membership of the State Construction Industry Licensing Board; to change the provisions relating to grounds for refusing to grant a license or certificate or for suspension, revocation, or cancellation of licenses or certificates; to change the provisions relating to the right to engage in the business of utility contracting; to repeal certain provisions relating to required financial statements and regarding the bidding of utility contracting work, contract bids, and bid limits; to change the provisions relating to utility managers and utility manager certificates and examinations; to change the provisions relating to the certification of utility foremen; to change an exemption relating to utility contracting work; to provide an effective date; to repeal a specific act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, in their entirety and inserting in lieu thereof new paragraphs (13) and (17) to read as follows: (13) `Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the utility system work exceeds $100,000.00. (17) `Utility system' means any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, sanitary sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity

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or for the disposal of said service, product, or commodity. Section 2 . Said chapter is further amended by striking in its entirety paragraph (3) or subsection (b) of Code Section 43-14-3, relating to the State Construction Industry Licensing Board, and inserting in lieu thereof a new paragraph (3) to read as follows: (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 three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade;. Section 3 . Said chapter is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 43-14-6, relating to powers and duties of divisions, and inserting in lieu thereof a new paragraph (4) to read as follows: (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

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practice any profession licensed or certified under this chapter; (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (E) Knowingly performing any act which in any way assists an unlicensed 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; or (I) With respect to utility contractors, violations of Chapter 9 of Title 25;. Section 4 . Said chapter is further amended by striking Code Section 43-14-8.2, relating to the bidding of utility contracting work, in its entirety and inserting in lieu thereof a new Code Section 43-14-8.2 to read as follows:

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43-14-8.2. (a) For purposes of this Code section only, `division' means the `Division of Utility Contractors.' (b) After June 30, 1994, 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 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 names and addresses of proprietor, partners, or officers of such applicant; (B) The place and date such partnership was formed or such corporation was incorporated; and (C) 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) Pay or have paid the required fees; and

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(4) 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, 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. (h) After June 30, 1994, it shall be unlawful for any contracting body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section or intends to have the utility contracting work performed by another person who has obtained such license. The utility contractor license number of the

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person who will perform the utility work shall be written on the face of the bid envelope, unless otherwise provided. If 50 percent or more of any multifaceted project being bid is utility work, the bidder must have obtained a utility license and his or her number must be written on the face of the bid. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-14-8.3, relating to utility managers and utility manager certificates, and inserting in lieu thereof a new Code Section 43-14-8.3 to read as follows: 43-14-8.3. (a) After June 30, 1994, 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. (c) An applicant may request an oral administration of the examination. Section 6 . Said chapter is further amended by striking in its entirety Code Section 43-14-8.4, relating to the certification of utility foremen, and inserting in lieu thereof a new Code Section 43-14-8.4 to read as follows: 43-14-8.4. (a) After June 30, 1994, 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

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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 December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified. (c) After June 30, 1994, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system. Section 7 . Said chapter is further amended by striking subsection (1) of Code Section 43-14-13, relating to the exemption for utility contractor licensing on work performed for the Department of Transportation, in its entirety and inserting in lieu thereof a new subsection (1) to read as follows: (1) Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for the department. Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for a county, municipality, authority, or other political subdivision when such work is of the same nature as that for which the person is qualified when performing department work; provided, however, that such work is not performed on a utility system as defined in paragraph (17) of Code Section 43-14-2 for which the person receives compensation. Section 8 . HB 1193, Act No. 620, which changes the provisions relating to the licensing of utility contractors, enacted

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at the 1994 regular session of the General Assembly and approved by the Governor on February 4, 1994, is hereby repealed in its entirety. Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA DEATH INVESTIGATION ACTMEDICAL EXAMINER; NOTIFICATION OF DEATH. Code Section 45-16-24 Amended. No. 848 (Senate Bill No. 99). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Death Investigation Act, so as to provide that the county medical examiner shall be notified when any person dies after having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Death Investigation Act, is amended by striking subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) When any person dies in any county in this state: (1) As a result of violence; (2) By suicide or casualty; (3) Suddenly when in apparent good health; (4) When unattended by a physician; (5) In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under; (6) After birth but before seven years of age if the death is unexpected or unexplained; (7) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; (8) When an inmate of a state hospital or a state, county, or city penal institution; or (9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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DISABLED VETERANSFREE LICENSE PLATES. Code Sections 40-2-69 and 40-5-36 Amended. No. 849 (Senate Bill No. 242). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to free license plates and revalidation decals for certain disabled veterans; to change the provisions relating to drivers' licenses for veterans; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled. A veteran who claims that such 100 percent total disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs. Section 2 . Said title is further amended by striking subsection (c) of Code Section 40-2-69, relating to free license

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plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future. (2) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which has not been determined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability through a letter from the United States Department of Veterans Affairs. Such free plates or free revalidation decals shall apply to any automobile, private passenger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future. (3) Two license plates or revalidation decals each year shall be furnished to veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle. Section 3 . Said title is further amended by striking subsection (d) of Code Section 40-5-36, relating to veterans' licenses, honorary licenses, and other distinctive licenses, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by paragraph (1) of subsection

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(c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or (2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is disabled to the extent that he or she cannot operate a motor vehicle. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. ALCOHOLIC BEVERAGESREGULATION OF SALE IN CERTAIN MUNICIPALITIES. Code Section 3-3-7 Amended. No. 850 (Senate Bill No. 314). AN ACT To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages, is amended in Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, by adding at the end thereof a new subsection (m) to read as follows:

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(m) In all municipalities or in any portion of any municipality in which the sale of alcoholic beverages is lawful, the governing authority of the municipality may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises. Said authorization may be revoked by such governmental authority in the same manner. (n) A municipality in which the sale of alcoholic beverages on Sunday is authorized by any other provision of law may by the adoption of an ordinance authorize the sale of alcoholic beverages in public stadiums, coliseums and auditoriums owned or controlled by it or by a public authority and having seating capacity in excess of 2,500 people on Sunday between the hours of 12:30 P.M. and midnight. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIALAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; OFFICERS AND EMPLOYEES MEMBERS OF SYSTEM. Code Section 47-2-321 Enacted. No. 851 (Senate Bill No. 377). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of

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certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Development Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-321. (a) As used in this Code section, the term: (1) `Lake Lanier Islands Development Authority' or `authority' means the Lake Lanier Islands Development Authority established by Part 3 of Article 7 of Chapter 3 of Title 12. (2) `Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (3) of Code Section 12-3-314. (3) `Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b) Effective July 1, 1994, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system.

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(c) (1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1994. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees no later than October 1, 1994, the employee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period together with regular interest thereon. The authority shall be authorized to pay from any funds available to the authority the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) An officer or employee shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to July 1, 1994, to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (2) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The officer or employee shall receive such creditable service as the combination of funds transferred or paid for or on behalf

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of the employee would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (2) of this subsection. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1994, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Lake Lanier Islands Development Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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HOMESTEAD EXEMPTIONSSENIOR CITIZENS; INCOME NOT EXCEEDING $30,000.00; REFERENDUM. Code Section 48-5-47.1 Enacted. No. 852 (Senate Bill No. 394). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide a homestead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding a new Code section immediately following Code Section 48-5-47, to be designated Code Section 48-5-47.1, to read as follows: 48-5-47.1. (a) For purposes of this Code section, the term: (1) `Ad valorem taxes' means all state ad valorem taxes and all county ad valorem taxes for county purposes levied by, for, or on behalf of a county, except for taxes to pay interest on and to retire bonded indebtedness.

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(2) `Base year' means the taxable year immediately preceding the taxable year in which the exemption under this Code section is granted. (3) `Homestead' as applied in this Code section shall mean the homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than 5 contiguous acres of land immediately surrounding such residence. (4) `Income' means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (5) `Senior citizen' means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Code section is made. (b) Each resident of a county who is a senior citizen is granted an exemption on that person's homestead from all ad valorem taxes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident, if that person's income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. (c) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless the person or person's agent files an application with the tax commissioner of the county giving the person's age and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead

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received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. (d) The commissioner shall provide application forms for the exemption granted by this Code section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this Code section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Code section shall not apply to or affect any municipal taxes or county school district taxes for educational purposes. The homestead exemption granted by this Code section shall be in lieu of and not in addition to any other homestead exemption applicable to county ad valorem taxes for county purposes. (g) The exemption granted by this Code section shall apply to all taxable years beginning on or after January 1, 1995. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 1994, state-wide general

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election. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in this state. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from state ad valorem taxes and county ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which such exemption is first granted to a resident for certain residents of each county who are 62 years of age or over and who have annual incomes not exceeding $30,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1995. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. Section 3 . Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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COMMUNITY SERVICE BOARDSSOCIAL WORKERS; EXEMPTION FROM LICENSING OF PROFESSIONAL COUNSELORS. Code Section 43-10A-7 Amended. No. 853 (Senate Bill No. 434). AN ACT To amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors certain persons who engaged in the practice of a specialty or engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities and practitioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) 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;

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(3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of 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, or 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 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, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or 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 pursuant to those contracts and shall only be exempt until January 1, 1996. (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

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contracts and shall only be exempt until January 1, 1996; (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; (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;

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(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 employees of the Division of Family and Children Services of the Department of Human Resources but only when engaged in such practice as an employee of that division; (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; (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 paragraphs (5) and (15) of Code Section 43-10A-3, 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; and (15) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational

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units or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction. (c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), (14), or (15) 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. COURTSJURORS; REQUIRED TO BE UNITED STATES CITIZENS. Code Section 15-12-40.1 Enacted. No. 854 (Senate Bill No. 438). AN ACT To amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to provide for additional qualifications of jurors; 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended by adding a new Code section immediately following Code Section 15-12-40, to be designated Code Section 15-12-40.1, to read as follows: 15-12-40.1. In addition to any other qualifications provided under this article, no person shall be qualified to serve as a juror under this article unless that person is a citizen of the United States. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994. SOCIAL SERVICESPAYMENTS FOR PROGRAMS FOR POTENTIAL FOSTER AND ADOPTIVE PARENTS. Code Sections 49-5-8 and 49-5-69.1 Amended. No. 855 (Senate Bill No. 442). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to authorize payments for certain preparatory programs for potential foster parents and adoptive parents; to provide for preliminary records check determinations in addition to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking paragraph (7) of subsection (a) of Code Section 49-5-8, relating to powers of the Department of Human Resources regarding programs for children, and inserting in its place the following: (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance after the 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;

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(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; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services;. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 49-5-69.1, relating to finger-print records checks for foster care homes, in its entirety and inserting in lieu thereof the following: (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 preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory finger-print 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 preliminary records check application and 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

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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. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. DEPOSITORIES FOR THE FUNDS OF COUNTIES AND BOARDS OF EDUCATIONDESIGNATION. Code Section 45-8-14 Amended. No. 856 (Senate Bill No. 537). AN ACT To amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, so as to change the provisions relating to the designation of depositories for the funds of counties and boards of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, is amended by striking Code Section 45-8-14, which reads as follows: 45-8-14. The county authorities shall designate one or more solvent banks, insured federal savings and loan associations,

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or insured state chartered building and loan associations as depositories of all county moneys, of moneys belonging to the school funds of the county and the school districts therein, and of other districts therein organized for any purpose. If the county authorities have not provided for such a depository, the county board of education, the trustees of any school district, or the proper authorities having supervision over any other public fund may designate such a depository for their funds; and if there is no applicable depository selected, the officer collecting or holding any public funds may select a depository., and inserting in lieu thereof a new Code Section 45-8-14 to read as follows: 45-8-14. The governing authority of each county shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building and loan associations as depositories of all county moneys. The board of education of each county school district and of each independent school district shall designate one or more solvent banks, insured federal savings and loan associations, or insured state chartered building and loan associations as depositories of all school district moneys. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLESLICENSE PLATES; STATE COMMANDERS OF NATIONALLY CHARTERED VETERANS' ORGANIZATIONS; DISABLED PERSONS' LICENSE PLATES; VETERANS' LICENSE PLATES. Code Title 40, Chapter 2, Article 3 Amended. No. 857 (Senate Bill No. 547). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates

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and special plates for certain persons and vehicles, so as to provide that special license plates may be issued to state commanders of nationally chartered veterans' organizations; to provide that presentation of a handicapped identification card shall constitute proof of disability or hearing impairment; to repeal the requirement that a certain minimum number of applications must be received before such license plates shall be issued; to change the fee for such license plates; to provide for the design of 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 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (a) of Code Section 40-2-67, relating to special license plates for commanders of certain veterans' organizations, and inserting in lieu thereof a new subsection (a) to read as follow: (a) The state commanders of nationally chartered veterans' organizations, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner. Section 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a handicapped identification card issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability. Section 3 . Said article is further amended by striking in its entirety subsection (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, `hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term `hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handicapped identification card issued pursuant Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment. Section 4 . Said article is further amended by striking in its entirety subsections (a) and (b) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Motor vehicle owners who are retired veterans of the armed forces of the United States or persons who served

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during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed above. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $60.00. 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. Section 5 . Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 2 and 3 of this Act shall become effective on July 1, 1994. Section 4 of this Act shall become effective on January 1, 1995. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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JUVENILE COURTSCOMMUNITY BASED RISK REDUCTION PROGRAMS; CONFIDENTIAL INFORMATION. Code Section 15-11-66 Enacted. No. 858 (Senate Bill No. 560). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for community based risk reduction programs and the establishment, requirements, and operation thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans; to provide for participation in such plans and programs; to provide for early intervention plans and programs; to provide for practices and procedures; to provide for notices and hearings; to provide for the establishment of protocol agreements; to provide for research projects and participation therein; to provide for the sharing of otherwise confidential information and records for limited purposes and prevent the disclosure thereof; to prohibit certain conduct; to provide for penalties; to provide for exceptions; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding at the end thereof a new Code Section 15-11-66 to read as follows: 15-11-66. (a) As used in this Code section, the term `program' means a community based risk reduction program established pursuant to this Code section. (b) Any court may by order establish within the geographical jurisdiction of the court a court approved community

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based risk reduction program for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, deprivation, or unruliness. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program. (c) In any jurisdiction within which a program has been established, when a child comes before the court for disposition in any case involving delinquency, deprivation, or unruliness, the court may order that an assessment be made of the child and the circumstances resulting in the child being before the court. The assessment would be developed by assembling existing information and individualized plans of the agencies involved in providing services to the child and his or her family. The court may further order that, if the assessment demonstrates a need therefor, a case plan may be developed by a panel representing community agencies as authorized by the court, which plan may be amended or revised from time to time by the court or by the panel taking into consideration requests for revision made by a parent, the parents, or a guardian. Upon request, the child or the parents, or both, may be present during any review of the child's case by the panel. Such case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist the child. The case plan shall be served on the child and the child's parent, parents, or guardian. Included with the case plan shall be a cover letter which contains the following information: (1) sources to explain to the recipient of the case plan the process, procedures, and penalties for not responding to the court order in the prescribed time period; and (2) the deadline for responding to the court order and stating objections to the case plan or any portion thereof, which shall be ten days from the date of service. If no objection is made or if the child, parent, parents, or guardian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court. If a child or a parent or guardian objects

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to the case plan, the court shall conduct a hearing, at which the court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-57, without the necessity of a show cause hearing, unless objection is made to the case plan. Code Section 15-11-57 should provide interventions reasonably necessary to effect the appropriate treatment plan for the protection and benefit of the child. (d) Notwithstanding any provision contained in this article, in this Code, or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a program established pursuant to this Code section may exchange, as necessary, information, medical records, school records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program. Such information shall be used by such individuals and agencies only for the purposes provided in this Code section and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential and the court may punish any violations of confidentiality as contempt of court. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41, Code Section 19-7-5, or this Code section to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized by Code Section 49-5-41, Code Section 19-7-5, or this Code section shall be guilty of a misdemeanor. Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a

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part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. This Code section shall not abridge the provisions of Code Section 37-3-166, 37-4-125, or 37-7-166 relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof. (e) (1) As part of a program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court through petitions alleging that a child is delinquent, deprived, or unruly. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The involvement of the judge of the court shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program. (2) As part of such an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any individual functioning within the jurisdiction of the court and with any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize those persons and agencies entering into them to exchange confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in subsection (d) of this Code section.

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(3) When any agency or entity participating in a protocol agreement under this subsection identifies a child who is at risk of becoming delinquent, deprived, or unruly, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parents, or both, may be present during any review of the child's case by the panel. The parents or guardian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parents and the child on the importance of following the plan and on the consequences if either the parents or the child is referred to the court. If an intervention plan is developed for a child and the parent or parents or guardian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to the department of family and children services as shall be provided in the protocol agreement. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITYPROJECT REDEFINED; GIFTS; CONVEYANCE OF REAL PROPERTY TO LOCAL GOVERNMENTS. Code Sections 10-9-3, 10-9-12, and 10-9-13 Amended. Code Section 10-9-16.2 Enacted. No. 859 (Senate Bill No. 569). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia

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World Congress Center Authority, so as to revise and expand the definition of the term project; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a project not required for continued use by the authority to public entities for public purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, is amended by striking in its entirety paragraph (3) of Code Section 10-9-3, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Project' means a comprehensive international trade and convention center consisting of a complex of facilities suitable for multipurpose use for housing trade shows, conventions, and cultural, political, musical, educational, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purposes, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theaters and amphitheaters; stadiums or coliseums and related athletic fields, courts or other surfaces, and clubhouses and gymnasiums; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of any facility, including any stadium or coliseum facility; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; museum facilities; facilities used for plazas, parks, pavilions, and

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pedestrian ways; related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. The project shall be located in the City of Atlanta and shall be known as the `Geo. L. Smith II Georgia World Congress Center,' except that any facility included within the project may be otherwise designated by the authority. As used in this chapter, the project described by the term `Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and referred to as the `Georgia World Congress Center' and the authority may be referred to as the `Georgia World Congress Center Authority.' Section 2 . Said chapter is further amended by striking in its entirety Code Section 10-9-12, relating to the acceptance of grants and contributions, and inserting in lieu thereof a new Code Section 10-9-12 to read as follows: 10-9-12. The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry, Trade, and Tourism, shall have authority to accept from any entity or agency of the United States, of this state, or of any county, municipality, political subdivision, or public authority and from any private individual or entity, grants, contributions, or gifts of either money or property, real or personal, tangible or intangible, or services or other things of value, in the furtherance of the purposes and powers of the authority. Incident to the acceptance of any such grant, contribution, or gift, the authority may accept and bind itself to express terms and conditions imposed incident to the grant, contribution, or gift governing the use and application of the money or property or the use of disposition of any property acquired therewith, provided that such term or condition is expressly accepted by the authority, is consistent with the purposes and powers of the authority under this chapter, and is not inconsistent with the Constitution or laws of this state. Any such term or condition may require the authority to hold any money or property in trust separate from other money or property of the authority and any such money or property so held shall not

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be subject to any claims against or liability of the authority not arising from the use or application of the money or property so held or the operation of the property so held or acquired therewith. Section 3 . Said chapter is further amended by striking in its entirety Code Section 10-9-13, relating moneys received by the authority considered trust funds, and inserting in lieu thereof a new Code Section 10-9-13 to read as follows: 10-9-13. All moneys received pursuant to the authority of this chapter, whether as grants, contributions, or gifts or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter, except that grants, contributions, or gifts, the terms or conditions of which require that the proceeds thereof be held separately in trust, shall be held in the manner and applied solely for the purposes specified. Section 4 . Said chapter is further amended by adding following Code Section 10-9-16.1, relating to the power of the authority to contract with certain entities, a new Code Section 10-9-16.2 to read as follows: 10-9-16.2. (a) This Code section does not apply to any real property: (1) Held by the authority for management under Code Section 10-9-5 or contract with the Department of Industry, Trade, and Tourism pursuant to such Code section; (2) Held by the authority as lessee under lease from the Department of Industry, Trade, and Tourism; (3) Acquired by the authority with the proceeds of revenue bonds issued under Article 3 of this chapter; or (4) Acquired with the proceeds of appropriations or bonds issued by the state assigned to the authority for management.

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(b) If the authority determines, in its sole discretion, that any real property held by it is no longer required for the purposes for which it was originally acquired or that the furtherance of the purposes of the authority would be served thereby, the authority may sell, lease, or otherwise convey, on such terms and conditions and with or without consideration as the authority determines appropriate, such real property to any county or municipality in which such property is located or to an authority created by such county or municipality, for the authorized public purposes of such entity, including, by way of illustration and not limitation, the public purposes set forth in Chapter 42, 44, 61, or 64 of Title 36, relating to local government. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. LOTTERYSHORTFALL RESERVE SUBACCOUNT TO BE MAINTAINED WITHIN LOTTERY FOR EDUCATION ACCOUNT. Code Section 50-27-13 Amended. No. 860 (Senate Bill No. 452). AN ACT To amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, is amended by inserting at the end of paragraph (2) of subsection (b) the following: (3) A shortfall reserve subaccount shall be maintained within the Lottery for Education Account. The amount of the shortfall reserve subaccount shall be equal to 10 percent of the total amount of lottery proceeds deposited into the Lottery for Education Account for the preceding fiscal year. If the net proceeds deposited into the Lottery for Education Account in any year, exclusive of the amount in the shortfall reserve subaccount, are not sufficient to meet the amount appropriated for education purposes pursuant to subsection (c) of this Code section, the shortfall reserve subaccount may be drawn upon to meet the deficiency. In the event the shortfall reserve subaccount is drawn upon, the subaccount shall be brought back to the appropriate level with the first available funds duly deposited into the Lottery for Education Account. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. EDUCATIONPUBLIC SCHOOL EMPLOYEES; HEALTH INSURANCE PREMIUMS. Code Section 20-2-915.1 Amended. No. 861 (Senate Bill No. 454). AN ACT To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to

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health insurance plans for public school employees, so as to provide for the payment of premiums in monthly installments; to provide for an effective date; 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 . Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, is amended by striking Code Section 20-2-915.1 relating to health insurance retirement benefits for twenty-year employees, in its entirety and inserting instead a new Code Section 20-2-915.1 to read as follows: 20-2-915.1 (a) Notwithstanding any other provisions of this subpart to the contrary, the board shall offer continuous coverage to any public school employee with 20 or more years of creditable service who is not eligible to receive retirement benefits because of age. The public school employee shall pay both the employer and employee premiums for such insurance coverage. (b) Notwithstanding any other provisions of this subpart to the contrary, any public employee eligible to elect continuous coverage pursuant to subsection (a) of this Code section shall pay the employer and employee premiums for such coverage in monthly installments. The amount of the monthly premiums shall be equal to the rate of employer and employee contributions in effect during the existence of the coverage. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994.

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REVENUECONSERVATION USE COVENANTS; TRANSFERS; LIMITED-DURATION COVENANTS; PROPERTY TAX AMNESTY PROGRAM; WAIVER OF PROPERTY TAX PENALTIES AND PROSECUTION; PUBLICIZING; COLLECTION FEES; AMNESTY ACCOUNT. Code Section 48-5-7.4 Amended. Code Sections 48-16A-1 through 48-16A-10 Enacted. No. 862 (Senate Bill No. 506). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain transfers of property which shall not constitute a breach of a conservation use covenant; to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for a property tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide for waiver of property tax penalties and criminal prosecution; to provide for the publicizing of the property tax amnesty program; to impose collection fees; to establish an amnesty account; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking or at the end of paragraph (2); by striking the period at the end of paragraph (3) and inserting in its place ; or; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:

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(4) (A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant. Section 2 . Said title is further amended by adding a new subsection at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, to be designated subsection (v), to read as follows: (v) The commissioner shall continue to compute a table of values established under subsection (a) of Code Section 48-5-269, in accordance with the law applicable to the tax year beginning on January 1, 1992, to be used to value property entered into a covenant during that tax year and the covenants valued thereunder for the remainder of the covenant period applicable to such persons shall be known as `92-Style' conservation use covenants. Such duty shall terminate with the tax year beginning January 1, 2001. With respect to any county for which the `A2' benchmark value for agricultural land in the table of values established by the commissioner for the tax year beginning on January 1, 1993, exceeds by 50 percent or more the `C2' benchmark value for cropland in the table of values established by the commissioner for the tax year beginning on January 1, 1992, a person within such county desiring to enter into a conservation use covenant for any taxable year

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beginning on or after January 1, 1994, shall be authorized, at such person's option, to enter a 92-Style conservation use covenant. A person entering such covenant shall be governed by the prior law applicable to such covenants and the applicable table of values and such covenant shall expire on December 31, 2001. Section 3 . Said title is further amended by adding a new chapter immediately following Chapter 16, to be designated Chapter 16A, to read as follows: CHAPTER 16A 48-16A-1. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreturned, unreturned, or unpaid state and local ad valorem tax liabilities. The General Assembly further finds and declares that the benefits gained through this program include, among other things, increased collection of certain currently owed state and local ad valorem taxes, permanently bringing into the state and local tax system taxpayers who have been evading payment of local taxes and providing an opportunity for taxpayers to satisfy state and local ad valorem tax obligations before stepped-up local tax enforcement programs take effect. It is the intention of the General Assembly in enacting this chapter that the property tax amnesty program provided under this chapter be a one-time occurrence which shall not be repeated in the future because taxpayers' expectations of any future property tax amnesty programs could have a counterproductive effect on compliance under this chapter. 48-16A-2. This chapter shall be known and may be cited as the `Property Tax Amnesty Program Act.' 48-16A-3. As used in this chapter, the term: (1) `Ad valorem tax' or `property tax' means any state or local ad valorem tax levied by any taxing jurisdiction.

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(2) `Administering governing authority' means the county governing authority in the case of state, county, and school ad valorem tax or the municipal governing authority in the case of municipal or independent school system ad valorem tax. (3) `Delinquent taxes' means an amount of ad valorem property tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger maintained in the office of the local collection official, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or assessment, which a taxpayer knows is being conducted by any state or local assessing authority. (4) `Final, due, and owing' means an assessment and ad valorem tax amount which has become final and is owed to the taxing jurisdiction due to either the expiration of the taxpayer's appeal rights or the rendition of a final determination of assessed value based upon an appeal. (5) `Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction. (6) `Local collection official' means that local official responsible for the collection of ad valorem taxes. (7) `Taxing jurisdiction' means the state or any district within which a county or municipality, a county, independent, or area school system, or a consolidated city-county government or other political subdivision of the state exercises the power to levy or causes to be levied any ad valorem taxes to carry out its purposes. (8) `Taxpayer' means any individual, partnership, joint venture, association, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any ad valorem tax.

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48-16A-4. (a) Upon the adoption of a resolution or ordinance by the governing authority of each local taxing jurisdiction for which a local collection official collects delinquent taxes indicating that governing authority's desire to participate in the Property Tax Amnesty Program, the administering governing authority shall be authorized to develop and administer a one-time property tax amnesty program as provided in this chapter. The county governing authority shall be authorized to include the state's delinquent tax in the Property Tax Amnesty Program. Such administering governing authority shall be authorized to waive, in whole or in part, all penalties or interest or both with respect to outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1993. The terms and conditions of such waiver shall be specified in the resolution or ordinance adopted by such administering governing authority and may include a delegation of authority to the local collecting official of the authority to make such waiver, in whole or in part, on a case-by-case basis. The administering governing authority shall provide for the necessary forms for the filing of property tax amnesty applications and returns. (b) The local collection official shall, upon the voluntary filing of a return to the official responsible for the receiving of property tax returns and the remission of ad valorem taxes owed by any taxpayer, if required, waive all penalties and interest that are assessed or subject to being assessed for outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1993. Such waiver shall be in accordance with the terms of the resolution or ordinance of the administering governing authority. (c) Any property tax amnesty program conducted under the authority of this chapter shall begin by October 31, 1994, and shall be completed no later than December 31, 1994, and shall apply to all taxpayers owing ad valorem taxes, penalties, or interest. The program shall apply to outstanding ad valorem tax liabilities for all tax years ending on or before December 31, 1993. Property tax amnesty tax

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return forms shall be in a form prescribed by the administering governing authority. 48-16A-5. (a) The provisions of this chapter shall apply to any eligible taxpayer who files an application for property tax amnesty within the time prescribed by the administering governing authority and does the following: (1) Files such returns as may be required by the local official responsible for receiving returns for all tax years as stated on the application for which returns have not previously been filed and files such returns as may be required by the local official responsible for receiving returns for all tax years for which returns were filed but on which the value of the taxpayer's property was understated; (2) Pays in full the ad valorem taxes and, if required, pays in full the interest due, for the periods applied for at the time of the application and pays the amount of any additional ad valorem tax and, if required, interest owed, as may be determined from any additional returns by the local collection official within 30 days of notification by such local collection official; and (3) The administering governing authority may by local resolution or ordinance impose the further condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the property tax amnesty period all ad valorem taxes and, if required, penalties and interest previously levied and assessed that are final, due, and owing at the time the application or property tax amnesty tax returns are filed. (b) An eligible taxpayer may participate in the property tax amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is based upon a proposed assessment or an assessment and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible

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taxpayer may participate in the property tax amnesty program to the extent of the uncontested portion of any assessed ad valorem tax liability. However, participation in the program shall be conditioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or property tax amnesty return. (c) The local collection official may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the application or property tax amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expiration of the property tax amnesty period. Failure of the taxpayer to make timely payments shall void the terms of the property tax amnesty program. All such agreements and payments shall, if required, include interest due and accruing during the installment agreement. (d) If, following the termination of the property tax amnesty period, additional taxes are determined to be due from the taxpayer based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the local collection official shall have the authority to impose penalties only with respect to the difference between the amount shown on the property tax amnesty tax return and the correct amount of tax due. The imposition of penalties shall not invalidate any waiver granted under Code Section 48-16A-6. 48-16A-6. (a) Property tax amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16A-5 in accordance with the following: (1) For ad valorem taxes which are owed as a result of the nonreturning or underreturning of any ad valorem tax liabilities or the nonpayment of any delinquent ad valorem taxes owed by an eligible taxpayer, the local collection

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official shall waive criminal prosecution and all civil penalties which may be assessed under any provision of law for the taxable years or periods for which property tax amnesty is requested; and (2) With the exception of instances in which the taxpayer and local collection official enter into an installment payment agreement authorized under subsection (c) of Code Section 48-16A-5, the failure to pay all taxes and, if required, interest as shown on the taxpayer's property tax amnesty tax return shall invalidate any property tax amnesty granted pursuant to this chapter. (b) This chapter shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof, nor shall this chapter apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state for nonpayment, delinquency, evasion, or fraud in relation to any of the ad valorem taxes to which this property tax amnesty program is applicable. (c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16A-5. (d) Unless the local collection official in the discretion of such local collection official redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the property tax amnesty program. 48-16A-7. (a) All installment agreements authorized under subsection (c) of Code Section 48-16A-5 shall, if required, bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40. (b) Notwithstanding any other provisions of this title, if any overpayment of ad valorem tax under this chapter is

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refunded or credited within 180 days after the return is filed, no interest shall be allowed. 48-16A-8. The administering governing authority shall publicize the property tax amnesty program in order to maximize the public awareness of and participation in the program. The administering governing authority may, for the purpose of publicizing the property tax amnesty program, contract with any advertising agency within or outside this state. 48-16A-9. For purposes of accounting for the revenues received pursuant to this chapter, the local collection official shall maintain an accounting and reporting of funds collected under the property tax amnesty program. 48-16A-10. (a) In addition to all other penalties provided under this chapter or any other law, the administering governing authority may by ordinance or resolution impose after the expiration of the property tax amnesty period a cost of collection fee of 50 percent of any deficiency levied after the property tax amnesty period for taxable periods ending on or before December 31, 1993, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The local collection official shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of local ordinances or resolutions, or fraud. (b) The provisions of subsection (a) of this Code section shall not apply to any account which is under appeal as of the expiration of the property tax amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the local collection official prior to or during the property tax amnesty period. (c) The fee levied under subsection (a) of this Code section shall not apply to taxes paid pursuant to the terms of the property tax amnesty program.

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Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. COUNTY BOARDS OF HEALTHCONTRACTS WITH COMMUNITY SERVICE BOARDS; REGIONAL BOARDS; MEMBERSHIP. Code Title 31, Chapter 3 Amended. No. 863 (Senate Bill No. 511). AN ACT To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to change the provisions relating to the conditions under which such boards serve as community service boards and to provide that such boards of health will be and be able to contract with those community service boards under certain circumstances; to amend Title 31 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for limitations upon when persons who serve on regional boards may be appointed to community service boards and when persons on community service boards may be appointed to regional boards; to authorize the allocation of certain funds through regional boards; to provide for additional qualifications for persons serving on community service boards; to specify a minimum membership for certain regional boards and community service boards; to provide for the staff of community service boards and for the delegation to and exercise of certain powers and functions by the program director and staff; to provide that certain employees will become employees of community service boards and provide for rights, duties, and benefits of those employees; to change the provisions relating to the employment and benefit status of certain state

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employees; to provide for immunity from liability; to change the date for a final report by and abolition of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; to change the provisions regarding definitions relating to the state merit system; to repeal Chapter 8 of Title 37 of the Official Code of Georgia Annotated, providing a continuum of treatment rather than criminal prosecution for certain alcoholic persons; to change certain provisions of law providing for the automatic repeal of certain provisions of an Act approved April 27, 1993 (Ga. L. 1993, p. 1445); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking Code Section 31-3-12.1, relating to board of health contracts with regional boards and community service boards, and inserting in its place the following: 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 which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by

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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 or such supervisor of the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the appropriate regional board, as defined in Chapter 2 of Title 37, prior to adoption. Section 2 . Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by striking subsection (b.2) of Code Section 37-2-5, relating to membership of regional boards, and inserting in its place the following: (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 community service board. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional

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board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board., and by adding at the end of that Code section the following: (h) Each regional board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section. Section 3 . Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-5.1, relating to personnel of regional boards, and inserting in its place the following: (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 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; provided, however, that nothing shall prohibit the allocation of funds through any regional board prior to July 1, 1995. 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,

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geographic distances, and other factors affecting the cost and level of service needs within each region. Section 4 . Said chapter is furhter amended by adding after subsection (b) of Code Section 37-2-6, relating to membership of community service boards, a new subsection (b.1) to read as follows: (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 community service board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board., and by adding at the end of that Code section the following: (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 37-2-6.1, relating to staff of community service boards, and inserting in its place the following: (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. The program director of the community service board may appoint such other staff and personnel as that program director and board deem necessary and appropriate. The community service board may delegate any

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power, authority, duty, or function to its program director or other staff. The program director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. Section 6 . Said chapter is further amended by striking Code Section 37-2-6.2, relating to employment and benefit status of certain personnel, and inserting in its place the following: 37-2-6.2. (a) (1) 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 a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in

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service, by the division, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in services, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards. (b) As to those persons employed by the division, a hospital thereof, or a regional board of June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by: (1) The department; (2) A regional service board; (3) A community service board; (4) A hospital; or (5) Any private provider of disability services

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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. Section 7 . Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 37-2-11.1, relating to actions against regional boards and community service boards, and inserting in its place the following: (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. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. Section 8 . Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place the following: (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 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

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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, December 1, 1994, and December 1, 1996. The commission shall stand abolished on December 31, 1996. Section 9 . Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state merit system, is amended by striking paragraph (7) thereof and inserting in its place the following: (7) `Department' and `agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations. `Department' and `agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees. Section 10 . Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to providing a continuum of treatment, rather than criminal prosecution, for alcoholic persons, is repealed in its entirety. Section 11 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding immediately following Chapter 7 thereof the following: CHAPTER 8 RESERVED Section 12 . An Act approved April 27, 1993 (Ga. L. 1993, p. 1445), reorganizing the delivery of certain mental

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health and other services, is amended by striking Section 19.1 thereof and inserting in its place the following: Section 19.1. Except for Sections 11, 12, 13, 14, and 15 of this Act, this Act shall stand repealed on June 30, 1999. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. TATTOOSMINIMUM AGE FOR OBTAINING; REGULATION OF INDUSTRY. Code Section 16-5-71 Amended. Code Title 31, Chapter 40 Enacted. No. 864 (Senate Bill No. 517). AN ACT To amend Code Section 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide for inspection and permitting of tattoo studios; to provide for issuance, suspension, and revocation of permits; to provide for notice and a hearing; to provide for issuance of rules and regulations; to provide for regulation by local governments; to provide for enforcement; to prohibit certain behavior; to provide for penalties; to authorize more stringent local regulation; 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 16-5-71 of the Official Code of Georgia Annotated, relating to tattooing, is amended by striking

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said Code section in its entirety and inserting in lieu thereof the following: 16-5-71. (a) It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. Section 2 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows: CHAPTER 40 31-40-1. As used in this chapter, the term: (1) `Tattoo' means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin. (2) `Tattoo artist' means any person who performs tattooing, except that the term tattoo artist shall not include in its meaning any physician or osteopath licensed under Chapter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant to subsection (a) of Code Section 16-5-71. (3) `Tattoo studio' means any facility or building on a fixed foundation wherein a tattoo artist performs tattooing. 31-40-2. It shall be unlawful for any person to operate a tattoo studio without having first obtained a valid permit

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for such studio. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Human Resources but, where the county board of health is not functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location. 31-40-3. The county boards of health may suspend or revoke permits where the health and safety of the public requires such action. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied. 31-40-4. Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew any permit provided under this chapter may secure review thereof by appeal to the department as provided in Article 1 of Chapter 5 of this title. 31-40-5. (a) The Department of Human Resources and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the protection of the public health. Such rules and regulations shall prescribe reasonable standards for health and safety of tattoo studios with regard to: (1) Location and cleanliness of facilities; (2) Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all personnel;

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(3) Informed consent by the person receiving a tattoo; (4) Procedures for ensuring adequate explanation to consumers of the proper subsequent care of a tattoo; and (5) Proper use and maintenance of tattoo equipment, including dyes and pigments. (b) County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by the department. 31-40-6. The Department of Human Resources and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tattoo studio at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title. 31-40-7. Any person, firm, or corporation operating a tattoo studio without a valid permit or performing tattooing outside of a license tattoo studio shall be guilty of a misdemeanor. 31-40-8. The Department of Human Resources is authorized and directed to develop and institute a program of public education for the purpose of alerting the public to the possible side effects and exposure risks of tattooing. 31-40-9. Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing tattooing. 31-40-10. Nothing in this Act shall be construed to repeal the provisions of Code Section 16-12-5.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PROFESSIONAL COUNSELORSLICENSING REQUIREMENTS. Code Title 43, Chapter 10A Amended. No. 865 (Senate Bill No. 642). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, so as to change the provisions relating to definitions; to change certain exemptions from licensing; to change the licensing requirements for professional counseling; 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 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, is amended by adding between paragraphs (3) and (4) of Code Section 43-10A-3, relating to definitions, the following paragraph: (3.1) `Commission on Rehabilitation Counselor Certification' means the national certifying agency for rehabilitation counselors as recognized by the National Commission for Certifying Agencies. Section 2 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 43-10A-7, relating to

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licensing requirements for professional counselors, and inserting in their place new subsections (b) and (c) to read as follows: (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 enployee in the practice of 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 speciality 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 pursuant to those contracts and shall only be exempt until January 1, 1996. (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

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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; (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; (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;

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(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 Division of Family and Children Services of the Department of Human Resources but only when engaged in such practice as an employee of that division; (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; (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 paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as

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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; and (15) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; such persons shall be exempt until January 1, 2000. (c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), (14), or (15) 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. Section 3 . Said chapter is further amended by adding between paragraphs (2) and (3) of subsection (a) of Code Section 43-10A-11, relating to licensing requirements for professional counselors, a new paragraph to read as follows: (2.1) (A) A master's degree in rehabilitation counseling or in a program that is primarily counseling in content from a recognized educational institution; (B) An internship or practicum supervised either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation

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Counselor certified as such by the Commission on Rehabilitation Counselor Certification; (C) The Certified Rehabilitation Counselor designation from the Commission on Rehabilitation Counselor Certification; and (D) Three years of post-master's directed experience providing rehabilitation services in a rehabilitation setting under supervision provided either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification. Up to one year of such experience may have been in an approved practicum or internship placement as part of the degree program; or. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA FAMILY CAREGIVER SUPPORT ACTENACTED. Code Title 49, Chapter 6, Article 6 Enacted. No. 866 (Senate Bill No. 648). AN ACT To amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to enact the Georgia Family Caregiver Support Act; to provide for a short title, intent, and definitions; to provide for eligibility for benefits under the Act for caregivers of chronically dependent adults and for contracts, services, and reimbursements; to provide for rules and procedures; to prevent the creation of entitlements; to prohibit the displacement of benefits, entitlements,

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and resources; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding at the end a new article to read as follows: ARTICLE 6 49-6-70. This article shall be known and may be cited as the `Georgia Family Caregiver Support Act.' 49-6-71. The purpose of this article shall be to establish a comprehensive caregiver program which will marshal and integrate available resources and services to provide support and services to caregivers of chronically dependent adults. This article exists to coordinate assistance and maximize available services while maintaining and supporting existing services for caregivers. Such assistance may include: (1) Coordination and integration of information and services to caregivers in Georgia, including, but not limited to, insurance and benefits counseling, respite services available under the community care services program, the state respite or adult day-care program, or the Older Americans Act of 1965, as amended, and coordination with educational and other services offered by the caregiver resource center; (2) Assistance to the caregiver to assure that supports to the functionally dependent older adult or adult suffering from dementia are adequate and appropriate to maintain these individuals in the home; (3) Intermittent, planned, or emergency relief to the caregiver, either directly or through use of other available resources and services;

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(4) Restoration or maintenance of the caregiver's well-being; (5) Preservation of the caregiver's informal supports such as family and friends; (6) Supportive social services to the caregiver; and (7) Affordable services through a cost-sharing mechanism developed by the Division of Aging Services of the department for those families whose household incomes do not exceed 400 percent of the federal poverty level. 49-6-72. As used in this article, the term: (1) `Adult' means a person 18 years or older residing within the State of Georgia who is a functionally dependent older adult or who is suffering from dementia, such as Alzheimer's disease. (2) `Area agency on aging' means the single local agency designated by the Division of Aging Services of the department within each planning and service area to administer the delivery of a comprehensive and coordinated plan of social and other services and activities in the planning and service area. (3) `Dementia' means: (A) an irreversible global loss of cognitive function causing evident intellectual impairment which always includes memory loss, without alteration of state of consciousness, as diagnosed by a physician, and is severe enough to interfere with work or social activities, or both, and to require continuous care or supervision; or (B) the comatose state of an adult resulting from any head injury. (4) `Department' means the Department of Human Resources. (5) `Functionally dependent older adult' means a person 60 years of age or older residing within the State

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of Georgia who, beacuse of his or her inability to perform tasks required for daily living, as defined by the department and as may be assessed through an area agency on aging or community care assessment team, needs continuous care and supervision. (6) `Home modification' means reasonable modifications to the structure of a home for the purpose of reducting the caregiving burden of the caregiver, as approved by the department, but does not include repairs and payment for such repairs. (7) `Household income' means the income of all members of a household with the exception of a minor or dependent student. (8) `Income' means all income, from whatever source derived, including, but not limited to, wages, salaries, social security or railroad retirement income, public assistance income, realized capital gains, and worker's compensation. The department shall determine income amounts and inclusions for the purposes of this article through regulation. (9) `Primary caregiver' means the one identified relative or other person in a relationship of responsibility, such as an agent under a valid durable power of attorney for health care, who has assumed the primary responsibility for the provision of care needed to maintain the physical or mental health of a functionally dependent older adult or other adult suffering from dementia, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. A substantiated case of abuse, neglect, or exploitation, as defined in Chapter 5 of Title 30, the `Disabled Adults Protection Act,' or pursuant to any other civil or criminal statute regarding an older adult, shall prohibit a primary caregiver from receiving benefits under this article unless authorized by the department to prevent further abuse.

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(10) `Relative' means a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, great aunt, great uncle, niece, or nephew by blood, marriage, or adoption. (11) `Respite care service' means a regular, intermitent, or emergency service which provides the primary caregiver of a functionally dependent older adult or other adult suffering from dementia with relief from normal caregiving duties and responsibilities. 49-6-73. (a) The persons to be served under this article are primary caregivers who provide continuous care to a functionally dependent older adult or other adult suffering from dementia, such as Alzheimer's disease. (b) The department shall develop operating procedures and guidelines and shall contract with or through area agencies on aging to provide benefits set forth in this article. The department may also contract with other support centers or service providers directly, where such service is provided on a state-wide basis or where necessary or appropriate. The department shall have the authority to develop criteria through regulation relating to eligibility for primary caregivers to receive assistance pursuant to this article. (c) The department shall identify supportive services which are directly related to the provision of care to a functionally dependent older adult or other adult suffering from dementia. Supportive services include, but are not limited to: (1) Benefits counseling and caregiver counseling, education, and training; (2) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation of the department for expenses incurred in obtaining day or night respite care services, transportation to respite care service locations, or other supportive services defined by

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regulation, and consumable supplies such as incontinence pads; and (3) Reimbursement to primary caregivers whose households financially qualify for assistance pursuant to Code Section 49-6-74 and as developed by regulation for expenses incurred in obtaining home modifications or assistive devices, as approved by the department, such as grab bars, safety devices, and wheelchair ramps, which help the functionally dependent older adult or adult suffering from dementia carry out tasks required for daily living. 49-6-74. (a) The department, through contracts with or through area agencies on aging and other appropriate entities, shall provide the services described in paragraph (1) of subsection (c) of Code Section 49-6-73 and shall reimburse qualified primary caregivers for purchase of approved services, equipment, and supplies described in paragraphs (2) and (3) of subsection (c) of Code Section 49-6-73. (b) (1) The maximum amount available to a qualified primary caregiver whose household income is under 200 percent of the federal poverty level shall be established by regulation. The department shall be responsible for developing allowable cost ranges for services and supplies under paragraphs (1) and (2) of subsection (c) of Code Section 49-6-73, including the development of maximum amounts available per month to a caregiver, where necessary. (2) The maximum amount available to a qualified caregiver whose household income is under 200 percent of federal poverty level shall be established by regulation but shall not exceed $2,000.00 for the entire duration of the case for expenses incurred for home modifications or assistive devices as described in paragraph (3) of subsection (c) of Code Section 49-6-73. (3) A sliding benefits scale shall be established by the department by regulation to ensure that caregivers who qualify under this article and whose household

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income exceeds 200 percent of the federal poverty level shall pay some portions of the out-of-pocket expenses for services, equipment, and supplies described in subsection (c) of Code Section 49-6-73. In no event will persons whose household income exceeds 400 percent of the federal poverty level be considered eligible for state funded services, equipment, or supplies under this article but such persons may purchase such services through this program by paying the entire cost of such services. 49-6-74. Nothing in this article creates or provides any individual with an entitlement to services, equipment, and supplies or benefits which will be made available only to the extent of the availability and level of appropriations made by the General Assembly. 49-6-76. Funding authorized under this article shall not be used to displace benefits, entitlements, or resources available under other programs. 49-6-77. The department shall adopt rules and regulations necessary to implement the provisions of this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. HEALTHOPERATION OF UNLICENSED PERSONAL CARE HOME; PENALTIES; PERSONAL CARE HOME RESIDENTS; REMEDIES. Code Title 31 Amended. Code Title 31, Chapter 8, Article 5A Enacted. No. 867 (Senate Bill No. 651). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a definition of

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an unlicensed personal care home; to provide for a civil penalty for operating an unlicensed personal care home; to provide for procedures, exceptions, hearings, and appeals connected therewith; to provide for calculation of civil penalties and doubling in certain circumstances; to provide for remedies for residents of personal care homes; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for rights of residents of personal care homes; to provide for grievance procedures for violations of such rights; to provide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights; to prevent certain resident transfers; to provide for a private cause of action for violation of such rights or for retaliatory actions and the conditions, procedures, and remedies relating thereto; to provide for criminal and civil penalties; to provide for injunctive relief; to prohibit certain defenses; to provide for mandamus actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new Code section to be designated Code Section 31-7-12.1 to read as follows: 31-7-12.1. (a) A facility shall be deemed to be an `unlicensed personal care home' if it is unlicensed and not exempt from licensure and: (1) The facility is providing personal services and is operating as a personal care home as those terms are defined in Code Section 31-7-12; (2) The facility is held out as or represented as providing personal services and operating as a personal care home as those terms are defined in Code Section 31-7-12; or (3) The facility represents itself as a licensed personal care home. (b) Personal care homes in existence on the effective date of this Code section which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if: (1) The operator of an unlicensed personal care home refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home. (e) The operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the

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(b) Personal care homes in existence on the effective date of this Code section which obtain licenses from the department no later than October 1, 1994, shall not be subject to the penalties set out in this Code section. (c) Except as provided in subsection (b) of this Code section, any unlicensed personal care home shall be assessed by the department, after opportunity for hearing in accordance with the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' a civil penalty in the amount of $100.00 per bed per day for each day of violation of subsection (b) of Code Section 31-7-12. The department shall send a notice by certified mail stating that licensure is required and including a period for obtaining licensure with an expiration date. Such notice shall be deemed to be constructively received on the date of the first attempt to deliver such notice by the United States Postal Service. For unlicensed personal care homes which were not in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice. For unlicensed personal care homes which were in existence on the effective date of this Code section, the civil penalty provided by this subsection shall be calculated as beginning on the expiration date of the notice or on October 1, 1994, whichever is later. The department shall take no action to collect such civil penalty until after opportunity for a hearing. (d) The civil penalty authorized by subsection (c) of this Code section shall be doubled if: (1) The operator of an unlicensed personal care home refuses to seek licensure; or (2) The operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed personal care home. (e) The operator of a personal care home who is assessed a civil penalty in accordance with this Code section may have review of such civil penalty by appeal to the superior court in the county in which the action arose or to the

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Superior Court of Fulton County in accordance with the provisions of Code Section 31-5-3. Section 2 . Said title is further amended by inserting in Chapter 8, relating to care and protection of elderly and indigent patients, a new article to be designated Article 5A to read as follows: ARTICLE 5A 31-8-130. This article shall be known and may be cited as the `Remedies for Residents of Personal Care Homes Act.' 31-8-131. The General Assembly finds that persons residing within personal care homes are often isolated from the community and often lack the means to assert fully their rights as individual citizens. The General Assembly also recognizes that in order for the rights of residents of personal care homes to be fully protected, residents must be afforded a means of recourse when such rights have been denied. It is therefore the intent of the General Assembly to preserve the dignity and personal integrity of residents of personal care homes by providing access to a legal process to hear and redress the grievances of such residents regarding their individual rights. 31-8-132. As used in this article, the term: (1) `Administrator' means the manager designated by the governing body of a personal care home as responsible for the day-to-day management, administration, and supervision of the personal care home, who may also serve as on-site manager and responsible staff person except during periods of his or her own absence. (2) `Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 31-8-52. (3) `Governing body' means the board of trustees, the partnership, the corporation, the association, or the person or group of persons who maintain and control a

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personal care home and who are legally responsible for the operation of the home. (4) `Legal surrogate' means a duly appointed person who is authorized to act, within the scope of the authority granted under the legal surrogate's appointment, on behalf of a resident who is adjudicated or certified incapacitated. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the legal surrogate for a resident. (5) `Personal care home' or `home' means a facility as defined in Code Section 31-7-12. (6) `Representative' means a person who voluntarily, with the resident's written authorization, may act upon the resident's direction with regard to matters concerning the health and welfare of the resident, including being able to access personal records contained in the resident's file and receive information and notices pertaining to the resident's overall care and condition. No member of the governing body, administration, or staff of a personal care home or any affiliated personal care home or their family members may serve as the representative for a resident. (7) `Resident' means a person who resides in a personal care home. (8) `State ombudsman' means the state ombudsman established under Code Section 31-8-52. 31-8-133. Residents' rights shall include all rights enumerated in the Rules of the Department of Human Resources Chapter 290-5-35, including, but not limited to, procedural protections relating to admission, transfer, or discharge of residents. 31-8-134. (a) Any resident, or the representative or legal surrogate of the resident, if any, who believes his or her rights under this article have been violated by a personal

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care home or its governing body, administrator, or employee shall be permitted to file a grievance under this Code section. (b) In order to file the grievance provided for in subsection (a) of this Code section, the resident, or representative or legal surrogate of the resident, if any, may submit an oral or written grievance to the administrator or the administrator's designee. The administrator or designee, within five business days, shall either resolve the grievance to the grievant's satisfaction or respond in writing to the grievance, including in the response a description of the review and appeal rights set forth in this article. (c) If the person filing the grievance is not satisfied by the action or failure to act of the administrator or designee, the grievant may submit an oral or written complaint to the state or community ombudsman. 31-8-135. (a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a hearing from the department pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) No person shall be prohibited from requesting a hearing pursuant to subsection (a) of this Code section for failure to exhaust any rights to other relief granted under this article. (c) (1) Except as provided in paragraph (2) of this subsection, the hearing provided for in subsection (a) of this Code section shall be conducted within 45 days of the receipt by the department of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department may refer the request for a hearing to the state or community ombudsman for informal resolution pending the hearing. Such referral shall not extend the 45 day

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period in which the department shall conduct such hearing. (2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal care home or its governing body, administrator, or employee is in retaliation for the exercise by that resident or his or her representative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be conducted within 15 days of the receipt of the department of the request for a hearing. For such hearing, all pending requests for hearing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated. (d) No transfer of a resident shall take place until all appeal rights are exhausted, unless: (1) An immediate transfer is necessary because the resident develops a physical or mental condition requiring continuous medical or nursing care; or (2) The resident's continuing behavior or condition directly and substantially threatens the health, safety, and welfare of the resident or any other resident. (e) The department shall hold any hearing provided for in subsection (a) of this Code section at the personal care home upon the resident's request or as necessary due to the resident's physical condition. Where two or more residents of a personal care home allege a common complaint, the department may at the residents' request schedule a single hearing. (f) If the department finds no violations of this article, the resident and personal care home will be so informed. If a violation has occurred:

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(1) The hearing officer shall so notify the staff within the department responsible for the licensure of personal care homes; (2) The department shall order the personal care home to correct such violation; and (3) Upon failure of the personal care home to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-2-6. 31-8-136. (a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive damages against a personal care home or its governing body, administrator, or employee for any violation of the rights of a resident granted under this article. Upon referal and request by the department, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resident shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages. (b) No person shall be prohibited from maintaining an action pursuant to this Code section for failure to exhaust any rights to administrative or other relief granted under this article. (c) The right of a resident to bring an action pursuant to this Code section is in addition to any and all other rights, remedies, or causes of action the resident may have by statute or at common law. (d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its governing body, administrator, or employee that adversely affects the resident's rights, privileges, or living arrangement in retaliation for that resident or his or her representative or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral

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and request by the department, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this article, or makes an oral or written grievance against the personal care home or its governing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee. (e) Code Section 31-5-8 shall apply fully to any willful violation of this article. 31-8-137. A resident, the representative or legal surrogate of the resident, if any, or the Attorney General may bring an action in a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or permanent injunction to enjoin a personal care home from violating the rights of a resident. 31-8-138. The failure of the governing body to obtain or maintain a valid license to operate a personal care home shall not constitute a defense to any action brought pursuant to this article where the facility at issue is subject to licensure as a personal care home. 31-8-139. A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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LOTTERYPROGRAMS STARTED FROM LOTTERY PROCEEDS; CONTINUED FROM GENERAL FUND ONLY WHEN ELIGIBILITY REQUIREMENTS ESTABLISHED BY GENERAL LAW AND SPECIFIC FUNDS APPROPRIATED. Code Section 50-27-13 Amended. No. 868 (Senate Bill No. 710). AN ACT To amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, so as to provide that no program or project started with lottery proceeds shall be continued with funds from the general fund; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of lottery proceeds, is amended by striking in its entirety subsection (f) and inserting in lieu thereof the following: (f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entires reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account

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shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. HOUSINGHOME INSPECTOR DEFINED; WRITTEN DOCUMENT TO BE PROVIDED; CONTENTS; PENALTY. Code Title 8, Chapter 3, Article 6 Enacted. No. 869 (Senate Bill No. 143). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to require home inspectors to provide written documents containing certain information with regard to inspections; to provide for definitions; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 8-3-330. As used in this article, the term `home inspector' means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for

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consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating system, air-conditioning system, plumbing, on-site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for a prospective purchaser or seller. 8-3-331. Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying: (1) The scope of the inspection, including those structural elements, systems, and subsystems to be inspected; (2) That the inspection is a visual inspection; and (3) That the home inspector will notify in writing the person on whose behalf such inspection is being made of any defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent and corrective action necessary for such defects. 8-3-332. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLES AND TRAFFICSUBMISSION TO A CHEMICAL TEST; INFORMATION TO BE PROVIDED BY OFFICER. Code Section 40-5-67.1 Amended. No. 870 (Senate Bill No. 163). AN ACT To amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical

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test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests; 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 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that: (1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs; (2) If the testing is refused, the person's driver's license or right to drive will be suspended for a minimum period of one year; (3) If a test is performed and the results indicate a blood alcohol concentration in violation of the law, the driver's license or right to drive may be suspended for a minimum period of one year; (4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and (5) The refusal to submit to a test may be offered into evidence against the person at trial.

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Failure to provide any notice required under this subsection shall not invalidate the suspension pursuant to this Code section of any driver's license. Section 2 . This Act shall become effective upon the first day of the month following its approval by the Governor 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 29, 1994. INSURANCEEXCLUSION OF COVERAGE FOR TEMPOROMANDIBULAR JOINT DYSFUNCTION SURGERY FOR CORRECTION OF DEFORMITIES OF THE MAXILLA OR MANDIBLE. Code Section 33-29-20 Enacted. Code Section 33-30-14 Enacted. No. 871 (Senate Bill No. 170). AN ACT To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that individual, group, or blanket major medical policies shall not exclude coverage for certain treatment relative to the temporomandibular joint dysfunction or surgery for the correction of functional deformities of the maxilla or mandible; to provide exceptions; to provide for permitted conditions, limitations, exclusions, or reductions applicable to certain coverages; to provide definitions; to provide for construction; 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 . Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-29-20 to read as follows: 33-29-20. (a) As used in this Code section, the term: (1) `Functional deformity' means a deformity of the bone or joint structure of the maxilla or mandible such that the normal character and essential function of such bone structure is impeded. (2) `Policy' means any major medical benefit plan, contract, or policy except the Georgia Basic Health Plan, a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy. (3) `Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons. (4) `Temporomandibular joint dysfunction' means congenital or developed anomalies of the temporomandibular joint. (b) No policy may be issued or issued for delivery in this state which: (1) Excludes medically necessary surgical or nonsurgical treatment for the correction of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or (2) Excludes medically necessary surgery for the correction of functional deformities of the maxilla and mandible.

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(c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care. (d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the accident and sickness insurance benefit plan, policy, or contract. (2) Basic coverage for the nonsurgical treatment of temporomandibular joint dysfunction under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dysfunction; splint therapy with necessary adjustments, provided that removable appliances designed for orthodontic purposes would not be reimbursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections. (e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements. Section 2 . Article 1 of Chapte 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows: 33-30-14. (a) As used in this Code section, the term: (1) `Functional deformity' means a deformity of the bone or joint structure of the maxilla or mandible such

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that the normal character and essential function of such bone structure is impeded. (2) `Policy' means any major medical benefit plan, contract, or policy except the Georgia Basic Health Plan, a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other similarly limited accident and sickness policy. (3) `Temporomandibular joint' means the connection of the mandible and the temporal bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons. (4) `Temporomandibular joint dysfunction' means congenital or developed anomalies of the temporomandibular joint. (b) No policy may be issued or issued for delivery in this state which: (1) Excludes medically necessary surgical or nonsurgical treatment for the correction of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or (2) Excludes medically necessary surgery for the correction of functional deformities of the maxilla and mandible. (c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care. (d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the accident and sickness insurance benefit plan, policy, or contract.

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(2) Basic coverage for the nonsurgical treatment of temporomandibular joint dysfunction under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dysfunction; splint therapy with necessary adjustments, provided that removable appliances designed for orthodontic purposes would not be reimbursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections. (e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23 for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements. Section 3 . This Act shall be applicable to individual, group, or blanket major medical policies issued or issued for delivery on and after July 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLESPERSONS 21 YEARS OF AGE OR OLDER; EXEMPTIONS FROM DRIVER'S LICENSE REQUIREMENTS. Code Section 40-5-21 Amended. No. 872 (Senate Bill No. 245). AN ACT To amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license

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requirements, so as to exempt persons 21 years of age or over while taking instruction from a licensed driving instructor; to provide for required equipment for such vehicles; to provide for eyesight examinations; to provide for reports; to provide for an effective date; 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 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, is amended by striking from the end of paragraph (9) of subsection (a) the word and, by striking the period at the end of paragraph (10) and inserting in lieu thereof ; and and by inserting a new paragraph (11) to read as follows: (11) Any resident who is 21 years of age or over while taking actual in-car training in a training vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, The Driver Training School License Act.' All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety rules clearly identifying such vehicles as training cars belonging to a driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27. Section 2 . The Department of Public Safety shall monitor the driver training authorized by this Act and shall report its findings and recommendations regarding such training to the General Assembly not later than December 31, 1995.

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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 . This Act shall be repealed in its entirety July 1, 1996. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PROFESSIONS AND BUSINESSESLIMITED EXEMPTION FROM LICENSURE DURING OLYMPIC GAMES AND PARALYMPIC GAMES. Code Section 43-1-26 Enacted. No. 873 (Senate Bill No. 414). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad scheduled to be held in Georgia in 1996; to provide for definitions; to provide for conditions and limitations; to provide for consent for certain medical services; to provide for the automatic repeal of such provisions on a certain date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to

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professions and businesses, is amended by adding at the end thereof a new Code Section 43-1-26 to read as follows: 43-1-26. (a) As used in this Code section, the term: (1) `Credential' or `credentialed' means the granting of credentials by the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). (2) `Games' means `The Games of the XXVIth Olympiad.' (3) `Olympic Family' means any credentialed athletes, coaches, trainers, and other credentialed support staff and officials of the International Olympic Committee (IOC), National Olympic Committees (NOCs), and International Sports Federations (ISFs) or their designated IOC confederations, including juries and judges for the Games. (4) `Paralympic Family' means credentialed athletes, coaches, trainers, and other support and service staff as defined by the Atlanta Paralympic Organizing Committee (APOC) and credentialed officials of the International Paralympic Committee (IPC), National Paralympic Committees (NPCs), International Organizations for Sports for the Disabled (IOSDs), or International Sport Federations (ISFs), including juries and judges for the Paralympic Games. (5) `Paralympic Games' means `The Games of the Xth Paralympiad.' (b) Nothing in this title or in Title 26 shall be construed to require licensure, registration, or certification of persons who are nonresidents of this state, who hold a current and valid professional license, certificate, registration, or other authorization to practice any profession regulated under this title or under Title 26 from any state or country, who are credentialed by the Atlanta Committee for the Olympic Games (ACOG) for involvement in events sponsored by

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ACOG or by the Atlanta Paralympic Organizing Committee (APOC) for involvement in events sponsored by APOC, and whose practice in Georgia is limited to specific, time-limited services to athletes and other members of the Olympic Family or Paralympic Family in connection with `The Games of the XXVIth Olympiad' and `The Games of the Xth Paralympiad' scheduled to be held in Georgia in 1996. (c) Whenever the services provided for in subsection (b) of this Code section are health care services, including but not limited to the prescribing or dispensing of pharmaceutical products, then such services shall only be provided to the Olympic Family or Paralympic Family at the sites designated by either the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Persons exempted from licensure by this Code section who provide such health care services shall provide those services only to members of the Olympic Family or Paralympic Family who are citizens or members of the delegation of that provider's sponsoring country as credentialed by the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Nothing in this Code section shall be construed to authorize or grant hospital medical staff privileges at any hospital, ambulatory surgery center, or outpatient care center or other health care facility. (d) Notwithstanding any other provision of law to the contrary, the official Chef de Mission who is responsible for any team member participating in events at the invitation of the International Olympic Committee or the International Paralympic Committee may give consent to the furnishing of hospital, medical, and surgical care to a minor who is a team member and that consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of that person shall not be necessary in order to authorize hospital, medical, and surgical care. (e) This Code section shall be automatically repealed on December 31, 1996.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. HAZARDOUS WASTEBURNING IN CEMENT KILNS; VARIANCES; SMALL QUANTITY GENERATORS; FEES; HAZARDOUS WASTE WATER; DELINQUENT FEES; PENALTIES; COSTS; EXEMPTIONS. Code Sections 12-8-66, 12-8-69, 12-8-92, 12-8-94, and 12-8-95.1 Amended. No. 874 (Senate Bill No. 432). AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall not permit the owner or operator of a cement kiln to burn hazardous waste as fuel except under certain conditions; to redefine a certain term; to provide for hazardous substance reporting fees; to provide hazardous waste management fees for hazardous waste burned for energy recovery; to provide maximum payments for hazardous waste water which is treated on site; to provide for the collection by the director of the Environmental Protection Division of the Department of Natural Resources of penalties for the delinquent payment of hazardous waste management fees; to provide for the collection by the director of costs, including administrative costs, and legal expenses incurred by the state in connection with the collection of delinquent hazardous waste management fees; to provide for variances in hazardous waste management; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by inserting at the end of Code Section 12-8-66, relating to permits for the construction, installation, or alteration of hazardous waste facilities, a new subsection (o) to read as follows: (o) The director shall not issue a permit allowing any owner or operator of a cement kiln to burn hazardous waste as fuel until the U.S. Environmental Protection Agency has completed developing its strategy for hazardous waste reduction and combustion which may affect the burning of hazardous wastes in cement kilns. Section 2 . Said article is further amended by striking subsection (b) of Code Section 12-8-69, relating to variances in hazardous waste management, in its entirety and inserting in lieu thereof the following: (b) Variances may be granted for such periods of time and under such provisions and conditions as shall be specified by the director. Section 3 . Said article is further amended by striking in its entirety paragraph (13) of Code Section 12-8-92, relating to definitions, and inserting in lieu thereof the following: (13) `Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,200 pounds of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article. Section 4 . Said article is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following: (3) To collect fees for hazardous waste management activities and hazardous substance reporting;.

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Section 5 . Said article is further amended by striking in its entirety Code Section 12-8-95.1, relating to hazardous waste management fees, and inserting in lieu thereof the following: 12-8-95.1. (a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term `hazardous waste' shall not include any material excluded by 40 CFR Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows: (1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery 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 off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (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, $1.00

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per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 per ton for hazardous waste treated on site by being burned for energy recovery 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, recycling or reuse, or treatment by burning for energy recovery 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, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997; (D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and (F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution

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of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this paragraph. 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 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, $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 per ton for hazardous waste treated by being burned for energy recovery 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; (4) Beginning July 1, 1994, each person who is required to report pursuant to Section 312 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee of $500.00; and

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(5) Beginning July 1, 1994, each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee as follows: (A) Five hundred dollars for each facility for which a report is filed for calendar year 1994; (B) One thousand dollars for each facility for which a report is filed for calendar year 1995; and (C) One thousand five hundred dollars for each facility for which a report is filed for calendar year 1996 and each calendar year thereafter. (b) All hazardous waste and hazardous substance fees required by subsection (a) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time no hazardous waste or hazardous substance fees shall be levied until the balance in that fund is less than or equal to an unencumbered balance of $12.5 million, in which case the levy and collection of hazardous waste fees shall resume at the beginning of the next calendar year following the year in which such unencumbered balance occurs. The director shall provide written notice to all large quantity generators and hazardous waste treatment, storage, and disposal facilities and all persons who are required to report pursuant to Sections 312 and 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 at such time as the director receives notice that the unencumbered principal balance of the fund equals or exceeds $25 million or is equal to or less than $12.5 million. (c) All hazardous waste fees levied under this Code section shall be based on the amounts of hazardous waste managed or imported within the preceding calendar year. Such fees for the period July 1, 1992, through December 31, 1992, shall be paid to the division not later than July 1, 1993. All

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subsequent hazardous waste fees shall be paid not later than the first day of July of each year for the preceding calendar year. (d) All hazardous substance fees levied under this Code section shall be based on the hazardous substances reported for the preceding calendar year. All hazardous substance fees shall be paid not later than the first day of July of each year for the preceding calendar year. (e) Persons who make payments of fees levied by this Code section later than 30 days after the due date specified in subsection (c) of this Code section shall pay a penalty of 15 percent of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state. Delinquent fees may be collected in a civil action instituted in the name of the director. In addition to the 15 percent penalty and the interest that may be collected along with the delinquent fees as provided in this subsection, the director shall be entitled to collect all costs, including administrative costs, and legal expenses incurred by the state in connection with its collection efforts. (f) Hazardous waste which is generated by any of the following means is exempted from the fees required by this Code section: (1) Corrective action required by an order, permit, or approved closure plan issued pursuant to Part 1 of this article; (2) Voluntary corrective action required by any person in accordance with applicable laws and regulations; and (3) Response actions required under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (g) The following persons shall not be required to pay the hazardous substance reporting fees required by this Code section:

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(1) Persons who report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for substances not designated as regulated substances pursuant to rules and regulations of the board; and (2) Persons who report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for petroleum fuels, lubricants, and hydraulic fluids and components thereof that are designated as regulated substances pursuant to rules and regulations of the board. (h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2003. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. RECREATIONAL BINGOREDEFINED. Code Sections 16-12-51 and 16-12-52 Amended. No. 875 (Senate Bill No. 439). 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 change the definition of recreational bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games; 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 . 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 Code Section 16-12-51, relating to definitions relative to bingo, in its entirety and inserting in lieu thereof the following: 16-12-51. As used in this part, the term: (1) `Bingo game' or `nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity. (2) `Bingo session' means a time period during which bingo games are played. (3) `Director' means the director of the Georgia Bureau of Investigation. (4) `Operate,' `operated,' or `operating' means the direction, supervision, management, operation, control, or guidance of activity. (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 noncash 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 also include a bingo

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session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax-exempt licensed organization or are residents of nursing homes, retirement homes, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in which the prizes are determined by the employer; provided, however, that no monetary consideration is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee. 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 2 . Said part is further amended by striking Code Section 16-12-52, relating to the license required to operate bingo games, in its entirety and inserting in lieu thereof the following: 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.

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(b) Recreational bingo is a nonprofit bingo game or a bingo game operated by an employer with ten or more fulltime employees for the purpose of providing a safe workplace incentive 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA MUSIC HALL OF FAME AUTHORITYINCORPORATION OF NONPROFIT CORPORATIONS AS SUBSIDIARIES; ASSETS OF DISSOLVED SUBSIDIARY; AUTHORITY NOT LIABLE FOR DEBTS, OBLIGATIONS, BONDS, ACTIONS, OR OMISSIONS WITHOUT EXPRESS CONSENT. Code Section 12-3-524 Amended. No. 876 (Senate Bill No. 525). AN ACT To amend Code Section 12-3-524 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority; to provide for the assets of any subsidiary corporation of the authority which is dissolved; to provide that the authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; to provide for related matters;

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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 12-3-524 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Music Hall of Fame Authority, is amended by striking the and at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting in lieu thereof; and, and by adding at the end of said Code section a new paragraph (22) to read as follows: (22) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994.

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SOCIAL SERVICESASSESSMENT OF RISK PRIOR TO PLACEMENT OF YOUTHS IN HOMES; PLANS OF CARE. Code Section 49-4A-13 Enacted. No. 877 (Senate Bill No. 548). AN ACT To amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that an assessment of risk be completed on each youth prior to the youth's placement in a private family attention home; to provide that a plan of care be developed based on a youth's level of risk for youth placed in a private family attention home; to provide that the plan of care address the needs of the youth for adult supervision and structured after-school activities and for other treatment needs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding a new Code Section 49-4A-13 to read as follows: 49-4A-13. As used in this Code section, the term `family attention home' means a private family home that has contracted with the Department of Children and Youth Services to provide 24 hour, short-term care for youth in the custody of the department and placed by the department in the home. Said youth are either awaiting a juvenile court hearing or have been temporarily removed from their homes for other reasons. Prior to a youth being placed in a private family attention home, an assessment of the youth's risk to the public will be completed by the department, and based on that assessment a plan of care for each youth will be developed within 72 hours after placement. This plan shall detail the youth's need for adult supervision, the youth's need for structured after-school activities, the need for electronic

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monitoring, if appropriate, and any other additional treatment needs while the youth is in the home. This plan of care shall be developed and implemented to ensure the safety of the children and youth in each private family attention home and the residents of the communities in which the private family attention homes are located. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GAME AND FISHLIFETIME HUNTING AND FISHING LICENSE FOR TOTALLY DISABLED PERSONS; CROSSBOW HUNTING. Code Sections 27-2-4 and 27-3-4 Amended. No. 878 (Senate Bill No. 592). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to provide for a lifetime honorary hunting and fishing license for any person who is totally and permanently disabled; to provide an exception; to prohibit hunting with a crossbow except under such circumstances as provided by the Board of Natural Resources; to provide for applicability to certain persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, is amended by striking subsection (a) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, in its entirety and inserting in lieu thereof the following:

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(a) The department shall issue a lifetime honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of any fee whatsoever, to each resident: (1) Who has attained the age of 65 and who applies to the department for such license; or (2) Who is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued an honorary fishing license only. Section 2 . Said title is further amended by striking paragraph (6) of Code Section 27-3-4, relating to legal weapons for hunting wildlife, in its entirety and inserting in lieu thereof the following: (6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt deer with a crossbow; Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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INNKEEPERSPOSTING OF WRITTEN STATEMENTS REGARDING OCCUPANCY PERIOD. Code Section 43-21-3.2 Enacted. No. 879 (Senate Bill No. 536). AN ACT To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to provide that a written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, shall be a valid and enforceable nonassignable contract; to provide that upon the expiration of such time period, the guest may be restrained from entering the assigned room; to provide that the property of such a guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages or losses to such property attributable to its removal; to provide that if a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room; 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 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, is amended by adding, following Code Section 43-21-3.1, a new Code Section 43-21-3.2 to read as follows: 43-21-3.2. A written statement prominently setting forth in bold type the time period during which a guest may occupy an assigned room, when separately signed or initialed by the guest, is a valid nonassignable contract. At the expiration of such time period, the guest may be restrained

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from entering such room and any property of the guest may be removed by the innkeeper to a secure place where the guest may recover his or her property without liability to the innkeeper, except for damages to or loss of such property attributable to its removal. If a guest vacates his or her room prior to the date contained in the written statement, that guest shall not be liable for charges for the time after the room is vacated unless the guest has agreed otherwise before occupying the room. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PUBLIC FUNDSVALUATION OF SECURITIES PLEDGED BY A DEPOSITORY TO SECURE SUCH FUNDS. Code Sections 45-8-12 and 50-17-59 Amended. No. 880 (Senate Bill No. 602). AN ACT To amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, and Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for the valuation of securities pledged by a depository to secure public funds; to provide that securities guaranteed by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits; to provide for editorial revision; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, is amended by striking Code Section 45-8-12, relating to deposits of public funds in banks or depositories and bonds or securities pledged in lieu of bonds, and inserting in lieu thereof a new Code Section 45-8-12 to read as follows: 45-8-12. (a) The collecting officer or officer holding public funds may not have on deposit at any one time in any depository for a time longer than ten days a sum of money belonging to the public body when such depository has not given a bond to the public body as set forth in this Code section. The bond to be given by depositories, where such bonds are required, shall be a surety bond signed by a surety company duly qualified and authorized to transact business within this state in a sum as so required. In lieu of such a surety bond, the depository may pledge to the public body as security any one or more of the obligations enumerated in Code Section 50-17-59, relating to the bond required to secure state deposits and securities in lieu of bond. (b) The collecting officer or officer holding public funds shall accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure public funds on deposit in depositories to the extent authorized by federal law governing the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation. (c) A depository may secure deposits made with it partly by surety bond, partly by deposit of any one or more of the obligations referred to in subsection (a) of this Code section, partly by the guarantee or insurance referred to in subsection (b) of this Code section, or by any combination of these methods. The aggregate of the face value of such surety bond and the market value of securities pledged shall be equal to not less than 110 percent of the public funds being

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secured after the deduction of the amount of deposit insurance. (d) Notwithstanding any other provisions of this Code section, a depository may deduct the face amount of direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof. (e) This Code section shall not apply to collecting officers and officers holding public funds pursuant to Article 3 of Chapter 17 of Title 50, relating to state depositories. Section 2 . Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-59, relating to deposits of securities in lieu of bonds to secure state funds on deposit, and inserting in lieu thereof a new Code Section 50-17-59 to read as follows: 50-17-59. (a) The director cannot have on deposit at any one time in any of the depositories for a time longer than ten days a sum of money belonging to the state under a contract with the depository providing for the payment of interest by a depository which has not given a bond to the state in the amount as determined by the board. The bond to be given by the state depositories, when such bonds are required and whether the depositories are state or national banks, shall be a surety bond in a sum as required signed by a surety company duly qualified and authorized to transact business within this state. In lieu of such a surety bond the state depository may deposit with the director to secure state funds on deposit in state depositories: (1) Bonds, bills, certificates of indebtedness, notes, or other direct obligations of the United States or of this state; (2) Bonds, bills, certificates of indebtedness, notes, or other obligations of the counties or municipalities of this state;

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(3) Bonds of any public authority created by the laws of this state, if the statute creating such authority provides that the bonds of the authority may be used for this purpose and the bonds have been duly validated as provided by law, and as to which there has been no default in payment, either of principal or interest; (4) Industrial revenue bonds or bonds of development authorities created by the laws of this state, which bonds have been duly validated as provided by law and as to which there has been no default in payment, either of principal or interest; or (5) Bonds, bills, certificates of indebtedness, notes, or other obligations of a subsidiary corporation of the United States government, which are fully guaranteed by the United States government both as to principal and interest, or debt obligations issued by or securities guaranteed by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, the Central Bank for Cooperatives, the Farm Credit Banks, the Federal Home Loan Mortgage Corporation, or the Federal National Mortgage Association. (b) The director shall also accept the guarantee or insurance of accounts of the Federal Deposit Insurance Corporation to secure state funds on deposit in state depositories, to the extent authorized by federal law governing the Federal Deposit Insurance Corporation. (c) 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, however, that such security will be required only in the case of time deposits under a contract providing for the payment of interest. (d) The director is authorized to contract with any bank, other than the state depository offering the security,

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for the purpose of safekeeping the securities deposited with the director under this provision. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA ADMINISTRATIVE PROCEDURE ACTPROPOSED RULES; NOTICE TO COMMITTEE CHAIRPERSON AND BY REQUEST TO COMMITTEE MEMBERS. Code Section 50-13-4 Amended. No. 881 (Senate Bill No. 457). AN ACT To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons and any members of standing committees of the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, is amended by striking subsection (e) of Code Section 50-13-4, relating to procedural requirements for adoption of rules, and inserting in its place a new subsection (e) to read as follows: (e) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the

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presiding officers of each house with a copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. HANDICAPPED PARKING LAWUNLAWFUL PRACTICES DIRECTED AT PARKING MONITORS. Code Section 40-6-228 Amended. No. 882 (Senate Bill No. 462). AN ACT To amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Handicapped Parking Law, so as to provide for unlawful practices directed towards handicapped parking monitors; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Handicapped Parking Law, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of Code Section 40-6-226 or to retaliate or discriminate in any manner against such person as a reprisal for any act or ommission of such person. Any violation of this subsection shall be punishable as a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. COUNTY BOARDS OF FAMILY AND CHILDREN SERVICESMANNER OF APPOINTMENT; VACANCIES. Code Section 49-3-2 Amended. No. 883 (Senate Bill No. 469). AN ACT To amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards; to provide for vacancies, terms of office, and compensation; to provide for additional members at the option of the county governing authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county boards of family and children services, is amended by striking subsections (a) through (e) of Code Section 49-3-2, relating to appointment of members to such boards, and inserting in lieu thereof the following: 49-3-2. (a) Each county board shall consist of five members who shall be appointed by the governing authority of the county. No person serving as a member of a county board on July 1, 1994, shall have such person's term of office shortened by this subsection. On and after that date, however, vacancies in such office which occur for any reason, including but not limited to expiration of the term of office, shall be filled by appointment of the county governing authority except as provided in subsection (c) of this Code section. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. In making appointments to the county board of family and children services, the governing authority shall ensure that appointments are reflective of gender, race, ethnic, and age characteristics of the county population. (b) The term of office of members of the county board shall be for five years and until the appointment and qualification of their respective successors, except that upon the expiration of the terms of the members of the county board in office on July 1, 1994, one member shall be appointed for a one-year term, one member for a two-year term, one member for a three-year term, one member for a four-year term, and one member for a five-year term. (c) Appointments to fill vacancies on the county board caused by death, resignation, or removal before the expiration of a term shall be made for the remainder of such term in the same manner as provided in this Code section for original appointments. In the event that the governing authority of the county shall fail to fill any such vacancy or any vacancy caused by expiration of term on the county board within 90 days after such vacancy occurs, the commissioner may appoint members to the county board to fill such vacancies.

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(d) In addition to the five members required by subsection (a) of this Code section, the county governing authority is authorized but not required to appoint two additional members. One such additional member shall be a school counselor employed in the county and one such additional member shall be a law enforcement officer of the county who is responsible for investigating reports of child abuse. Members appointed pursuant to this subsection shall be appointed for terms of five years and shall be paid the per diem authorized in subsection (e) of this Code section. Appointments to fill vacancies created by the death, resignation, or removal before the end of the term of a member appointed pursuant to this subsection shall be made in accordance with subsection (c) of this Code section. (e) Members of the county board shall serve without compensation, except that they shall be paid a per diem of not less than $15.00 per month and shall be reimbursed for traveling and other expenses actually incurred in the performance of their official duties; provided, however, that the gross expenses assessed against a county shall not exceed the amount of the budget of the county previously set aside and levied by the county authorities for such expenses. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. REVENUEHOMESTEAD EXEMPTIONS; DATE FOR FILING APPLICATION; COUNTY PROPERTY APPRAISERS; SERVICE AS MEMBER OF BOARD OF TAX ASSESSORS. Code Sections 48-5-45 and 48-5-292 Amended. No. 884 (Senate Bill No. 472). AN ACT To amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for homestead exemptions, so as to change the date by which an application for

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a homestead exemption must be filed from April 1 to the closing date for the return of ad valorem taxes for the county in which the applicant resides; to amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, so as to prohibit certain appraisers from serving as members of the county board of tax assessors once such appraisers cease to serve as appraisers; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for homestead exemptions, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 of the year in which exemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year. Section 2 . Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to ineligibility of county tax assessors to hold other offices, is amended by adding a new subsection at the end thereof, to be designated subsection (d) to read as follows:

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(d) In any county in this state in which a chief appraiser or a member of the county property appraisal staff is not otherwise prohibited under this Code section from serving simultaneously as a member of the county board of tax assessors and is serving simultaneously in such capacity, such chief appraiser or member of the county property appraisal staff shall upon ceasing to serve as chief appraiser or member of the county property appraisal staff automatically cease to serve as a member of the county board of tax assessors. Any vacancy created on the county board of tax assessors under this subsection shall be filled in the manner provided under subsection (a) of Code Section 48-5-295. Section 3 . Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective July 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. DOMESTIC RELATIONSCHILD ABUSE AND NEGLECT PREVENTION ACT AMENDED; STATE CHILDREN'S TRUST FUND AND COMMISSION; ELIGIBILITY CRITERIA; PROCEDURE FOR DISBURSEMENTS; INTEREST; REPEAL DATE CHANGED; OBSOLETE PROVISIONS REPEALED. Code Sections 19-14-3, 19-14-5, 19-14-9, 19-14-21, 19-14-22, and 19-14-23 Amended. Code Section 19-14-8 Repealed. No. 885 (Senate Bill No. 493). AN ACT To amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the Child Abuse and Neglect Prevention

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Act, so as to remove references to initial terms of the State Children's Trust Fund Commission and a restriction on disbursement of funds prior to July 1, 1988; to authorize and direct such commission to establish criteria for determining eligibility for receipt of disbursements from the State Children's Trust Fund; to remove the duty of determining such criteria from the Department of Human Resources; to remove a provision relating to appropriation of certain funds to such trust fund; to provide that interest earned by trust fund money shall be credited to the trust fund; to provide for disbursements; to provide for related matters; to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), so as to change the date of repeal of such Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 19 of the Official Code of Georgia Annotated, the Child Abuse and Neglect Prevention Act, is amended by striking in their entirety subsections (b) and (d) of Code Section 19-14-3, relating to establishment of the State Children's Trust Fund Commission, and inserting in lieu thereof new subsections to read as follows: (b) The State Children's Trust Fund Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agencies or individual professions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.

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(d) Reserved. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 19-14-5, relating to powers and duties of the State Children's Trust Fund Commission, and inserting in its place a new subsection to read as follows: (a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Establish criteria for determining eligibility for receipt of disbursements from the trust fund; (5) Accept applications for disbursements of available money from the trust fund and for child abuse and neglect prevention purposes; (6) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and (7) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. Section 3 . Said chapter is further amended by striking in its entirety Code Section 19-14-8, relating to eligibility criteria for disbursements, which reads as follows: 19-14-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to

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the commission criteria for determining eligibility for receipt of disbursements from the trust fund. and inserting in lieu thereof the following: 19-14-8. Reserved. Section 4 . Said chapter is further amended by striking in their entirety subsections (a) and (d) of Code Section 19-14-9, relating to disbursement of funds, and inserting in lieu thereof new subsections to read as follows: (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the commission for exclusively the following purposes, which are listed in the order of preference for expenditure: (1) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met: (A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse prevention issues; (B) The organization demonstrates an ability to match, through money or in-kind services, a minimum of 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission; (C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (D) Other conditions that the commission may deem appropriate;

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(2) To fund services or facilities connected with child abuse and neglect prevention; and (3) To fund the commission created in Code Section 19-14-3 for the actual and necessary operating expenses that the commission incurs in performing its duties. Section 5 . Said chapter is further amended by striking in its entirety Code Section 19-14-21, relating to the source of funds, and inserting in lieu thereof a new Code section to read as follows: 19-14-21. The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. Section 6 . Said chapter is further amended by striking in its entirety Code Section 19-14-22, relating to investments, and inserting in lieu thereof a new Code section to read as follows: 19-14-22. The director of the Office of Treasury and Fiscal Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by trust fund money shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. Section 7 . Said chapter is further amended by striking Code Section 19-14-23, relating to issuance of warrants, which reads as follows: 19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services,

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which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund., and inserting in its place the following: 19-14-23. Disbursements made pursuant to Code Section 19-4-9 shall be paid out of the Children's Trust Fund in the state treasury by warrant of the Governor. Section 8 . An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), is amended by striking Section 6 in its entirety, and inserting in lieu thereof a new Section 6 to read as follows: Section 6. This Act shall be repealed in its entirety effective July 1, 2000. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLES AND TRAFFICRESIDENTS DEFINED; INSTRUCTION PERMITS AND TEMPORARY LICENSES; INFORMATION EXCHANGE IN ELECTRONIC FORMAT. Code Titles 40 and 48 Amended. No. 886 (Senate Bill No. 518). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of resident; to change the provisions relating to

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instruction permits and temporary licenses; to change the provisions relating to who may apply for such instruction permits or temporary licenses; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to provide for additional duties and responsibilities of the state revenue commissioner; to require that the state revenue commissioner shall acquire the necessary equipment and take all other necessary steps for the acceptance and utilization by the department of tag and title information in an electronic format from local tax officials; to provide for submission of such information by the county tax collector or county tax commissioner, when available; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (15) of Code Section 40-5-1, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows: (15) `Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident: (A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or (B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen, resident alien, an alien with

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U.S. Immigration and Naturalization Service employment authorization or an alien presumed to be residing in the United States under color of law. Section 2 . Said title is further amended by striking in its entirety Code Section 40-5-24, relating to instruction permits and temporary licenses, and inserting in lieu thereof a new Code Section 40-5-24 to read as follows: 40-5-24. (a) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommerical Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles. (b) Any resident of this state who is at least 16 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night. (c) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial

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Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal. (e) Any resident of this state holding a noncommercial Class P instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit. Section 3 . Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of

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the Department of Revenue, is amended by adding at the end of said article a new Code Section 48-2-19 to read as follows: 48-2-19. (a) It is the intent of the General Assembly that the state revenue commissioner shall have total responsibility for the administration of the laws of the state relating to the licensing, registration, valuation, and titling of motor vehicles and that the commissioner shall carry out a complete modernization and improvement of such functions. (b) The state revenue commissioner shall have total responsibility for developing and implementing a comprehensive and detailed plan to accomplish the modernization and improvement of the functions specified in subsection (a) of this Code section. Such plan shall include: (1) A detailed analysis of personnel, equipment, motor vehicles, and facilities necessary for the administration of the laws relating to the licensing, registration, valuation, and titling of motor vehicles; (2) A detailed analysis of the funding necessary to administer such functions of the department; (3) Detailed recommendations for the most effective methods of carrying out the functions provided for in subsection (a) of this Code section, bearing in mind that the citizens of the State of Georgia should have a right to expect prompt, courteous, and cost-efficient service with respect to such functions; (4) Recommendations for any changes in the relevant laws needed to accomplish the goals referred to in paragraph (3) of this subsection; and (5) A suggested timetable for the completion of such recommendations. (c) The state revenue commissioner shall from time to time report to the presiding officers of the Senate and House of Representatives with respect to:

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(1) The progress of implementation of the plan provided for in subsection (b) of this Code section; (2) Any deficiencies or inefficiencies noted by the state revenue commissioner in the current carrying out of the functions provided for in subsection (a) of this Code section; and (3) Any interim improvements which should be made in the carrying out of such functions pending completion of the plan provided for in subsection (b) of this Code section. (d) The state revenue commissioner shall obtain the necessary equipment and personnel in order to utilize effectively motor vehicle registration, licensing, and title information submitted in electronic form by the tax collectors and tax commissioners of the various counties of this state. All counties which have the technological capability of submitting such registration, licensing, and title information in an electronic form shall do so and all other counties are encouraged to develop such capabilities. The state revenue commissioner may promulgate rules and regulations for the purpose of standardizing the format of such electronic information to be submitted by the tax collectors and tax commissioners of the various counties, provided that such rules and regulations shall provide for the use of one or more electronic formats currently utilized by local taxing officials. Section 4 . Sections 1 and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective July 1, 1994. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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TELECOMMUNICATIONSACCESS TO LIVE TELEPHONE OPERATOR; REVIEW BY PUBLIC SERVICE COMMISSION; EXCEPTION. Code Section 46-5-26 Enacted. No. 887 (Senate Bill No. 539). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, so as to provide for access to a live telephone operator; to provide for submission to the Public Service Commission; to define a certain term; to provide exceptions; to provide that the failure of a telecommunications utility or company to provide access to a live operator shall not serve as a basis for a cause of action for personal injuries or damage to property; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, is amended by adding at the end thereof a new Code Section 46-5-26 to read as follows: 46-5-26. (a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. A telecommunications utility or telecommunications company shall submit to the Public Service Commission the method by which the telecommunications utility or telecommunications company shall provide access to a live operator for review, except for a telecommunications utility or telecommunications company whose operator services are under the jurisdiction, regulation, and rules of the Public Service Commission. This Code section applies regardless of the method by which the

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telecommunications utility or telecommunications company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, `operator services' means services that are provided when a caller dials `0'. (b) The failure of a telecommunications utility or telecommunications company to provide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. SHERIFFSCERTIFICATION AS PEACE OFFICERS; BASIC MANDATE COURSE ATTENDANCE; SUBSTITUTE COURSE; VACANCY IN OFFICE FOR FAILURE TO BECOME CERTIFIED. Code Sections 15-16-1 and 15-16-8 Amended. No. 888 (Senate Bill No. 551). AN ACT To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, so as to change the provisions relating to the qualifications necessary to hold the office of sheriff; to provide for attendance of peace officers' training courses; to provide that the failure of certain newly elected sheriffs to become certified peace officers pursuant to certain requirements shall result in a vacancy being created in such offices of the sheriff; to provide for the filling of such vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, is amended by striking Code Section 15-16-1, relating to qualifications and training of sheriffs, in its entirety and inserting in its place the following: (a) Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b) General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c) Qualifications. (1) No person shall be eligible to hold the office of sheriff unless such person: (A) Is a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of the election for sheriff; (C) Is a registered voter;

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(D) Has attained the age of at least 25 years prior to the date of his or her qualifying for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff; (H) Gives a complete history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) Gives a complete history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as

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defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 at the first training course available after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he or she has complied

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with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (d) Training session. From and after January 1, 1980, every newly elected sheriff in his or her first term shall be required to complete a training session of no less than four weeks, to be conducted by any academy certified by the Georgia Peace Officer Standards and Training Council and as may be selected by the Georgia Sheriffs' Association. This training shall be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any newly elected sheriff who is unable to attend this training course when offered because of medical disability or providential cause shall, within one year from the date such disability or cause terminates, complete a course of instruction as determined by the Georgia Sheriffs' Association and approved by the Georgia Peace Officer Standards and Training Council. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his or her power of arrest. (e) Annual training. (1) From and after July 1, 1992, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the

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minimum annual training requirement for the calendar year during which the basic course is completed. (3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. (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. Section 2 . Said article is further amended by adding at the end of Code Section 15-16-8, relating to how vacancies are filled in the office of sheriff, a new subsection (d) to read as follows: (d) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacated upon certification being made by the

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Georgia Peace Officer Standards and Training Council to the judge of the probate court of such county that a newly elected sheriff who is not a registered or certified peace officer at the time of taking office has failed to become a certified peace officer within the required time and pursuant to the provisions of subparagraph (c)(1)(J) of Code Section 15-16-1. Such vacancy shall be filled as provided in this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. EDUCATIONREFUSAL TO ALTER GRADES NOT CAUSE FOR TERMINATION. Code Section 20-2-940 Amended. No. 889 (Senate Bill No. 554). AN ACT To amend Code Section 20-2-940 of the Official Code of Georgia Annotated, relating to grounds and procedure for terminating or suspending contract of employment, so as to provide that refusal to alter a student's grades or grade report shall not be grounds for termination or suspension; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-940 of the Official Code of Georgia Annotated, relating to grounds and procedure for terminating or suspending contract of employment, is amended by striking subsection (a) of said Code section and inserting in its place a new subsection (a) to read as follows:

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(a) Grounds for termination or suspension. Except as otherwise provided in this subsection, the contract of employment of a teacher, principal, or other employee having a contract for a definite term may be terminated or suspended for the following reasons: (1) Incompetency; (2) Insubordination; (3) Willful neglect of duties; (4) Immorality; (5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education; (6) To reduce staff due to loss of students or cancellation of programs; (7) Failure to secure and maintain necessary educational training; or (8) Any other good and sufficient cause. A teacher, principal, or other employee having a contract of employment for a definite term shall not have such contract terminated or suspended for refusal to alter a grade or grade report; if the request to alter a grade or grade report was made without good and sufficient cause. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. INSURANCECOUNTY AND CITY TAXES ON LIFE INSURERS; POPULATION DETERMINATION. Code Sections 33-8-8.1 and 33-8-8.2 Amended. No. 890 (Senate Bill No. 564). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to taxes and fees on insurers, so as to change the provisions relating to the determination of the

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population of counties and municipalities and the formulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to taxes and fees on insurers, is amended by striking subsection (i) of Code Section 33-8-8.1, relating to county and municipal corporation taxes on life insurance companies, and inserting in lieu thereof a new subsection (i) to read as follows: (i) For purposes of this Code section, population shall be measured by the United States decennial census of 1990 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such taxes by the Commissioner and any additional official census data received by the Commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 33-8-8.2, relating to county and municipal taxes on other than life insurance companies, and inserting in lieu thereof a new subsection (c) to read as follows: (c) For purposes of this Code section, population shall be measured by the United States decennial census of 1990 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such taxes by the Commissioner and any additional official

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census data received by the Commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PATIENT SELF-REFERRAL ACT OF 1993DESIGNATED HEALTH SERVICES DEFINED. Code Section 43-1B-3 Amended. No. 891 (Senate Bill No. 565). AN ACT To amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, known as the Patient Self-referral Act of 1993, so as to change the definition of the term designated health services; to include certain additional services within the provisions of said chapter; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1B of Title 43 of the Official Code of Georgia Annotated, known as the Patient Self-referral Act of 1993, is amended by striking paragraph (2) of Code Section 43-1B-3, relating to definitions, and inserting in lieu thereof a new paragraph (2) of said Code section to read as follows: (2) `Designated health services' means clinical laboratory services, physical therapy services, rehabilitation services, diagnostic imaging services, pharmaceutical services,

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durable medical euqipment, home infusion therapy services (including related pharmaceuticals and equipment), home health care services, and outpatient surgical services. Section 2 . This Act shall become effective July 1, 1994, provided that with respect to an investment interest acquired by a health care provider before July 1, 1994, for durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), or home health care services, Code Section 43-1B-4 shall not apply to such referrals occurring befor January 1, 1995. This act shall not be construed to affect the effective date for any designated health care services other than durable medical equipment, home infusion therapy services (including related pharmaceuticals and equipment), home health care services. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. EDUCATIONSTUDENT RECORDS; ACCESS BY BOTH PARENTS. Code Section 20-2-720 Amended. No. 892 (Senate Bill No. 629). AN ACT To amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to prohibit any school system from denying both parents of a child the right to inspect and review the education records of such child; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating

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to student records, is amended by striking Code Section 20-2-720 which reads as follows: 20-2-720. Reserved., in its entirety and inserting in lieu thereof the following: 20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. CRIMINAL PROCEDUREBONDS; APPROVAL OF SURETIES; MINIMUM RULES FOR PROFESSIONAL BONDING COMPANIES; REAL PROPERTY BONDS; QUALIFICATIONS FOR PROFESSIONAL BONDSPERSONS. Code Sections 17-6-1, 17-6-15, and 17-6-50 Amended. No. 893 (Senate Bill No. 630). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to

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provide for approval of sureties; to provide for a determination of acceptable sureties; to provide for the publishing of such rules and regulations by the sheriffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure for such, is amended by adding a new subsection at the end thereof to read as follows: (j) For all persons who have been authorized by law or the court to be released on bail, sheriffs and constables shall accept such bail; provided, however, that the sureties tendered and offered on the bond are approved by the sheriff of the county in which the offense was committed. Section 2 . Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to allowance of opportunity to give bail, is amended by striking subsection (b) in its entirety and inserting in its place the following: (b) (1) A reasonable opportunity shall be allowed the accused person to give bail; and, even after commitment and imprisonment, the committing court may order the accused person brought before it to receive bail. No person shall be imprisoned under a felony commitment when bail has been fixed, if the person tenders and offers to give bond in the amount fixed, with sureties acceptable to the sheriff of the county in which the alleged offense occurred; provided, however, the sheriff shall publish and make available written rules and regulations defining acceptable sureties and prescribing under what conditions sureties may be accepted. If the sheriff determines that a professional bonding company is an acceptable surety, the rules and regulations shall require, but shall not be limited to, the following:

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(A) Complete documentations showing the composition of the company to be an individual, a trust, or a group of individuals, whether or not formed as a partnership or other legal entity, or a corporation or a combination of individuals, trusts, and corporations; (B) Complete documentation for all employees, agents, or individuals authorized to sign or act on behalf of the bonding company; (C) Complete documentation showing that the company holds a valid business license in the jurisdiction where bonds will be written; (D) Fingerprints and background checks of every individual who acts as a professional bondsperson as defined in Code Section 17-6-50 for the professional bonding company seeking approval; (E) Establishment of a cash escrow account or other form of collateral in a sum and upon terms and conditions approved by the sheriff; (F) Establishment of application, approval, and reporting procedures for the professional bonding company deemed appropriate by the sheriff which satisfy all rules and regulations required by the laws of this state and the rules and regulations established by the sheriff; (G) Applicable fees to be paid by the applicant to cover the cost of copying the rules and regulations and processing and investigating all applications and all other costs relating thereto; or (H) Additional criteria and requirements for approving and regulating bonding companies to be determined at the discretion of the sheriff.

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(2) This Code section shall not be construed to require a sheriff to accept a professional bonding company or bondsperson as a surety. (3) This Code section shall not be construed to prevent the posting of real property bonds and the sheriff may not prohibit the posting of property bonds. Additional requirements for the use of real property may be determined at the discretion of the sheriff. The sheriff shall not prohibit a nonresident of the county from posting a real property bond if such real property is located in the county in which it is offered as bond and if such property has sufficient unencumbered equity to satisfy the sheriff's posted rules and regulations as to acceptable sureties. Section 3 . Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondsmen, is amended by designating the current text as subsection (a) and adding a new subsection (b) to read as follows: (b) A professional bondsperson is one who holds himself or herself out as a signer or surety of bonds for compensation who must meet the following qualifications: (1) Is 18 years of age or over; (2) Is a resident of the State of Georgia for at least one year before making application to write bonds; (3) Is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude; and (4) Is approved by the sheriff and remains in good standing with respect to all applicable federal, state, and local laws and all rules and regulations established by the sheriff in the county where the bonding business is conducted. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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COMMERCEDECEPTIVE OR FRAUDULENT TELEMARKETING; RULES AND REGULATIONS; CONTENTS; PROHIBITED ACTS; CULPABILITY; PREVENTIVE POWERS OF SECRETARY OF STATE; PENALTIES. Code Title 10, Chapter 5B Enacted. No. 894 (Senate Bill No. 567). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing activities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to authorize the Secretary of State to promulgate rules to prohibit deceptive telemarketing activities and other abusive telemarketing activities by persons who are subject to certain other provisions of law; to make certain activities in connection with telephonic offers to sell or telephonic sales unlawful; to provide authority for the Secretary of State to enforce rules with respect to persons who are jurisdictionally subject to the provisions of certain other laws; to provide criminal penalties; to provide for the effect of such penalties with respect to the violation of other laws; to provide that the provisions of this Act are not exclusive; to provide for applicability with respect to other laws; to provide for situs of offers and sales; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding between Chapters 5A and 6 a new Chapter 5B to read as follows: CHAPTER 5B 10-5B-1. (a) The General Assembly finds that a problem is posed in this state by the increasing use of the telephone in a fraudulent or abusive manner as a means of solicitation

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in certain currently regulated commercial businesses and professions and that the power and reach of the telephone as a medium for such conduct increases the risk to the legitimate economy of the state. (b) The General Assembly declares that the intent of this chapter is to impose sanctions against the fraudulent use of the telephone in certain currently regulated commercial businesses and professions. This chapter shall be construed to further that intent. 10-5B-2. (a) As used in this chapter, the term: (1) `Control,' `controlling,' `controlled by,' or `under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (2) `Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (3) `Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (4) `Secretary of State' means the Secretary of State of the State of Georgia. (5) `Telephone soliciting business' means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter.

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(6) `Telephone solicitor' or `solicitor' means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (7) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia. (7) `Telephonic sale,' `sell telephonically,' `telephonic selling,' `telephonic offer for sale,' or `telephonic solicitation of sale' means a sale or solicitation of goods or services in which: (A) The seller solicits the sale over the telephone; (B) The purchaser's agreement to purchase is made over the telephone; and (C) The purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services. (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter. 10-5B-3. (a) The Secretary of State shall be authorized to promulgate rules to prohibit deceptive or fraudulent telemarketing activities and other abusive telemarketing activities by persons subject to the provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the `Georgia Charitable Solicitations Act of 1988.'

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(b) Any rules promulgated by the Secretary of State pursuant to subsection (a) of this Code section may include but not be limited to: (1) A definition of deceptive telemarketing activities; (2) A list of criteria that are symptomatic of deceptive telemarketing as distinguished from ordinary telemarketing business practices; (3) A requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer's right to privacy; (4) A requirement that goods or services offered by telemarketing be shipped or provided within a specified period and that, if the goods or services are not shipped or provided within such period, a refund shall be required; and (5) Authority for a person who orders any goods or services through telemarketing to cancel the order within a specified period. (c) No rules promulgated pursuant to this Code section shall in any way limit the scope or application of Part 2 of Article 15 of Chapter 1 of this title, the `Fair Business Practices Act of 1975.' 10-5B-4. (a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the `Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:

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(1) To fail to identify the business initiating the call; (2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter; (3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud; (4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; or (5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist. 10-5B-5. (a) With respect to any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973,' the Secretary of State

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shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 5 of this title were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 5 of this title who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 5 of this title in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chapter 5 of this title were incorporated into and made a part of this chapter. (b) With respect any person who is jurisdictionally subject to the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options, the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 5A of this title were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 5A of this title who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 5A of this title in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chapter 5A of this title were incorporated into and made a part of this chapter. (c) With respect any person who is jurisdictionally subject to the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 14 of Title 43 were incorporated into and

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made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 14 of Title 43 who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 14 of Title 43 in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chapter 14 of Title 43 were incorporated into and made a part of this chapter. (d) With respect any person who is jurisdictionally subject to the provisions of Chapter 17 of Title 43, known as the `Georgia Charitable Solicitations Act of 1988,' the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of Chapter 17 of Title 43 were incorporated into and made a part of this chapter. Except as otherwise provided in this chapter, any person so jurisdictionally subject to the provisions of Chapter 17 of Title 43 who violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in Chapter 17 of Title 43 in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of Chapter 17 of Title 43 were incorporated into and made a part of this chapter. 10-5B-6. (a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $50,000.00 or imprisonment for not less than one nor more than five years, or both. (b) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law. 10-5B-7. (a) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.

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(b) Nothing in this chapter shall amend, alter, or repeal any of the provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the `Georgia Charitable Solicitations Act of 1988.' 10-5B-8. For purposes of this chapter, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer: (1) Originates from this state; or (2) Is directed by the offeror to this state and received at the place to which it is directed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. CRIMES AND OFFENSESWEAPONS; REDEFINED. Code Section 16-11-127.1 Amended. No. 895 (House Bill No. 1100). AN ACT To amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons at school functions or on school property, so as to include bludgeon-type instruments within the definition of weapons; to provide an exception; 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 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons at school functions or on school property, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows: 16-11-127.1. (a) It shall be unlawful for any person to carry to or to possess or have under such person's control while at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall, upon conviction thereof, be punished by a fine of not more than $5,000.00, by imprisonment for not less than one nor more than five years, or by both. (b) For the purposes of this Code section, the term `weapon' means and includes any pistol, revolver, or any weapon designated or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind. (c) The provisions of this Code section shall not apply to: (1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes; (2) Competitors while participating in organized sport shooting events;

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(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (4) The following persons, when acting in the performance of their official duties or when en route to or from their official duties: (A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; and (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; (5) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or

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school property or on a bus or other transportation furnished by the school; (7) A weapon which is in a locked container in or a locked firearms rack which is on a motor vehicle which is used to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; (8) 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; (9) 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; (10) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (11) 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; (12) Public safety directors of municipal corporations; and (13) Trial judges. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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FIREARMSCARRYING AND POSSESSION; EXEMPTIONS FOR CERTAIN PERSONS. Code Sections 16-11-127.1 and 16-11-130 Amended. No. 896 (House Bill No. 1209). AN ACT To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms; to change the exemption relating to probation personnel and to provide an exemption with respect to certain retired persons who at the time of their retirement exercised probation functions with the Department of Corrections; to provide that certain exemptions shall apply to persons in certain offices regardless of whether such persons are employed full time or engaged in official duties; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety subsection (c) of Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The provisions of this Code section shall not apply to: (1) Competitors while participating in organized sport shooting events;

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(2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (3) The following persons, when acting in the performance of their official duties or when en route to or from their official duties: (A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; and (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; (4) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (5) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or

Page 549

school property or on a bus or other transportation furnished by the school; (6) A weapon which is in a locked container in or a locked firearms rack which is on a motor vehicle which is used to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; (7) 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; (8) 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; (9) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (10) 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 the Division of Probation; (11) Public safety directors of municipal corporations; and (12) State and federal trial and appellate judges. Section 2 . Said part is further amended by striking in its entirety Code Section 16-11-130, relating to exemptions from certain provisions of law relating to the possession and carrying

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of firearms, and inserting in lieu thereof a new Code Section 16-11-130 to read as follows: 16-11-130. (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: (1) Peace officers; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for 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 551

(7) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (8) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the `State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (9) Public safety directors of municipal corporations; (10) State and federal trial and appellate 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. (b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of Division of Probation. (c) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. REVENUESALES AND USE TAX; EXEMPTION FOR SCHOOL SALE OF CONCESSIONS AND TICKETS TO SCHOOL ATHLETIC EVENTS. Code Section 48-8-3 Amended. No. 897 (House Bill No. 562). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by certain schools; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, is amended by striking paragraph (39) which reads as follows: (39) Repealed;, and inserting in its place a new paragraph (39) to read as follows: (39) Sales by any public or private school containing any combination of grades kindergarten through 12 of concessions or of tickets for admission to a school athletic event, provided that the net proceeds from such sales are used solely

Page 553

for the benefit of such public or private school or its students;. Section 2 . This Act shall become effective on July 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. ALCOHOLIC BEVERAGESSTANDARD CASE REDEFINED; CONTAINERS OF 375 AND 50 MILLILITERS; RETAIL SALE; IN-ROOM SERVICE BY HOTELS. Code Sections 3-1-2, 3-4-25, 3-4-90, 3-9-10, and 3-9-11 Amended. No. 898 (House Bill No. 912). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to definitions, so as to change the definition of the term standard case; to amend Code Section 3-4-25, relating to the size of packages which may be sold by retail dealers, so as to change the authorized package size to not less than 50 milliliters; to amend Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally, so as to prohibit retail consumption dealers from buying or selling in packages of 50 milliliters; to provide an exception; to amend Code Section 3-9-10, relating to in-room alcoholic beverage service by a hotel, so as to clarify certain provisions relating to the definition of the term in-room service; to amend Code Section 3-9-11, relating to licenses to provide in-room service, so as to reduce the minimum size of containers which may be sold by in-room service dealers from 200 milliliters to 50 milliliters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 554

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking paragraph (20) of Code Section 3-1-2, relating to definitions, and inserting in lieu thereof a new paragraph (20) to read as follows: (20) `Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. Section 2 . Said title is further amended by striking subsection (a) of Code Section 3-4-25, relating to the size of packages which may be sold by retail dealers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 50 milliliters each. Section 3 . Said title is further amended by striking subsection (a) of Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each county or municipality may authorize, through proper resolution or ordinance, the issuance of licenses to sell distilled spirits by the drink for consumption only on the premises where sold; except as provided in Code Section 3-9-11 for in-room service by hotels, retail consumption dealers shall not buy or sell in packages of 50 milliliters. Section 4 . Said title is further amended by striking subparagraph (B) of paragraph (2) of Code Section 3-9-10, relating

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to in-room service by a hotel, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is deemed to be final at the time requested except for a credit which may be given to the guest for any unused portion. Section 5 . Said title is further amended by striking subsection (d) of Code Section 3-9-11, relating to licenses to provide alcoholic beverages by in-room service, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Distilled spirits sold pursuant to this article shall not be sold in packages containing less than 50 milliliters each. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. CONSERVATIONGEORGIA WATER QUALITY CONTROL ACT; TRANSFER OF SPECIFIED FEDERAL GRANTS TO GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY; DRINKING WATER REVOLVING FUND. Code Section 12-5-38.1 and 50-23-5 Amended. No. 899 (House Bill No. 1262). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Georgia Water Quality Control Act, so as to transfer the administration of certain federal

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grants from the Environmental Protection Division of the Department of Natural Resources to the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Environmental Facilities Authority, so as to authorize the authority to administer certain funds; to provide for matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA Section 1 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Georgia Water Quality Control Act, is amended by striking in its entirety Code Section 12-5-38.1, relating to the administration of certain funds, and inserting in lieu thereof the following: 12-5-38.1. (a) The director is authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority, agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The director is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The director shall administer all funds as provided in this Code section granted to the division prior to federal fiscal year 1994 until such grants are final and complete. All such grants made in or

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after federal fiscal year 1994 shall be administered by the Georgia Environmental Facilities Authority. At the end of federal fiscal year 1994, the administration of the water pollution control revolving fund provided for in subsection (b) of this Code section, and the fund balance, assets, liabilities, and retained earnings shall be transferred to the Georgia Environmental Facilities Authority. (b) Any such funds received from the administrator of the federal Environmental Protection Agency shall be deposited in one or more water pollution control and drinking water revolving funds established by the director. In addition to such federal funds, other nonfederal funds may be deposited in such revolving funds as they become available to the authority. The forms of revolving fund assistance and the manner of administering such funds shall be determined in accordance with rules and regulations promulgated by the Board of Natural Resources. Such funds shall be transferred to the Georgia Environmental Facilities Authority as provided in subsection (a) of this Code section. (c) The director is authorized to contract with any other state agency, authority, board, or commission for the purpose of providing for the management, investment, and disbursement of all funds deposited in the water pollution control and drinking water revolving funds. Section 2 . Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Environmental Facilities Authority, is amended by striking the word and at the end of paragraph (28) of subsection (b); by striking the symbol . at the end of paragraph (29) of subsection (b) and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of subsection (b) the following: (30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by

Page 558

law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established. The forms and administration of such funds shall be established by the authority in accordance with federal requirements. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLESLICENSE PLATES FOR SURVIVORS OF PEARL HARBOR; MINIMUM REQUIREMENT. Code Section 40-2-85 Amended. No. 900 (House Bill No. 1265). AN ACT To amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license

Page 559

plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of applicants 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 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 40-2-85. (a) Motor vehicle owners who are veterans of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941, shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall 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. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically

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authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of 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 remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. Section 2 . This Act shall become effective on January 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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REVENUEAD VALOREM TAXES; DEMAND FOR IMMEDIATE PAYMENT UPON REASONABLE FINDING OF EVIDENCE THAT TAXPAYER INTENDS TO LEAVE OR REMOVE PROPERTY FROM STATE OR COMMIT ACT TENDING TO PREJUDICE COMPUTATION, ASSESSMENT, OR COLLECTION; ASSESSMENT; BOND; MILLAGE RATE. Code Section 48-3-3.1 Enacted. No. 901 (House Bill No. 1267). AN ACT To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for security when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by adding a new Code Section 48-3-3.1 to read as follows: 48-3-3.1. If the tax collector or tax commissioner reasonably finds that a taxpayer gives evidence of intention to leave the state, to remove his or her property from the state, to conceal himself or herself or his or her property, to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any ad valorem tax, whereby it becomes advisable that such proceedings be brought without delay, the tax collector or tax commissioner shall give notice of such finding and demand immediate payment of such tax as may be due. The tax collector or tax commissioner may immediately make an assessment based on the most recently accepted assessment or on a tax assessor's assisted assessment

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and may proceed under the assessment to collect the tax or require the taxpayer to file with him or her a bond satisfactory to the tax collector or tax commissioner as security for payment of the tax. Taxes assessed under this Code section for any tax year for which millage rates applicable to the property have not been established at the time of the assessment shall be based upon the millage rates in effect for the immediately preceding year. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. JUVENILE COURTSASSOCIATE JUDGES; QUALIFICATIONS IN COUNTIES OF 75,000 OR MORE. Code Section 15-11-10 Amended. No. 902 (House Bill No. 1327). AN ACT To amend Code Section 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court judges; 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 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-11-10 to read as follows:

Page 563

15-11-10. (a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. Except as provided in subsection (b) of this Code section, an associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge. (b) In each county having a population of 75,000 or more according to the United States decennial census of 1990 or any such future census and which employs a full-time juvenile court judge, each associate juvenile court judge appointed after July 1, 1994, shall have the same qualifications as required for a judge of the juvenile court as provided in subsection (e) of Code Section 15-11-3; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge. (c) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge. (d) Upon the conclusion of a hearing before an associate juvenile court judge, except detention hearings or probable cause hearings, the associate juvenile court judge shall transmit findings and recommendations for disposition in writing to the judge. Prompt written notice of the findings

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and recommendations, together with copies thereof, shall be given to the parties to the proceedings. (e) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving written notice of the findings and recommendations of the associate juvenile court judge. (f) Unless a rehearing is so ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge. (g) Upon conclusion of a probable cause hearing or detention hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. (h) An associate juvenile court judge of any county of this state shall be vested with the same authority as any judge of this state for the purpose of performing marriage ceremonies. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. MOTOR VEHICLES AND TRAFFICSPOUSES OF DECEASED RETIRED VETERANS; RECEIPT OF PRESTIGE LICENSE PLATES. Code Sections 40-2-84, 40-2-85, and 40-5-85.1 Amended. No. 903 (House Bill No. 1340). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates

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and special plates, so as to provide that the surviving spouse of a veteran who was awarded the Purple Heart citation, of a veteran who survived the attack on Pearl Harbor, or of a retired or other veteran of any war or armed conflict shall be entitled to continue to renew the special license plate for which the deceased veteran was qualified so long as the surviving spouse does not remarry; to provide for editorial revisions; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates, is amended by striking subsection (d) of Code Section 40-2-84, relating to special license plates for veterans awarded the Purple Heart, in its entirety and inserting in lieu thereof the following: (d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of qualifying veteran's death or acquired thereafter, so long as such person does not remarry. Section 2 . Said article is further amended by striking subsection (d) of Code Section 40-2-85, relating to license plates

Page 566

for veterans who survived the attack on Pearl Harbor, in its entirety and inserting in lieu thereof the following: (d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased survivor of the Japanese attack on Pearl Harbor on December 7, 1941, shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. Section 3 . Said article is further amended by striking subsection (d) of Code Section 40-2-85.1, relating to special license plates for retired and other veterans, in its entirety and inserting in lieu thereof the following: (d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized

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license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. Section 4 . Notwithstanding any other provision of law, those persons whose deceased spouse qualified for and obtained a special and distinctive license plate under either Code Section 40-2-84, relating to special license plates for Purple Heart recipients, 40-2-85, relating to special license plates for Pearl Harbor survivors, or 40-2-85.1, relating to special license plates for retired and other veterans, shall be entitled to renew such special and distinctive license plate in 1994, without regard to whether such renewal occurs before the effective date of this Act. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PUBLIC OFFICERS AND EMPLOYEESELIGIBLE VOLUNTARY CHARITABLE ORGANIZATION; DEFINED. Code Section 45-20-51 Amended. No. 904 (House Bill No. 1439). AN ACT To amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions regarding voluntary

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deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to change the definition of the term eligible voluntary charitable organization; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, is amended by striking division (3)(A)(ii) and inserting in its place a new division (3)(A)(ii) to read as follows: (ii) (I) Provides direct and substantial services on a state-wide basis. (II) Is one of the federated charitable organizations that coordinates fund raising and allocations for local charitable organizations in the various geographic areas in which employees are solicited. (III) Is a federation of both state-wide and local organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs. No charitable organization shall be qualified or certified by the State Personnel Board under more than one subdivision of this division;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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MOTOR FUEL TAX LAWEXCISE TAX; EXEMPTION; DISTRIBUTORS; EXEMPTION CERTIFICATES FOR NONHIGHWAY USERS; FALSE CLAIMS OF EXEMPTION; TAX LIABILITY. Code Section 48-9-3 Amended. No. 905 (House Bill No. 1517). 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 the use of exemption certificates for certain sales of fuel for nonhighway use; to provide for an extended time period for which exemption certificates are valid; 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 striking division (b)(7)(B)(ii) of Code Section 48-9-3, relating to levy of an excise tax, in its entirety and inserting in lieu thereof the following: (ii) (I) Any fuel oils or special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type of motor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of

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the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser's exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the distributor sells fuel oils or special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-1, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not purchaser on all sales of that type of fuel to that purchaser; or. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. BANKING AND FINANCEMORTGAGE LENDERS AND BROKERS; LICENSING. Code Title 7, Chapter 1, Article 13 Amended. No. 906 (House Bill No. 1636). AN ACT To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage

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lenders and mortgage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promulgation of rules and regulations; to provide for classes of licenses and fees associated with licenses and registrations; to provide for a fee to be imposed at the closing of mortgage loan transactions subject to regulation under said article; to revise requirements relative to applications; to provide additional requirements relative to licenses issued to applicants having a net worth of certain amounts; to authorize the department to obtain conviction data with respect to applicants and certain persons; to revise provisions relative to the renewal of licenses and registrations; to revise the contents of the license; to provide for notices in connection with acquisitions; to provide for the submission of audited financial statements by certain entities; to provide for disclosures of licensees and registrants in connection with mortgage loans; to revise requirements relative to advertisements; to provide for the suspension of registrations and procedures relative thereto; to authorize administrative fines 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 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mortgage brokers, is amended by striking in its entirety Code Section 7-1-1000, relating to definitions, and inserting in lieu thereof a new Code Section 7-1-1000 to read as follows: 7-1-1000. As used in this article, the term: (1) `Commitment' or `commitment agreement' means a statement by a lender required to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (2) `Extortionate means' means the use or the threat of violence or other criminal means to cause harm

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to the person, reputation of the person, or property of the person. (3) `License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker. (4) `Lock-in agreement' means an agreement whereby a lender required to be licensed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time. (5) `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. (6) `Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead, any conduct which leads to a false belief which is material to the transaction. (7) `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. (8) `Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans. (9) `Mortgage loan' means a loan made to a natural person which loan is secured by a deed to secure debt, security deed, mortgage, or deed of trust upon any interest

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in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. (10) `Person' means any individual, sole proprietorship, corporation, partnership, trust, or any other group of individuals, however organized. (11) `Registrant' means any person required to register under subsection (b) of Code Section 7-1-1001. (12) `Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal residence of a natural person. (13) `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. (14) `Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership 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 attorney, nominees, corporations, associations, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. Section 2 . Said article is further amended by striking Code Section 7-1-1001, relating to exemptions for certain persons and entities and registration requirements, and inserting in lieu thereof a new Code Section 7-1-1001 to read as follows: 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

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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 other than those lenders set forth in paragraph (1) of this subsection, including, but not limited to, subsidiaries and affiliates of financial institutions subject to examination 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 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),

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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 Association; (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 person exempted from the licensing requirements of this article when acting within the scope of employment with the licensee or exempted person; (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; or (13) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article unless such person applies for and is granted an exemption by the department in accordance with regulations promulgated by the department. (b) Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business location in this state and any person claiming an

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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 file an application for renewal of registration with the department on or before October 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. Section 3 . Said article is further amended by striking Code Section 7-1-1003, relating to applications for licenses, and inserting in lieu thereof a new Code Section 7-1-1003 to read as follows: 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. The department, by regulation, may prescribe different classes of licenses for both mortgage brokers and mortgage lenders. (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; (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;

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(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, provided that such bond is required by this paragraph or by subparagraph (d)(2)(B) of Code Section 7-1-1004. 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 noncompliance 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 this paragraph shall not apply to any mortgage broker who provides the department with an audited financial statement prepared by an independent certified public accountant, which statement demonstrates that the broker

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has a bona fide and verifiable tangible net worth of $25,000.00 Section 4 . Said article is further amended by striking subsections (c) through (f) of Code Section 7-1-1004, relating to requirements of licensees, in their entirety and inserting in lieu thereof new subsections (c) through (h) to read as follows: (c) Except as otherwise provided in subsection (d) of this Code section, 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. The department may promulgate regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure. (d) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in addition to all other applicable requirements for licensure under this article: (1) In support of an application for a mortgage lender's license, the applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit, to another mortgage lender prior to the due date of the first payment by the borrower, but in no event later than 45 days after the date of funding; (2) In support of an application for a mortgage lender's license, the applicant shall submit the following to the department:

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(A) Audited financial statements prepared by an independent certified public accountant covering the applicant's most recent fiscal year preceding the date of the application or such other financial data as the department may require that demonstrate that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may require; (B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and which bond shall comply with the requirements for corporate surety bonds set forth in paragraph (2) of subsection (c) of Code Section 7-1-1003; and (C) Evidence of its approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development. (e) 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 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

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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. (f) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. For such purpose, the department may submit to the Georgia Crime Information Center two complete sets of fingerprints of 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, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, `conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. (g) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person

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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. (h) 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. Section 5 . Said article is further amended by striking in its entirety Code Section 7-1-1005, relating to renewal of licenses, and inserting in lieu thereof a new Code Section 7-1-1005 to read as follows: 7-1-1005. (a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on December 31 of each year and application for renewal shall be made annually on or before October 1 of each year. (b) Any licensee or registrant making proper application, including all supporting documents and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration renewal to operate during the following calendar year and filing the application prior to October 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to January 1. (c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration 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. (d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following year,

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including the proper fee accompanying the application, on or before October 1 and who files an application after October 1 may be required to pay, in addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department. Section 6 . Said article is further amended by striking subsection (a) of Code Section 7-1-1006, relating to contents of license, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each license issued under this article shall state the address of the principal place of business in Georgia and the name of the licensee. Section 7 . Said article is further amended by striking in its entirety subsection (c) of Code Section 7-1-1008, relating to change of control, and inserting in lieu thereof a new subsection (c) to read as follows: (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 from 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 by this subsection shall send written notice to the department of such acquisition within 30 days of the closing of such transaction.

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Section 8 . Said article is further amended by striking subsection (b) of Code Section 7-1-1010, relating to annual reports, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each mortgage broker licensed or registered under this article shall submit to the department at least once each year an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond to meet the requirements for licensure in Code Section 7-1-1003, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applications an audited financial statement prepared by an independent certified public accountant. 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, 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. Section 9 . Said article is further amended by striking Code Section 7-1-1011, relating to annual fees, and inserting in lieu thereof a new Code Section 7-1-1011 to read as follows: 7-1-1011. (a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and

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expenses incurred by the state in providing the examinations and supervision required by this article and which fees may vary according to whether a person is a licensee or registrant or is a mortgage broker or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender. (b) (1) As used in this subsection, the term `collecting agent' means the person listed as the secured party on a security deed or other loan document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mortgage loan transaction. (2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Funds collected by the department pursuant to this subsection shall be deposited in the general fund of the state in the same manner as license fees and other fees collected by the department. (3) The fee imposed by this subsection shall be a debt from the borrower to the collecting agent until such surcharge is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee. Section 10 . Said article is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 7-1-1014, relating to disclosures, and inserting in lieu thereof new paragraphs (1) and (3) to read as follows: (1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any thirdparty fee such as a property appraisal fee, credit report fee,

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or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. Section 11 . Said article is further amended by striking paragraphs (2) and (3) of Code Section 7-1-1016, relating to regulations relative to advertising, and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) All advertisements disseminated primarily in this state 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 disseminated primarily in this state, whether print or electronic, without the words `Georgia Residential Mortgage Licensee.' Section 12 . Said article is further amended by striking in its entirety Code Section 7-1-1017, relating to suspension and revocation of licenses, and inserting in lieu thereof a new Code Section 7-1-1017 to read as follows: 7-1-1017. (a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration 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 or registrant 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 or registrant's business in this state as a mortgage lender or mortgage broker.

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(b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail addressed to the principal place of business of such applicant, licensee, or registrant. 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, licensee, or registrant 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 or registration 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, licensee, or registrant. (c) A decision of the department denying a license or registration, 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 or registration 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 or registration 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 or registration 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 or registration.

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Section 13 . Said article is further amended by adding at the end of Code Section 7-1-1018, relating to orders to cease and desist, a new subsection (f) to read as follows: (f) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article. Section 14 . Said article is further amended by adding following Code Section 7-1-1020, relating to construction, a new Code Section 7-1-1021 to read as follows: 7-1-1021. The department may promulgate regulations governing the use and contents of lock-in agreements and commitment agreements. Section 15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA SPORTS HALL OF FAMESTATUTES RELATING TO NONPROFIT CORPORATIONS APPLICABLE TO BOARD. Code Section 50-12-63.1 Enacted. No. 907 (House Bill No. 1936). 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 provide that certain nonprofit corporation

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statues shall apply to the Georgia Sports Hall of Fame Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 adding at the end thereof a new Code Section 50-12-63.1 to read as follows: 50-12-63.1. The applicable statutes of this state, whether now or hereafter in effect, relating to the powers of nonprofit corporations and to meetings and actions of the board of directors of nonprofit corporations shall apply to the board. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. REGISTERED PROFESSIONAL NURSESLOANS TO OBTAIN DEGREES. Code Section 20-3-374 Amended. No. 908 (House Bill No. 1103). AN ACT To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, so

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as to provide for such loans for persons to obtain degrees to practice as registered professional nurses for the Department of Human Resources or county boards of health; to provide for legislative findings; to provide for terms and conditions of such loans; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, is amended by adding at the end of paragraph (1) of subsection (b) thereof the following: (C) The authority is authorized to make service cancelable educational loans to residents of this state enrolled in a course of study leading to a baccalaureate or advanced nursing degree to practice as a registered professional nurse for the Department of Human Resources or any county board of health, it being found by the General Assembly that a shortage exists of such personnel. The maximum loan amount under this subparagraph for full-time students shall not exceed $10,000.00 per academic year. Such loans shall be conditioned upon the student's understanding and agreement that the educational loan is to be repaid by the student, if the student completes the approved program of study, by practicing as a registered professional nurse as an employee of the Department of Human Resources or a county board of health for a period of two years for each academic year of study or its equivalent for which a loan is made to the student under this paragraph, or otherwise in cash with interest thereon in accordance with the terms of the promissory note executed by the student. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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GEORGIA AGRICULTURAL EXPOSITION AUTHORITYVENUE OF ACTIONS. Code Section 12-3-481 Amended. No. 909 (House Bill No. 1191). AN ACT To amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions involving the authority; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA Section 1 . Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, is amended by striking Code Section 12-3-481, relating to legal actions involving the authority, and inserting in its place a new Code section to read as follows: 12-3-481. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Houston County, Georgia; and such court shall have exclusive, original jurisidiction of such actions. Furthermore, the venue for actions brought against the authority shall be in the Superior Court of Houston County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to all actions filed on or after such effective date.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. GEORGIA CODE OF PUBLIC TRANSPORTATIONSTATE HIGHWAY ENGINEER REDESIGNATED AS CHIEF ENGINEER. Code Sections 32-2-1, 32-2-21, 32-2-41, 32-2-42, 32-2-60, 32-2- 65, 32-2-69, 32-2-75, 32-10-7, 32-10-8, and 32-10-63 Amended. No. 910 (House Bill No. 1318). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, known as the Georgia Code of Public Transportation, so as to change the name of the state highway engineer to the chief engineer; 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 Offical Code of Georgia Annotated, known as the Georgia Code of Public Transportation, is amended by striking Code Section 32-2-1, relating to the composition of the department, in its entirety and inserting in lieu thereof the following: 32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the deputy commissioner of transportation, the cheif engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner. Section 2 . Said title is further amended by striking paragraph (3) of Code Section 32-2-21, relating to the powers

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and duties of the board, in its entirety and inserting in lieu thereof the following: (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner, the chief engineer, and the treasurer and the assistant treasurer of the department; and Section 3 . Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner, in its entirety and inserting in lieu thereof the following: (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and Section 4 . Said title is further amended by striking subsections (b) and (d) of Code Section 32-2-42, relating to the deputy commissioner of transportation, state highway engineer, treasurer, and assistant treasurer, in their entirety and inserting in lieu thereof the following: (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge

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of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner. Section 5 . Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 32-2-60, relating to the authority to contract, form and content of construction contracts, and federal-aid highway contracts, in its entirety and inserting in lieu thereof the following: (2) Whenever an alteration materially increases or decreases the scope of the work specified in the contract, a supplemental agreement acceptable to both parties shall be made. In the absence of a supplemental agreement acceptable to both parties, the department may direct that the work be done either by force account or at existing contract prices. Any force account agreement shall be in writing, specifying the terms of payment signed by the chief engineer, and agreed to in writing by the contractor. Section 6 . Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 32-2-65, relating to the advertising for bids, in its entirety and inserting in lieu thereof the following: (3) The terms and time of payment, including a statement that final payment of amounts withheld or deposited in escrow need not be made until the issuance of the chief engineer's certification of satisfactory completion of work and acceptance thereof, as provided in Code Sections 32-2-75 through 32-2-77; Section 7 . Said title is further amended by striking subsection (b) of Code Section 32-2-69, relating to the awarding of contracts to lowest reliable bidder, procedure upon rejection of bids, receipt of only one bid, error in bidding documents, or release or refusal of acceptance by lowest reliable bidder, in its entirety and inserting in lieu thereof the following: (b) If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's cost estimate for the project as certified by the chief engineer, such cost estimate shall be read immediately and

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publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is disclosed to the bidder prior to the beginning of the negotiations. Section 8 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 32-2-75, relating to contract clauses for retainage of amounts constituting a percent of gross value of completed work and time of final payment of retained amounts to contractor, in its entirety and inserting in lieu thereof the following: (1) `Engineer' means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Tollway Authority. Section 9 . Said title is further amended by striking Code Section 32-10-7, relating to the letting of construction contracts by competitive bids, in its entirety and inserting in lieu thereof the following: 32-10-7. All contracts of the authority for the construction of any project authorized by this article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the department, as set forth in Code Sections 32-2-64 through 32-2-72. However, subject to the restriction on the subletting of negotiated contracts as contained in Code Section 32-2-61, the authority may contract with any county or other political subdivision of the state for the construction of any project situated wholly or partly within such subdivision, upon agreed terms; but the work provided for by such contract shall be at unit prices which shall not exceed the average of the unit prices submitted in the immediately preceding 60 days by competitive bidders for similar work to the department or the authority, whichever may be lower, as determined and averaged by the chief engineer or his or her designated subordinate. Section 10 . Said title is further amended by striking subsection (c) of Code Section 32-10-8, relating to the initiation

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of projects, preliminary expenses, and selection of projects, in its entirety and inserting in lieu thereof the following: (c) The surveys, plans, and specifications for any action taken by the authority with respect to any project shall be prepared by the department, and the engineering and construction supervision shall be performed by the department unless the board specifically authorizes the authority to do so with its own employees and agents. In any event, all such plans and specifications shall be approved by the chief engineer before work is entered upon pursuant to this subsection. Section 11 . Said title is further amended by striking subparagraph (D) of paragraph (5) of Code Section 32-10-63, relating to the power of the authority, in its entirety and inserting in lieu thereof the following: (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects; Section 12 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. REVENUEINCOME TAXES; WITHHOLDING FOR PERIODIC PAYMENTS; REVENUE COMMISSIONER AUTHORIZED TO PROMULGATE RULES AND REGULATIONS; ELECTIONS NOT TO WITHHOLD. Code Sections 48-7-100 and 48-7-101 Amended. No. 911 (House Bill No. 1363). 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,

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so as to change certain provisions regarding special withholding requirements; to provide for withholding requirements with respect to certain periodic payments; to provide for a definition; 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 (8) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraph (8.1), to read as follows: (8.1) `Periodic payment' means a designated distribution from a pension, annuity, or similar fund which is one of a series of substantially equal distributions made over: (A) The life or life expectancy of the participant or the joint lives or joint life expectancies of the participant and his or her beneficiary; or (B) A specified period of ten years or more. Section 2 . Said article is further amended by striking subsection (h) of Code Section 48-7-101, relating to income tax withholding, which reads as follows: (h) Special withholding requirements . Withholding taxes with respect to pensions, annuities, taxable fringe benefits, interest, and dividends shall be deducted and withheld under this article in the same manner as required under the Internal Revenue Code of 1986., and inserting in its place a new subsection (h) to read as follows: (h) Withholding requirements for periodic payments . (1) The payor of any periodic payment as defined in paragraph (8.1) of Code Section 48-7-100 shall withhold

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from such payment the amount which would be required to be withheld if such payment were a payment of wages by an employer to an employee for the appropriate payroll period. (2) The payee of any periodic payment may elect to have paragraph (1) of this subsection not apply with respect to periodic payments made to such payee. Such an election shall remain in effect until revoked by the payee. (3) The commissioner is authorized to prescribe forms and to promulgate rules and regulations setting forth the requirements for withholding from such periodic payments and the requirements for making elections not to withhold. 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 taxable years beginning on or after January 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. REVENUEINCOME TAXES; LOTTERY PRIZES TO NONRESIDENTS TAXABLE. Code Sections 48-7-1, 48-7-20, and 48-7-30 Amended. No. 912 (House Bill No. 1368). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income

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of taxable nonresidents; to change the definition of taxable nonresident; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new subparagraph at the end of paragraph (11) of Code Section 48-7-1, relating to definitions regarding income taxes, to be designated subparagraph (C), to read as follows: (C) Every individual who is not otherwise a resident of this state for income tax purposes and who receives the proceeds of any lottery prize awarded by the Georgia Lottery Corporation. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 48-7-20, relating to individual tax rates, and inserting in its place a new subsection (a) to read as follows: (a) A tax is imposed upon every resident of this state with respect to the Georgia taxable net income of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to such nonresident's Georgia taxable net income not otherwise exempted which is received by the taxpayer from services performed, property owned, proceeds of any lottery prize awarded by the Georgia Lottery Corporation, or from business carried on in this state. Except as otherwise provided in this chapter, the tax imposed by this subsection shall be levied, collected, and paid annually. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 48-7-30, relating to taxation of net income of nonresidents, and inserting in its place a new subsection (a) to read as follows: (a) The tax imposed by this chapter shall apply to the entire net income of a taxable nonresident derived from

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employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this state including, but not limited to, the rental of real or personal property located within this state or for use within this state, the sale, exchange, or other disposition of tangible or intangible property having a situs in this state, and the receipt of proceeds of any lottery prize awarded by the Georgia Lottery Corporation. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1994. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. LOTTERYRETAILERS; QUALIFICATIONS; CRIMINAL CONVICTIONS. Code Section 50-27-17 Amended. No. 913 (House Bill No. 1379). AN ACT To amend Code Section 50-27-17 of the Official Code of Georgia Annotated, relating to the state-wide network of retailers and qualifications of retailers pursuant to the Georgia Lottery for Education Act, so as to change the provisions relating to qualifications of lottery retailers; 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 50-27-17 of the Official Code of Georgia Annotated, relating to the state-wide network of

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retailers and qualifications of retailers pursuant to the Georgia Lottery for Education Act, is amended by striking in its entirety subparagraph (e)(2)(B) and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Has been convicted of any illegal gambling activity, false statements, false swearing, or perjury in this or any other jurisdiction or convicted of any crime punishable by more than one year of imprisonment or a fine of more than $1,000.00 or both unless the person's civil rights have been restored and at least five years have elapsed from the date of the completion of the sentence without a subsequent conviction of a crime described in this subparagraph;. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994. GAME AND FISHDOMESTIC SPECIES; LIBERATION OF DOMESTIC FISH; LICENSES FOR FISHING IN PRIVATE PONDS; BILLS OF LADING; REGISTRATION FOR SELLERS OF DOMESTIC FISH; EXPIRATION. Code Sections 27-1-2, 27-2-14, 27-4-30, 27-4-74, 27-4-75, and 27-4-256 Amended. No. 914 (House Bill No. 1382). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of persons who fish in private ponds owned or operated by certain governmental

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entities; to require persons in possession of game fish from wholesale or retail fish dealers to possess a bill of sale or lading; to require dates on bills of sale or lading for game fish and domestic fish obtained from commercial fish hatcheries, wholesale fish dealers, retail fish dealers, or registered aquaculturists or for game fish shipped into the state; to provide for the expiration of certificates of registration for aquaculturists; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (23) of Code Section 27-1-2, relating to definitions relative to game and fish, and inserting in lieu thereof the following: (23) `Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be `domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish. Section 2 . Said title is further amended by striking in its entirety Code Section 27-2-14, relating to liberation-of-wildlife permits, and inserting in lieu thereof the following:

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27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish except into private ponds except under permit from the department. Section 3 . Said title is further amended by striking in its entirety Code Section 27-4-30, relating to fishing in private ponds, and inserting in lieu thereof the following: 27-4-30. The owner of a private pond, the owner's family, or tenants with the owner's consent shall be permitted to fish within the bounds of the pond at any time and in any manner without a fishing license. All other persons shall be required to obtain fishing licenses to fish within the bounds of a private pond as provided in this title unless the fish in the private pond are `domestic fish' as defined in paragraph (23) of Code Section 27-1-2. For the purposes of this Code section, the term `private pond' shall not include ponds owned by city or county governments, the State of Georgia, the United States, or authorities or political subdivisions of such governments. Section 4 . Said title is further amended by striking in its entirety paragraph (b) of Code Section 27-4-74 relating to the sale, purchase, or transportation of game fish generally, and inserting in lieu thereof the following: (b) Game fish shipped into this state and accompanied by a bona fide bill of sale or lading giving the date of the transaction, the details of the source of the fish and the species, number, and pounds thereof may be lawfully transported, sold, and resold, provided each person in possession thereof has the bill of sale or lading and has otherwise complied with this Code section and any regulations promulgated pursuant to this Code section. Section 5 . Said title is further amended by striking in its entirety subsection (b) of Code Section 27-4-75, relating to the sale of fish by commercial fish hatcheries and related matters, and inserting in lieu thereof the following:

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(b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length. Section 6 . Said title is further amended by striking in its entirety Code Section 27-4-256, relating to registration of the sellers of domestic fish, and inserting in lieu thereof the following: 27-4-256. The Department of Natural Resources shall register sellers of domestic fish under the applicable provisions of this article. Such registration shall expire on April 1 following the second anniversary of registration; provided, however, that such registration shall expire 30 days following any change in the status of any information required by the provisions of this article or by any rule or regulation adopted pursuant to this article to be reported to the department. The department shall issue to registrants who update their registration new certificates of registration for the full period of registration provided for in this Code section. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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MOTOR VEHICLES AND TRAFFICARRESTS, TRIALS, AND APPEALS PROVISIONS NOT APPLICABLE TO CITY COURT OF ATLANTA. Code Section 40-13-20 Amended. No. 915 (House Bill No. 1872). AN ACT To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that the provisions of such article shall not be applicable to the City Court of Atlanta; 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 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, is amended by striking Code Section 40-13-20, relating to the definition of municipal courts, and inserting in lieu thereof a new Code Section 40-13-20 to read as follows: 40-13-20. As used in this article, the term `municipal courts' shall be construed to include municipal courts of the incorporated municipalities of this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994.

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GAME AND FISHRED DRUM SALT-WATER FINFISH OVER 27 INCHES LONG; TAKING PROHIBITED. Code Section 27-4-130.1 Amended. No. 916 (House Bill No. 1513). AN ACT To amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and size limits of certain salt-water finfish species, so as to prohibit the taking or possession of a red drum salt-water finfish which is in excess of 27 inches in total length; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and size limits of certain salt-water finfish species, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) The board shall establish open seasons and creel and possession limits within the maximums specified in this subsection and shall establish minimum sizes within the range specified in this subsection; provided, however, that it shall be unlawful to have in one's possession or take from the salt waters of this state any red drum in excess of 27 inches in total length. After October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finfish species except in accordance with the creel and possession limits and minimum sizes so established for such species:

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Species Maximum Open Season Maximum Daily Creel And Possession Limit Range of Minimum Sizes (1) Spanish mackerel Mar. 16Nov. 30 40 1018 inches (2) King mackerel All year 15 1535 inches (3) Cobia Mar. 16Nov. 30 10 2040 inches (4) Red snapper All year 20 1220 inches (5) Gag grouper All year 20 1220 inches (6) Amberjack Mar. 16Dec. 31 10 2050 inches (7) Black sea bass All year No limit 815 inches (8) Bluefish Mar. 16Nov. 30 25 1220 inches (9) Sheepshead All year 50 816 inches (10) Sailfish All year 5 5080 inches * * lower jaw-fork length (11) Blue marlin All year 5 7590 inches* (12) White marlin All year 5 5580 inches* (13) Tarpon Mar. 16Nov. 30 5 2040 inches (14) Atlantic sturgeon Jan. 1June 30 5 2486 inches (15) Spotted sea trout All year 25 12 inches (16) Red drum All year 25 14 inches (17) Dolphin All year 15 1224 inches Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994. COURTSGRAND JURIES; NUMBER OF ALTERNATE GRAND JURORS; DUTIES REGARDING INSPECTION OF COUNTY BUILDINGS, JAILS, AND OPERATIONS OF COUNTY OFFICIALS AND SCHOOLS; DISCLOSURES TO GRAND JURY TO SALE OF PROPERTY TO POLITICAL SUBDIVISION BY LOCAL OFFICER OR EMPLOYEE; APPOINTMENT AS SPECIAL JUDGES OF SUPERIOR COURT JUDGES REMOVED BY FEDERAL COURT ORDER. Code Sections 15-10-20, 15-12-71, 15-12-78, and 16-10-6 Amended. Code Sections 15-6-85, 15-12-75, 15-12-76, 15-12-79, 20-2-112, 20-2-394, and 36-9-10 Repealed. No. 929 (Senate Bill No. 31). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 16, relating to crimes and offenses, Title 20, relating to education, and Title 36, relating to

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local government, so as to change the provisions relating to the powers and duties of grand juries; to change the number of alternate grand jurors; to change the provisions relating to reports to grand juries by public officials, officers, employees, and entities and the inspection of public offices and their operations records, papers, funds, and property by grand juries; to change the provisions relating to presentments by grand juries and the contents and publication thereof; to provide that under certain circumstances a superior court judge who is removed from office as a result of federal court order shall become a special judge of the magistrate court; to provide for the term, compensation, service, and powers and duties of any such special judge of the magistrate court; to change provisions relating to certain property sales and reports thereof; to provide for other matters relating to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-85, relating to inspection of the office of the clerk of the superior court by the grand jury and reports thereon, which reads as follows: 15-6-85. The offices of the clerks of the superior courts are subject to an examination by the grand juries, their committees, or any person whom they may specially empower to report to the same, or to a succeeding grand jury, or to the judge of the superior court. Those examining the offices shall submit in writing the condition thereof and shall specify any neglect of duty or anything done by the clerks which is wrong or corrupt., and inserting in lieu thereof the following: 15-6-85. Reserved. Section 2 . Said title is further amended by adding at the end of Code Section 15-10-20, relating to judges of the magistrate courts, a new subsection (i) to read as follows:

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(i) (1) Any person who is holding office on January 1, 1994, as a judge of the superior courts of this state, whether within the term for which elected or appointed or otherwise, and who subsequent to such date and prior to December 31, 1996, is effectively removed from such office by federal court order shall upon such removal become a special judge of the magistrate court as provided for in this subsection. As used in this subsection, the term `federal court order' shall mean only an order of a federal court which is entered in a civil action challenging under federal law or federal constitutional provisions (or both) the validity of the manner of selection of superior court judges in this state. A person shall be considered as effectively removed from office by such an order if the order by its terms prohibits such person's continued service as a judge of the superior courts without by the terms of the order allowing such person a meaningful opportunity to seek an appointment or election as a judge of the superior courts which would take effect within 30 days following such removal. Nothing in this subsection shall apply with respect to any removal from office resulting from criminal conduct or other malfeasance on the part of the person removed from office. (2) Any person becoming a special judge of the magistrate court pursuant to this subsection shall become a special judge of the magistrate court of the county in which such person resides. Any such special judge of the magistrate court shall serve for a term of office expiring December 31, 1996. The Governor shall issue to each such special judge of the magistrate court a commission stating the date of commencement and expiration of such term of office. (3) Any special judge of the magistrate court serving pursuant to this subsection shall have all the same powers and duties as any other judge of such magistrate court. (4) Any special judge of the magistrate court serving pursuant to this subsection shall be compensated and reimbursed for expenses in such amount or amounts

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as are now or hereafter provided by law for a judge of the superior courts, such compensation to be payable from state funds in the same manner as now or hereafter provided by law for a judge of the superior courts. (5) The provisions of this subsection shall control over any other conflicting provisions of this chapter. Section 3 . Said title is further amended by striking Code Section 15-12-61, relating to number of grand jurors, and inserting in its place the following: 15-12-61. (a) A grand jury shall consist of not less than 16 nor more than 23 persons. The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment. Three alternate grand jurors may be sworn and, subject to the maximum number herein fixed, may serve when any grand juror dies, is discharged for any cause, becomes ill, or is for other cause absent during any sitting. Alternate grand jurors may serve as members of inspection and examination committees with the same authority and responsibilities as grand jurors and without regard to the maximum limitation on the number of grand jurors fixed herein. However, nothing in this Code section shall limit the authority of a judge of the superior court to replace a grand juror. (b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the immediately preceding grand jury shall receive the same compensation as do other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service.

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Section 4 . Said title is further amended by striking Code Section 15-12-71, relating to duties of the grand jury, which reads as follows: 15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as by the law it is required to perform. (b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspection if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include: (1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository; (2) The duty, as specified by Code Section 15-12-78, to inspect the county jail; (3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate court, county treasurer, clerk of the superior court, and sheriff; (4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and (5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriff's jail report., and inserting in lieu thereof the following:

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15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county. (b) (1) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the district attorney, the judge of the probate court, and the county treasurer or county depository. (2) In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing. (3) The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80. (4) The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section. Such citizen shall be compensated at the same rate that a grand juror is compensated. (c) Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence. If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court

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judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require. If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting. (d) The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section. Section 5 . Said title is further amended by striking Code Section 15-12-75, relating to inspection of offices and records of certain county officials by the grand jury, which reads as follows: 15-12-75. (a) In addition to the duties of the grand jury as indicated in the oath administered to them and as required by law, it shall be their special duty, from term to term of the superior court, to inspect and examine the offices, papers, books, records of, and receipts and disposition of all money arising from fines and forfeitures by the clerk of the superior court, district attorney, and the judge of the probate court and also the books, papers, records, accounts, and vouchers of the county treasurer or depository, as the case may be, and to cause any such clerk, district attorney, judge of the probate court, or county treasurer or depository who has failed or neglected to do his duty as required by law to be presented for nonperformance of official duty. (b) In making up their general presentments, they shall also take proper notice of the matters brought to their attention by the report and books of the county school superintendent., and inserting in lieu thereof the following: 15-12-75. Reserved.

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Section 6 . Said title is further amended by striking Code Section 15-12-76, relating to appointment of a citizen or citizen committee by the grand jury to examine the offices and records of certain county officials, which reads as follows: 15-12-76. (a) The grand jury, when they deem it necessary, may appoint as a committee any one or more citizens of the county to inspect and examine the offices, papers, books, records, accounts, and vouchers of the county governing authority, the clerk of the superior court, the county treasurer or depository, the tax collector, the tax receiver, the county school superintendent, the sheriff, and all other county officers. If any of the officers are the custodians of county funds by virtue of their offices or have in their possession funds belonging to the county, they shall exhibit them to the committee. It shall be the duty of the committee to count the same and to make a full and complete report of the finances, disbursements, and conditions of the several offices to the grand jury at the succeeding term of the superior court. (b) The person or persons so appointed to inspect and examine shall have power to take full control of the offices, papers, books, records, accounts, and vouchers of the several different offices; to compel the attendance of witnesses; and to hear evidence in regard to fraud, the nonperformance of official duty, and the improper disbursement of county funds. (c) If any officers refuse to produce such papers, books, records, accounts, and vouchers, it shall be the duty of the judge of the superior court of the county, upon evidence being adduced, to enforce this Code section by mandamus or attachment, as the case may require. If any officers fail or refuse to exhibit to the committee the funds on hand or claimed by them to be on hand, upon presentation of that fact to the judge of the superior court by the committee it shall be his duty to compel the delivery of the funds to the committee for the purpose of counting the same, by mandamus or attachment., and inserting in lieu thereof the following: 15-12-76. Reserved.

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Section 7 . Said title is further amended by striking Code Section 15-12-78, relating to inspection of county jails, and inserting in its place a new Code section to read as follows: 15-12-78. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular inspection provided for in Code Section 15-12-71 and in their general presentments shall make such recommendations to the county governing authorities as may be necessary to provide for the proper heating and ventilation of the jails, which recommendations the county governing authorities shall strictly enforce. The grand juries shall also make such presentments as to the general sanitary condition of the jails and the treatment of the inmates as the facts may justify. Section 8 . Said title is further amended by striking Code Section 15-12-79, relating to inspection of public buildings, property, and records and reports thereon, which reads as follows: 15-12-79. The first or second grand jury impaneled in each calendar year shall inspect all the public buildings and other property of the county and the county records and shall report their condition in the general presentments. There shall be only one such inspection in a calendar year unless the inspecting grand jury or a grand jury impaneled later in the same year deems it necessary to inspect the property more than once during the same year., and inserting in lieu thereof the following: 15-12-79. Reserved. Section 9 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-10-6, relating to the sale of real or personal property to a political subdivision by a local officer or employee, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Subsection (a) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar quarter; (2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or (3) Sales of real property in which a disclosure has been made: (A) To the judge of the probate court of the county in which the purchasing political subdivision is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision is partially included and which shall have been designated by the purchasing political subdivision to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county; (B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; (C) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency, the purchase price, and location of the property. Section 10 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-112, relating to annual reports by county school

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superintendents to grand juries and inspection of books, which reads as follows: 20-2-112. It shall be the duty of the county school superintendent to make a report of the school operations of the preceding fiscal year to the grand jury at the fall term of the superior court and to place his books before them for examination; and in making up the general presentments it shall be the duty of the jury to take proper notice of the matters thus brought to their attention., and inserting in lieu thereof the following: 20-2-112. Reserved. Section 11 . Said title is further amended by striking Code Section 20-2-394, relating to information in reports to grand juries, which reads as follows: 20-2-394. At the opening term of the superior court of each county where money has been borrowed by the county board of education under this part, the county school superintendent shall include in his report to the grand jury the amount of money so borrowed during the preceding year, from whom borrowed, the rate of interest paid, the date or dates the money was borrowed, and when paid back., and inserting in lieu thereof the following: 20-2-394. Reserved. Section 12 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-9-10, relating to inspection of county buildings, property and records by the grand jury, which reads as follows: 36-9-10. It shall be the duty of the grand juries to inspect all the public buildings and other property of the county and the county records and to report in their general presentments their condition., and inserting in lieu thereof the following: 36-9-10. Reserved.

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Section 13 . Section 2 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 1 and Sections 3 through 12 of this Act shall become effective July 1, 1994. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1994. PUBLIC RECORDSAGENCY REDEFINED TO INCLUDE ORGANIZATIONS OF COUNTIES, CITIES, OR SCHOOL DISTRICTS WHICH DERIVE SUBSTANTIAL PORTION OF BUDGET FROM SUCH POLITICAL SUBDIVISIONS. Code Section 50-18-70 Amended. No. 955 (House Bill No. 1313). AN ACT To amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, so as to redefine certain terms; to provide for the applicability of the open records law to records of certain governmental associations; to provide for the applicability of the law to public records; 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 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:

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(a) As used in this article, the term `public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. `Public records' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure. Provided, further, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. As used in this article, the term `agency' or `public agency' or `public office' shall have the same meaning and application as provided for in the definition of the term `agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from payments from such political subdivisions. (b) All public records of an agency as defined in subsection (a), except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen. Section 2 . This Act shall become effective upon its approval by the Governor 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 29, 1994.

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COMPENSATIONMINIMUM SALARIES; INCREASES; LONGEVITY; CLERKS OF SUPERIOR COURTS; JUDGES OF PROBATE COURTS; SHERIFFS; TAX COLLECTORS AND COMMISSIONERS; FEES IN COUNTIES OF 45,000 OR MORE. Code Sections 15-6-88, 15-6-90, 15-9-63, 15-9-65, 15-16-20, and 48-5-183 Amended. No. 956 (House Bill No. 1710). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the minimum annual salaries of clerks of the superior courts, judges of the probate courts, and sheriffs; to change the population brackets for such salaris; to change the effective date of cost-of-living increases in such salaries; to provide for general performance based increases in such salaries; to clarify the method of calculating longevity increases; to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax commissioners and tax collectors, so as to provide that such officials in certain counties shall not be entitled to certain fees; to change the minimum annual salaries and population brackets for such salaries of tax collectors and tax commissioners; to change the effective date of cost-of-living increases in such salaries; to provide for general performance based increases in such salaries; to clarify the method of calculating longevity increases; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsections (a) and (b) of Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in lieu thereof new subsections to read as follows: (a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed

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according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 18,440.00 6,00011,889 25,324.00 11,89019,999 28,687.00 20,00028,999 30,735.00 29,00038,999 32,783.00 39,00049,999 34,833.00 50,00074,999 36,883.00 75,00099,999 37,907.00 100,000149,999 38,931.00 150,000199,999 39,956.00 200,000249,999 40,980.00 250,000299,999 56,672.00 300,000 or more 62,560.00 (b) On and after July 1, 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of

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longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. Section 2 . Said title is further amended by striking in its entirety subsection (a) of Code Section 15-6-90, relating to longevity increases for clerks of the superior courts, and inserting in lieu thereof a new subsection to read as follows: (a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105, as increased by subsection (b) of Code Section 15-6-88, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed fouryear terms of office served by any clerk after December 31, 1976, effective the first day of January following the completion of each such period of service. Section 3 . Said title is further amended in Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection to read as follows:

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(a) (1) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 17,366.00 6,00011,889 22,930.00 11,89019,999 25,471.00 20,00028,999 28,139.00 29,00038,999 31,131.00 39,00049,999 32,836.00 50,00074,999 35,337.00 75,00099,999 38,924.00 100,000149,999 42,511.00 150,000199,999 47,359.00 200,000249,999 52,207.00 250,000299,999 54,555.00 300,000 or more 56,903.00 (2) On and after July 1, 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code

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Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. Section 4 . Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases for judges of the probate courts, and inserting a new Code section to read as follows: 15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided

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in Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail. Section 5 . Said title is further amended in Code Section 15-16-20, relating to minimum annual salaries of sheriffs, by striking subsections (a) and (b) in their entirety and inserting in lieu thereof new subsections to read as follows: (a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 25,990.00 6,000 - 11,889 29,002.00 11,890 - 19,999 33,305.00 20,000 - 28,999 36,673.00 29,000 - 38,999 40,040.00 39,000 - 49,999 43,410.00 50,000 - 74,999 46,777.00 75,000 - 99,999 48,367.00 100,000 - 149,999 49,957.00 150,000 - 199,999 51,735.00 200,000 - 249,999 53,513.00 250,000 - 299,999 58,574.00 300,000 - and up 65,412.00 (2) On and after July 1, 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code

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Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any sheriff after

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December 31, 1976, effective the first day of January following the completion of each such period of service. Section 6 . Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to salaries of tax collectors and tax commissioners, is amended by striking in their entirety subsections (a), (b), and (d) and inserting in lieu thereof new subsections to read as follows: (a) Nothing contained in this Code section shall apply to any tax commissioner or tax collector who is compensated by the fee system of compensation in lieu of a fixed salary. On and after January 1, 1995, no tax collector or tax commissioner in a county having a population of 45,000 or more shall be entitled to fees authorized by Code Section 48-5-180 or Code Section 40-2-33. (b) (1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 17,025.00 6,000 - 11,889 21,273.00 11,890 - 19,999 23,983.00 20,000 - 28,999 25,540.00 29,000 - 38,999 27,664.00 39,000 - 49,999 30,850.00 50,000 - 74,999 36,180.00 75,000 - 99,999 38,835.00 100,000 - 149,999 41,489.00 150,000 - 199,999 44,302.00 200,000 - 249,999 47,114.00 250,000 - 299,999 50,811.00 300,000 and more 54,507.00

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(2) On and after July 1, 1994, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the

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amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (d) The amounts provided in paragraph (1) of subsection (b) of this Code section, subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212, as increased by paragraph (2) of subsection (b) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any tax collector or tax commissioner after December 31, 1976, effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in this Code section, in which event this Code section shall prevail. This Code section shall not be construed to reduce the salary of any tax collector or tax commissioner in office on July 1, 1991; provided, however, that successors to such tax collectors and tax commissioners in office on July 1, 1991, shall be governed by the provisions of this Code section. The minimum salaries provided for in this Code section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Code section. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1994.

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PUBLIC UTILITIESFEES FOR ENTITIES SUBJECT TO PUBLIC SERVICE COMMISSION; APPORTIONMENT; GAS UTILITIES; GAS SUPPLY PLANS; ADJUSTMENT FACTORS AND RATES; HEARINGS; BURDEN OF PROOF; WHEN EFFECTIVE BY OPERATION OF LAW; FILLINGS; JUDICIAL REVIEW; COMMISSION AUTHORITY; FRAUD AND WILLFUL OR IMPRUDENT CONDUCT; COST RECOVERY. Code Section 46-2-10 Amended. Code Section 46-2-26.5 Enacted. No. 957 (House Bill No. 1672). AN ACT To amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the provisions relating to the payment of a special fee by corporations and utilities subject to the jurisdiction of the commission; to provide that such special fee shall be fixed according to the gross revenues of each public service corporation or utility resulting from intrastate service regulated by the commission; to provide that certain revenues shall not be included in the gross revenues of telephone utilities; to provide that certain revenues shall not be included in the gross revenues of local exchange companies; to provide for notice of amount due; to repeal certain provisions relating to revised apportionment based on appeal; to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers; to define certain terms; to provide procedures for determining purchased gas adjustment rates; to provide that on or before August 1 of each year, each gas utility shall file with the commission its gas supply plan for the following recovery year; to provide for certain information and factors to be included in such filings; to provide for hearings conducted by the commission; to provide that a gas utility has the burden of proof to show that a proposed gas supply plan and adjustment factors are appropriate; to provide that adjustment factors shall be set at levels appropriate to account for underrecoveries and overrecoveries during the preceding recovery year; to provide that under

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certain circumstances a gas supply plan and adjustment factors proposed by a gas utility shall become effective by operation of law; to require gas utilities to file with the commission information relating to purchased gas costs and accumulated purchased gas costs during a recovery year and data available showing monthly and accumulated overrecoveries and underrecoveries of actual purchased gas costs resulting from application of its purchased gas adjustment rate; to provide for revisions in adjustment factors; to provide for judicial review of orders of the commission; to limit the authority of the commission with respect to purchased gas adjustment rates after certain actions by federal regulatory agencies; to authorize gas utilities to recover certain purchased gas costs except where there is fraud or willful misconduct by the gas utility; to provide an exception with respect to imprudent conduct on the part of a gas utility; to provide that the commission may authorize a gas utility to recover additional costs and to remove certain costs from purchased gas costs; to authorize the commission to amend gas supply plans 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by striking in its entirety Code Section 46-2-10, relating to the payment of a special fee by corporations and utilities subject to the jurisdiction of the commission, and inserting in lieu thereof a new Code Section 46-2-10 to read as follows: 46-2-10. (a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the gross revenues of each such public service corporation or utility resulting from intrastate service regulated by the commission,

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as ascertained by the state revenue commissioner from reports filed with the state revenue commissioner by such public service corporations and utilities and from gross revenues reported for income tax purposes pursuant to Chapter 7 of Title 48, and shall be apportioned among such public service corporations or utilities upon the basis of such gross revenues so as to produce a revenue of $1,050,000.00 per annum. Notwithstanding any other provisions of this Code section, the gross revenues of a telephone utility shall not include revenues of such a utility received from the collection of interstate tolls, interstate access or subscriber line charges, interstate call charges, amounts paid by a telecommunications service provider to any other telecommunications service provider for carrier access charges, or any charges for any unregulated services. Any revenues collected by a local exchange company as a billing and collection agent shall be excluded from the calculation of the gross revenues of the local exchange company. (b) (1) Not later than December 1, 1994, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1995. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (2) Effective January 1, 1995, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (c) In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall proceed to collect

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the same in the same manner as franchise taxes are collected. Section 2 . Said chapter is further amended by adding between Code Sections 46-2-26.4 and 46-2-27 a new Code Section 46-2-26.5 to read as follows: 46-2-26.5. (a) As used in this Code section, the term: (1) `Adjustment factor' means a factor used pursuant to a purchased gas adjustment rate to recover purchased gas costs. (2) `Commission' means the Georgia Public Service Commission. (3) `Firm customer' means a customer who purchases gas from a gas utility on a firm basis which ordinarily is not subject to interruption or curtailment. (4) `Gas supply plan' means the particular array of available gas supply, storage, and transportation options selected by a gas utility to supply the requirements of its firm customers. (5) `Gas utility' means a gas utility subject to the jurisdiction of the commission. (6) `Purchased gas adjustment rate' means a purchased gas adjustment rider or similar rate, provision, or clause in the tariff of a gas utility pursuant to which purchased gas costs are billed to the firm customers of the gas utility. (7) `Purchased gas costs' means all costs incurred by a gas utility for the purpose of acquiring gas delivered to its system in order to supply its firm customers,

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including without limitation the costs incurred in purchasing gas from sellers; the costs incurred in transactions involving rights to buy and sell gas; the costs incurred in gathering gas for transportation to the gas utility; the costs incurred in transporting gas to the facilities of the gas utility; the costs incurred in acquiring and using gas storage service from others, including the costs of injecting and withdrawing gas from storage; and all charges, fees, and rates incurred in connection with such purchases, rights, gathering, storage, and transportation. (8) `Recovery year' means the 12 calendar months commencing October 1, 1994, and ending September 30, 1995, and each succeeding 12 calendar month period thereafter. (b) Commencing October 1, 1994, the requirements of this Code section shall apply to any purchased gas adjustment rate. The requirements of Code Section 46-2-25 shall not apply to filings made or proceedings conducted pursuant to this Code section. (c) On or before August 1 of each year, each gas utility shall file with the commission its gas supply plan for the following recovery year. The gas utility shall include with such filing the adjustment factors it proposes for recovering its purchased gas costs during such following recovery year, together with the calculations that produced such factors. (d) Not less than ten days after any such filing by a gas utility, the commission shall conduct a public hearing on such filing. The gas utility's testimony shall be under oath and shall, with any corrections thereto, constitute the gas utility's affirmative case. At any hearing conducted pursuant to this Code section, the burden of proof to show that the proposed gas supply plan and adjustment factors are appropriate shall be upon the gas utility.

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(e) Following such a hearing, the commission shall issue an order approving the gas supply plan filed by the gas utility or adopting a gas supply plan for the gas utility that the commission deems appropriate. In addition, the commission in its order shall approve the adjustment factors proposed by the gas utility or adopt adjustment factors that the commission deems appropriate. The adjustment factors approved or adopted by the commission, or otherwise made effective under this Code section, shall be applied uniformly to all firm customers upon the effective date of such factors. The adjustment factors to be effective during the recovery year commencing October 1, 1994, shall be set at levels appropriate to account for underrecoveries or overrecoveries, if any, under the purchased gas adjustment rate of the gas utility in effect prior to October 1, 1994. The adjustment factors to be applicable during each recovery year commencing October 1, 1995, and thereafter, shall be set at levels appropriate to account for underrecoveries or overrecoveries during the preceding recovery year. Should the commission fail or refuse to issue an order by the forty-fifth day after the gas utility's filing which either approves the gas supply plan filed by the gas utility or adopts a different gas supply plan for the gas utility, the gas supply plan proposed by the gas utility shall thereupon be deemed approved by operation of law. Similarly, should the commission fail or refuse to issue an order by such date which either approves the adjustment factors proposed by the gas utility or adopts different adjustment factors for the gas utility, the adjustment factors proposed by the gas utility shall thereupon be deemed approved by operation of law. (f) The provisions of law relating to parties, intervention, and discovery in proceedings before the commission shall apply with respect to proceedings under this Code section. (g) Each gas utility shall file with the commission monthly its actual monthly purchased gas costs and accumulated purchased gas costs during the recovery year. The gas utility shall include in such filing information which demonstrates whether such purchased gas costs were

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incurred in accordance with a gas supply plan which had become effective in accordance with the provisions of this Code section. (h) Each gas utility shall also file with the commission monthly the most current data available showing the monthly and accumulated overrecoveries or underrecoveries of actual purchased gas costs resulting from application of its purchased gas adjustment rate. (i) At least every three calendar months, the gas utility shall file proposed revisions to the adjustment factors based on actual unrecovered purchased gas costs in order that the revenues to be recovered pursuant to such rate during the remainder of the current recovery year shall equal, as nearly as possible, the gas utility's unrecovered purchased gas costs through the end of such recovery year. The revisions to the adjustment factors, if any, shall be made to the nearest 0.01 per therm. Unless the commission directs otherwise, such revised adjustment factors shall become effective on the first day of the first calendar month that begins at least 15 days after the date of such filing. (j) All commission orders issued pursuant to this Code section shall contain the commission's findings of fact and conclusions of law upon which the commission's action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (k) The commission shall not prohibit or limit the operation of a purchased gas adjustment rate of a gas utility to the extent that the adjustment permits increases or decreases to adjust for increased or decreased purchased gas costs when such increased or decreased purchased gas costs shall have become effective under the procedures of a federal regulatory agency or under a contract approved by a federal regulatory agency. Any subsequent refunds received by a gas utility with respect to any such increased purchased gas costs which become effective under procedures of a federal

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regulatory agency, or otherwise, shall be treated by the gas utility in such manner as the commission may direct. (l) Any purchased gas costs which are incurred by a gas utility in accordance with a gas supply plan which was in effect pursuant to the provisions of this Code section at the time such costs were incurred may be recovered by the gas utility under its purchased gas adjustment rate and shall not be disallowed retroactively by the commission nor by any court which reviews the action of the commission in the absence of fraud or willful misconduct on the part of the gas utility; provided, however, that the commission may disallow and make appropriate adjustments for any purchased gas costs that were not incurred in accordance with such a gas supply plan if the same resulted in higher purchased gas costs and were the result of clearly imprudent conduct on the part of the gas utility. The provisions of this Code section shall not prohibit the commission from authorizing a gas utility to recover under a purchased gas adjustment rate costs or amounts in addition to purchased gas costs, nor shall the provisions of this Code section prohibit the commission from removing from purchased gas costs those costs incurred by a gas utility for the purpose of acquiring gas to supply customers who are not firm customers. (m) After a gas supply plan has become effective under the provisions of this Code section as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the balance of the recovery year for the purposes set forth in this subsection. Upon the application of the affected gas utility or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected gas utility and the intervenors in the proceeding, amend the gas supply plan of the affected gas utility for the remainder of the recovery year. The amended gas supply plan shall become effective upon the date of the commission's order and shall not have retroactive effect.

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Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAFORFEITED ANNUAL AND SICK LEAVE; CREDITABLE SERVICE. Code Section 47-2-334 Amended. No. 959 (House Bill No. 260). AN ACT To amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) Members subject to this Code section shall be subject to the following conditions:

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(1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section; (2) Except as otherwise provided in Code Sections 47-2-204 and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions are made pursuant to subsections (c) and (d) of this Code section; and (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this Code section; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. MOTOR VEHICLES AND TRAFFICSTOPPING OR STANDING ON ROAD; VEHICLES COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS. Code Section 40-6-203 Amended. No. 960 (House Bill No. 879). AN ACT To amend Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to the prohibition against stopping,

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standing, or parking a vehicle in certain places, so as to provide for the stopping or standing on the road of any vehicle used solely for collecting municipal solid waste or recovered materials in 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 . Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to the prohibition against stopping, standing, or parking a vehicle in certain places, is amended by adding at the end thereof the following: (c) Notwithstanding any other provision of law, any vehicle used solely for the purpose of collecting municipal solid waste or recovered materials as defined in Code Section 12-8-22 may stop or stand on the road, street, or highway for the sole purpose of collecting such waste or materials; provided, however, that such vehicle shall maintain flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of waste or materials collection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. LABOREMPLOYMENT SECURITY LAW; EMPLOYMENT REDEFINED; STATE-WIDE RESERVE RATIO; RATES; CHARGING BENEFITS TO EMPLOYER'S ACCOUNT; MAXIMUM WEEKLY BENEFIT; OVERPAYMENT; PENALTY AND INTEREST; WAIVER OF PENALTY AND INTEREST. Code Sections 34-8-35, 34-8-156, 34-8-157, 34-8-193, 34-8-254, and 34-8-255 Amended. No. 961 (House Bill No. 1194). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law,

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so as to change the definition of the term employment; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distributors of printed materials from the term employment; to change the provisions relating to the State-wide Reserve Ratio; to change the provisions relating to the charging of regular benefits paid against the experience rating accounts of certain employers; to change the provisions relating to the determination of the weekly benefit amount of an individual's claim; to change the provisions relating to overpayments of benefits; to provide for penalties; to authorize the Commissioner of Labor to waive the repayment of interest on the overpayment of benefits resulting from fraud under certain circumstances; to change the provisions relating to the effect of false statements and misrepresentations made to obtain or increase benefits; to impose interest on the unpaid portion of overpayments required to be repaid to the Commissioner of Labor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking in its entirety paragraph (16) of subsection (n) of Code Section 34-8-35, relating to the definition of the term employment, and inserting in lieu thereof a new paragraph (16) 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 that: (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. Provided, however, that the exclusion provided in this paragraph shall not apply to any such employment on behalf of an employing unit defined in subsection (h) or (i) of this Code section. Section 2 . Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the Statewide Reserve Ratio, and inserting in lieu thereof a new Code Section 34-8-156 to read as follows: 34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1995, when the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall

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reduction of the rate in accordance with the following table: If the State-wide Reserve Ration: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 50 percent (c) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 50 percent (d) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. Section 3 . Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 34-8-157, relating to charges of regular benefits paid against the experience rating accounts of certain employees, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year.

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(B) In the event the provisions of subparagraph (A) of this paragraph are determined by the United States secretary of labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section. (C) Benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254;. Section 4 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to the determination of the weekly benefit amount, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00;

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(3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00; (4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00; (5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00; (6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; (7) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (8) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; and (9) For claims filed on or after July 1, 1995, the maximum weekly benefit amount shall not exceed $205.00. Section 5 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-254, relating to overpayments of benefits, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The Commissioner may waive the repayment of an overpayment of benefits if the Commissioner determines such repayment to be inequitable. If any person receives such overpayment because of false representations or willful failure to disclose a material fact by such individual, inequitability shall not be a consideration and the person shall be required to repay the entire overpayment; provided, however, that penalty and interest accrued on the overpayment

Page 646

are subject to waiver if the Commissioner determines such waiver to be in the best interest of the state. Section 6 . Said chapter is further amended by striking in its entirety Code Section 34-8-255, relating to the effect of false statements and misrepresentations made to obtain or increase benefits, and inserting in lieu thereof a new Code Section 34-8-255 to read as follows: 34-8-255. Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefits under this chapter to which such person is not entitled shall, upon an appropriate finding by the Commissioner, cease to be eligible for such benefits and an overpayment of benefits shall be computed without the application of deductible earnings as otherwise provided in Code Section 34-8-193. A penalty of 10 percent may be added to the overpayment and become part of the overpayment. Interest shall accrue on the unpaid portion of such overpayment at a rate of 1 percent per month until repaid to the Commissioner for the Unemployment Compensation Fund. Further, such person shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omission. The ineligibility shall include any unpaid benefits to which the person would otherwise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination. No determination may be made by the Commissioner more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 8 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter.

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Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. INSURANCECOMMISSIONER; RATE FILINGS. Code Section 33-9-21 Amended. No. 962 (House Bill No. 1307). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide certain changes in the manner in which the Commissioner of Insurance handles rate filings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsections (b), (c), and (e) of Code Section 33-9-21, relating to maintenance and filing of rates, rating plans, rating systems, or underwriting rules, in their entirety and inserting in their respective places the following: (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her

Page 648

office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 33-2-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval. (c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner must request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires

Page 649

and the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished. (e) When a rate filing of an insurer required under subsection (d) of this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he or she has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he or she may waive all or part of such examination. In all other rate filings required under subsection (d) of this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his or her intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he or she may extend such time for one additional 60 day period. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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CRIMES AND OFFENSESPRESUMPTION OF INTENTION TO CONVERT RENTED OR LEASED PROPERTY; SMOKING PROHIBITED IN CHILD CARE FACILITIES. Code Sections 16-8-4, 16-8-11, 16-12-2, and 49-5-12 Amended. No. 963 (House Bill No. 1358). AN ACT To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert certain rented or leased personal property; to define a certain term; to provide that in prosecutions for violations of Code Section 16-8-4 involving a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement; to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to prohibit smoking in certain child care facilities; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by adding at the end of Code Section 16-8-4, relating to theft by conversion, a new subsection to read as follows: (c) (1) As used in this subsection, the term `personal property' means personal property having a replacement cost value greater than $100.00, including any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors

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and farm equipment primarily designed for use in agriculture. (2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be presumed to have knowingly converted such personal property to such person's own use in violation of such lease or agreement. Section 2 . Said article is further amended by striking in its entirety Code Section 16-8-11, relating to venue for purposes of Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, and inserting in lieu thereof a new Code Section 16-8-11 to read as follows: 16-8-11. In a prosecution under Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecution under Code Section 16-8-4 in which there is a written rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement. Section 3 . Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, is amended by striking subsection (a) thereof and inserting in its place the following: (a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:

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(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign; (2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; (3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign; or (4) Any area which is the real property upon which is operated a day-care center, group day-care home, or family day-care home, as defined in Code Section 49-5-3, during the hours of operation of such facility. Section 4 . Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, is amended by adding after paragraph (7) of subsection (b) thereof the following: (7.1) Persons who operate day-care centers, group day-care homes, or family day-care homes shall post signs prohibiting smoking to carry out the purposes of paragraph (4) of subsection (a) of Code Section 16-12-2. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. MUNICIPAL CORPORATIONSDEANNEXATION BY ORDINANCE. Code Section 36-36-22 Enacted. No. 964 (House Bill No. 1544). AN ACT To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as

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to provide for a method of local deannexation; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, is amended by adding a new Code section immediately following Code Section 36-36-21, to be designated Code Section 36-36-22, to read as follows: 36-36-22. Authority is granted to the governing bodies of the several municipal corporations of this state to deannex an area or areas of the existing corporate limits thereof, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be deannexed, containing a complete description of the lands to be deannexed and the adoption of a resolution by the governing authority of the county in which such property is located consenting to such deannexation. Lands to be deannexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, deannexed from the municipal corporation, an identification of the property so deannexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so deannexed, such lands shall cease to constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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STATE MILITIAREQUEST TO INDIVIDUAL MEMBERS TO REPORT FOR ACTIVE DUTY WITHOUT DECLARATION OF EMERGENCY; EMERGENCY DECLARATION REQUIRED FOR DEPLOYMENT TO QUELL RIOTS. Code Section 38-2-6.1 Enacted. No. 965 (House Bill No. 1600). AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without first having declared an emergency; to provide restrictions on activities of the organized militia; 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 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, is amended by adding between Code Sections 38-2-6 and 38-2-7 a new Code Section 38-2-6.1 to read as follows: 38-2-6.1. The Governor is authorized and empowered to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connection with National Guard activities without first having declared an emergency as provided for in Code Section 38-2-6 or 45-12-30; provided, however, that when requested to report for duty into the active service of the state, members of the organized militia may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain

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order until an emergency has first been declared as provided in Code Section 38-2-6 or 45-12-30. Section 2 . This Act shall become effective upon its approval by the Governor 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 1, 1994. STATE MILITIAGEORGIA NATIONAL GUARD AUTHORIZED TO ASSIST IN DRUG LAW ENFORCEMENT AND TO DELIVER MEDICAL CARE TO UNDERSERVED AREAS; USE WITHIN AND OUTSIDE STATE; USE OF NATIONAL GUARD FROM OTHER STATES; YOUTH OPPORTUNITIES TRAINING PROGRAM; DRUG DEMAND REDUCTION PROGRAM; IMMUNITY; ADJUTANT GENERAL. Code Sections 38-2-10 and 38-2-11 Enacted. No. 966 (House Bill No. 1684). AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to provide that the Governor is authorized to order the Georgia National Guard to duty for the purpose of assisting federal, state, and local law enforcement agencies in drug law enforcement matters and for the purpose of delivering medical care to medically underserved areas; to provide for the use of the Georgia National Guard within and outside the state; to authorize the Governor to request the assistance of and to utilize the National Guard from another state for certain purposes; to provide for the establishment of a youth opportunities training program; to provide for a drug demand reduction program; to provide for additional

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authority of the adjutant general; to provide for immunity from liability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, is amended by adding at the end thereof new Code Sections 38-2-10 and 38-2-11 to read as follows: 38-2-10. (a) In addition to any other authority provided by the Constitution and laws of this state, the Governor, as commander-in-chief of the organized militia of this state and in accordance with 32 U.S.C. Section 112, may: (1) Authorize or direct the Georgia National Guard to assist and support federal, state, and local law enforcement agencies in drug interdiction, counterdrug activities, and drug demand reduction; (2) Order or direct that properly licensed medical personnel of the Georgia National Guard provide medical care to civilians in medically underserved areas of this state under such terms and conditions as the Governor, in consultation with the commissioner of human resources, shall determine appropriate, subject to any applicable laws and regulations of the United States; or (3) Order or direct that the Georgia National Guard apply for and use federal funds to provide training, education, and other benefits to civilians in accordance with any federal laws or regulations authorizing National Guard participation. (b) (1) Whenever the Governor assigns duty to the adjutant general under this Code section, the adjutant general shall have the authority:

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(A) To provide assistance to federal, state, and local law enforcement agencies upon request, including the use of military equipment and facilities, transportation, surveillance, drug seizure and destruction, language translation, and such other assistance as may be necessary and within the authority of the requesting law enforcement agency; provided, however, that where federal equipment is to be used, the adjutant general shall verify that the federal government has made such equipment available for use by the state; provided, further, that National Guard members involved in such activities are subject to the directions of the requesting law enforcement agency through the National Guard chain of command; (B) To consult with appropriate state agencies concerning youth opportunity training programs and, in connection therewith, to establish a program utilizing National Guard facilities, the National Guard, and Department of Defense personnel to provide military-based training and other benefits to civilian youth pursuant to agreement with the federal government or otherwise; (C) To establish a drug demand reduction program in which National Guard personnel and their families participate in programs designed to discourage drug use; and (D) To provide medical care in medically underserved areas in accordance with directions of the Governor. (2) To enter into agreements and do all things necessary or incidental to the performance of any such duty authorized in paragraph (1) of this subsection, including the execution of memoranda of agreement for assistance to federal, state, and local law enforcement agencies, the execution of grant agreements with the federal government, and the execution of other contracts and agreements.

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38-2-11. (a) The Governor may request National Guard assistance, including but not limited to, personnel, supplies, and equipment, from the governor of another state for the purpose of implementing a federally approved counterdrug law enforcement plan under 32 U.S.C. Section 112. Such National Guard personnel from another state while performing duty in this state pursuant to a request made under this Code section shall have the same immunity from liability and prosecution as do National Guard personnel of this state performing such duty. (b) The Governor may authorize the use of Georgia National Guard personnel and equipment outside the boundaries of the state under this Code section, if: (1) A request is received from the governor of another state; (2) The request evidences that the requesting governor has authority to make the request; (3) The attorney general of the requesting state has acknowledged the Governor's authority and has certified that National Guard personnel requested from this state while performing duty in the requesting state shall have the same immunity from liability and prosecution as do National Guard personnel of the requesting state performing such duty; and (4) The request relates to the performance of duty in a federally approved counterdrug law enforcement plan as authorized and funded under 32 U.S.C. Section 112. Section 2 . This Act shall become effective upon its approval by the Governor 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 1, 1994.

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MASTER PLUMBERS AND JOURNEYMAN PLUMBERSLICENSES; CONTINUING EDUCATION. Code Section 43-14-6 Amended. No. 967 (House Bill No. 1690). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of Journeyman Plumbers and master plumber licenses; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding to Code Section 43-14-6, relating to powers and duties of divisions, a new subsection, to be designated subsection (g), to read as follows: (g) (1) With respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses, the Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of such 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 plumbing provided or conducted by institutions under the State Board of Technical and Adult Education shall constitute acceptable

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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 2 . This Act shall become effective on July 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. REGENTS RETIREMENT PLANBOARD OF TRUSTEES TO ESTABLISH RATE OF EMPLOYEE CONTRIBUTIONS. Code Section 47-21-4 Amended. No. 968 (House Bill No. 1723). AN ACT To amend Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, so as to provide that the board of trustees of such plan shall establish the rate of employee contributions within certain limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:

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(a) Each participating employee shall contribute to the optional retirement plan a percentage of his or her earnable compensation as determined by the board of trustees which shall be not less than 5 nor more than 6 percent. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. PUBLIC UTILITIES AND TRANSPORTATIONMOTOR CONTRACT CARRIER; MOTOR COMMON CARRIER; VEHICLES FOR HIRE WITH SEATING CAPACITY OF 15 OR LESS EXCLUDED. Code Section 46-1-1 Amended. No. 969 (House Bill No. 1783). AN ACT To amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, so as to exclude certain small buses from the definition of motor contract carrier and motor common carrier; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions, in its entirety and inserting in lieu thereof the following: (xiii) Vehicles for hire with a seating capacity not to exceed 15 persons, inclusive of the driver, except that any operator of such a vehicle is required to register the exempt

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operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules; Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORSLICENSING PROCEDURES. Code Title 43, Chapter 14 Amended. No. 970 (Senate Bill No. 669). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize a licensed conditioned air contractor or a licensed plumber to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee complying with any ordinances or building and construction codes of any county or municipal corporation wherein the work of the licensee is performed; to provide for actions on the bond; to limit the liability of sureties; to prohibit any county or municipality from requiring any licensed conditioned air contractor or licensed plumber who has executed and deposited a certain bond in the county of such licensee's principal place of business to give or furnish any code compliance bond or similar bond for the purpose of ensuring that all construction,

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installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes; to require a licensed conditioned air contractor or licensed plumber to file a copy of a required bond with the building official in the political subdivision wherein the work is being performed; to provide for the applicability and effect of this Act with respect to bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13; to provide that said Chapter 14 of Title 43 shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; to provide that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety subsection (b) of Code Section 43-14-12, relating to the suspension of, or refusal to restore, licenses and certificates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) 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; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction,

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installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. Section 2 . Said chapter is further amended by adding at the end of Code Section 43-14-13, relating to the applicability

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of Chapter 14 of Title 43 concerning the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, a new subsection (o) to read as follows: (o) This chapter shall not prohibit any propane dealer who is properly insured as required by law and who holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under this chapter. 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 1, 1994. GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITYMEMBERSHIP; PRIOR ACTS. Code Section 15-6-94 Amended. No. 971 (Senate Bill No. 676). AN ACT To amend Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' Cooperative Authority, so as to provide for the membership of the authority; to provide for the effectiveness of prior acts of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-94 of the Official Code of Georgia Annotated, relating to the Georgia Superior Court Clerks' Cooperative Authority, is amended by striking subsection (b) of said Code section and inserting in its place the following: (b) (1) The authority shall consist of seven members as follows: two members appointed by the executive board 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 executive board of The Council of Superior Court Clerks of Georgia, who shall currently be superior court clerks, to serve for a term of two years each and until their respective successors are appointed; one member appointed by the Governor, who shall currently be a county commissioner, 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. All acts performed by the authority prior to the effective date of this paragraph shall have the same force and effect as if this paragraph had been in effect since the creation of the authority. (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, members of the authority shall receive no compensation for their services.

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(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. Section 2 . This Act shall become effective upon its approval by the Governor 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 1, 1994.

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EDUCATIONSCHOOL PSYCHOLOGY SERVICES; CONTRACTS; LOCAL FAIR SHARES. Code Title 20, Chapter 2 Amended. No. 972 (Senate Bill No. 436). 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 for certain contracts for school psychology services with persons certified by the Professional Standards Commission notwithstanding their not being licensed; to provide an alternative method of calculating the local fair share for county and independent school systems in certain circumstances; to change the calculation of equalization grants to local school systems; to change the standards for the exemption from certain evaluations; to provide for high-achieving exempt schools; 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 the elementary and secondary education, is amended by adding after Code Section 20-2-156, a new Code section to read as follows: 20-2-157. A local unit of administration shall be authorized to contract for school psychology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individual to be licensed thereunder. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in lieu thereof the following:

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(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program as follows: (1) Unless the combined fair share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local fair share shall be calculated as follows: (A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by.4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274; (B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and (C) Multiply the remainder calculated in subparagraph (B) of this paragraph by.005. (2) If the combined fair share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows: (A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each

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local school system pursuant to Code Section 20-2-161, by.2; (B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection; (C) Multiply the amount calculated in subparagraph (B) of this paragraph by.005; and (D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection. Section 3 . Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof the following: (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;. Section 4 . Said chapter is further amended by striking subsection (e.1) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following: (e.1) The state board shall, subject to the requirements of subparagraph (a)(1)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding

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expectations in a given year and designated `high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(1)(B), (a)(1)(C), or (a)(1)(I) of this Code section, as long as the school maintains the designation `high-achieving exempt school.' Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. SUPERIOR COURTSCLERKS; CUSTODIAN OF RECORDS; CONTRACTS TO MARKET RECORDS OR DATA; REPORT TO COUNTY GOVERNING AUTHORITY. Code Section 15-6-96 Enacted. No. 973 (Senate Bill No. 456). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for contracts relating to records or computer generated data and the requirements related thereto; to provide for records of other courts where the clerk of the superior court also serves as clerk; to provide for contracts related thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the

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superior courts, is amended by adding at the end thereof a new Code Section 15-6-96 to read as follows: 15-6-96. The clerk of the superior court is the custodian of the records of his or her office. Any contract to distribute, sell, or otherwise market records or computer generated data of the office of the clerk of the superior court for profit shall be made by the clerk of the superior court. If the clerk of the superior court also serves as the clerk of any other court, the provisions of this Code section shall be applicable to the records and data of such other court. A report summarizing contracts entered into pursuant to this Code section along with any revenues received therefrom shall be prepared by the clerk of the superior court and submitted to the governing authority of the county on a monthly basis. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. HEALTHORDERS NOT TO RESUSCITATE; PROCEDURES FOR SUCH ORDERS. Code Sections 31-39-1 through 31-39-6 Enacted. Code Section 31-39-9 Amended. No. 974 (Senate Bill No. 580). AN ACT To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nursing homes; to change

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the provisions relating to definitions; to clarify a patient's presumption of consent; to limit the duties of certain health care and other facilities; to change the conditions regarding the issuance and cancellation of such orders; to change the effectiveness of such orders; to provide for physician and health care facility notifications regarding such orders; to provide for examinations to determine whether patients still qualify as candidates for such orders; to provide for revocation of consent to such orders; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and implemented; 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 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by striking Code Sections 31-39-1 through 31-39-6, relating to legislative findings and intent, definitions, presumptions of capacity, conditions for issuance of orders, cancellation of orders, and revocation of consent to orders, respectively, and inserting in their respective places the following: 31-39-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an attending physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent or authorization has been obtained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medical and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative

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guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation. 31-39-2. As used in this chapter, the term: (1) `Adult' means any person who is 18 years of age or older, is the parent of a child, or has married. (2) `Attending physician' means the physician selected by or assigned to a patient to have primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter. (3) `Authorized person' means any one person from the following list in the order of priority as listed below: (A) Any agent appointed pursuant to Chapter 36 of this title, the `Durable Power of Attorney for Health Care Act'; (B) A spouse; (C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (D) A son or daughter 18 years of age or older; (E) A parent; or (F) A brother or sister 18 years of age or older. (4) `Candidate for nonresuscitation' [Illegible Text] a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician:

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(A) Has a medical condition which can reasonably be expected to result in the imminent death of the patient; (B) Is in a noncognitive state with no reasonable possibility of regaining congitive functions; or (C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time or that such resuscitation would be otherwise medically futile. (5) `Cardiopulmonary resuscitation' means only those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) `Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (7) `Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title. (8) `Minor' means any person who is not an adult. (9) `Order not to resuscitate' means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both. (10) `Parent' means a parent who has custody of a minor or is the parent of an adult without decision-making capacity.

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(11) `Patient' means a person who is receiving care and treatment from an attending physician. (12) `Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician. 31-39-3. (a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate. Such presumption of consent does not presume that every patient shall be administered cardiopulmonary resuscitation, but rather that every patient agrees to its administration unless it is medically futile. (b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient's medical record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked pursuant to Code Section 31-39-6, to be the direction of such person regarding resuscitation. (c) Nothing in this chapter shall require a health care facility, any other facility, or a health care provider to expand its existing equipment and facilities to provide cardiopulmonary resuscitation. 31-39-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is

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revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order. (b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental or physical condition on such future date. If the attending physician determines at any time that an order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient. (c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. (d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor. (e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that: (1) Such physician determines with the concurrence of a second physician, in writing in the patient's

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medical record, that such patient is a candidate for nonresuscitation; and (2) An ethics committee or similar panel, as designated by the health care facility, concurs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation; and (3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice. 31-39-5. (a) An attending physician for whose patient an order not to resuscitate has been issued pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 shall examine that patient at such intervals as determined periodically by the physician to determine whether the patient still qualifies as a candidate for nonresuscitation, unless that order has been canceled or consent thereto revoked as provided in this chapter. That physician shall record such determination in the patient's medical chart. Failure to comply with this subsection shall not invalidate that order. (b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician's designee shall immediately include such determination in the patient's chart, cancel the order, and notify the patient, the person who consented to the order, and all hospital staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent,

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the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation. 31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility. (b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility. (c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 31-39-9, relating to the legal right to withhold or withdraw cardiopulmonary resuscitation, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of cardiopulmonary resuscitation in any lawful manner or affect the validity of orders not to resuscitate issued and implemented under other circumstances. In such respect, the provisions of this chapter are cumulative.

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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 1, 1994. GEORGIA BOAT SAFETY ACTFLOTATION DEVICES; PERSONAL WATERCRAFT; OPERATION BY CHILDREN; WATER SKIING; RECKLESS OPERATION. Code Title 52, Chapter 7, Article 1 Amended. No. 975 (Senate Bill No. 601). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, so as to change the definition of certain terms; to provide for the carriage of personal flotation devices aboard vessels; to establish a minimum age limit for the operation of personal watercraft; to provide certain exceptions to the minimum age requirements; to prohibit adults from allowing children under the minimum age to operate personal watercraft; to require a safety course for certain operators; to prohibit the towing of persons on water skis or similar devices behind personal watercraft; to provide for exceptions; to define the crime of reckless operation of a vessel or other water device; to limit the hours of operation of personal watercraft; 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, known as the Georgia Boat Safety Act, is amended by striking in their entirety paragraphs

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(22) and (25) of Code Section 52-7-3, relating to definitions relative to the registration, operation, and sale of watercraft, and inserting in lieu thereof new paragraphs (22) and (25) to read as follows: (22) `Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $500.00. (25) `Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts. Section 2 . Said article is further amended by striking in its entirety subsection (d) of Code Section 52-7-8, relating to the classification of vessels and required equipment, and inserting in lieu thereof the following: (d) Lifesaving devices. (1) Every vessel shall be equipped with the following number and type of personal flotation devices: (A) Every Class A vessel shall carry aboard, at all times, at least one Type I, II, III, IV, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened; (B) Every Class 1, 2, and 3 vessel shall carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsection (a) of Code Section 53-7-8.2, must at all times be equipped with at least one Type IV (throwable) device.

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(2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps. Section 3 . Said article is further amended by striking subsections (c) and (d) of Code Section 52-7-8.2, relating to restrictions on the operation of personal watercraft, in their entirety and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years; provided, however, that personal watercraft may be rented, leased, or let to a person age 12 through 15 years if such person is accompanied by and under the direct supervision of an adult 18 years of age or older. Such person shall be under direct supervision if he or she is within sight or hearing distance of the adult. (d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise. Section 4 . Said article is further amended by inserting at the end of Code Section 52-7-8.2, relating to restrictions on the operation of personal watercraft, the following: (k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.

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(l) On and after July 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she has successfully completed a personal watercraft safety program approved by the department; if an adult 18 years of age or older is aboard the vessel and such adult is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or if he or she is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. Such person shall be under direct supervision if he or she is within sight or hearing distance of the adult. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public. (m) On and after July 1, 1995, 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 or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft. (n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over which such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft unless such child or ward has either successfully completed a personal watercraft safety program approved by the department; is accompanied aboard the vessel by an adult 18 years of age or older who is not in violation of the provisions of Code Section 52-7-12, relating to the operation of vessels and other devices under the influence of alcohol or drugs; or is under the direct supervision of an adult 18 years of age or older who is not under the influence of alcohol or drugs as provided in Code Section 52-7-12. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public.

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Section 5 . Said article is further amended by striking in their entireties subsections (i) and (j) of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under the influence of alcohol or drugs, and inserting in lieu thereof the following: (i) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs in violation of O.C.G.A. 52-7-12. Section 6 . Said article is further amended by inserting a new Code Section 52-7-12.1, after Code Section 52-7-12, to read as follows: 52-7-12.1. Any person who operates any vessel or manipulates any water skis, aquaplane, surfboard, tube, or similar device in reckless disregard for the safety of persons or property commits the offense of reckless operation of a vessel or other water device. 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 1, 1994. HEALTH PLANNING AGENCYFUNCTIONS AND DUTIES REVISED. Code Title 31, Chapter 6 Amended. No. 976 (Senate Bill No. 627). AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to

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change the functions of the Health Planning Agency; to provide for the inapplicability of a certain plan and certain rules to certain certificate of need applications; to change the composition of the Health Planning Review Board; to provide for qualifications, terms, and compensation of the members of such board; to provide for organization, quorum, and meetings of such board and its duties and powers; to provide for qualifications, compensation, and duties and powers of hearing officers; to provide for initial administrative appeal hearings and for intervention therein; to provide for review board actions regarding the decisions of hearing officers; to provide for evidence in such proceedings; to prohibit certain ex parte contracts; to provide for final decisions and appeals thereof; to provide for legal counsel; to provide for awards of attorney's fees and expenses of litigation; to provide for judicial review; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraph (7) of subsection (b) of Code Section 31-6-21, relating to the Health Planning Agency generally, and inserting in its place the following: (7) To provide, by rule, for such fees as may be necessary to cover the costs of preparing the record for appeals before the hearing officers and review board of the decisions of the planning agency, which costs may include reasonable sharing between the planning agency and the parties to appeal hearings; . Section 2 . Said chapter is further amended by striking subsection (i) of Code Section 31-6-21.1, relating to procedures for rule making by the Health Planning Agency, and inserting in its place a new subsection (i) to read as follows: (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need

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as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer. Section 3 . Said chapter is further amended by striking Code Section 31-6-44, creating the Health Planning Review Board, and inserting in its place the following: 31-6-44. (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. Those members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire. On and after July 1, 1994, the review board shall be composed of 11 members appointed by the Governor, with one from each congressional district. The Governor shall appoint persons to the review board who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to practice law in this state. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapacitated, as determined by the Governor. Vacancies on the board caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or registered agent shall be eligible for appointment by the Governor to the board. (b) The purpose of the review board shall be to review decisions made by hearing officers as provided in subsection (h) of this Code section. At least a quorum of the review

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board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of review board meetings and initial administrative appeal hearings held by the appointed hearing officers. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have mentioned such active status for the five years immediately preceding such person's respective approval. The members of the review board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and the chairperson and vice chairperson shall also be compensated for their services rendered to the review board outside of attendance at a review board meeting, the amount of which compensation shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned shall receive compensation determined to be appropriate and reasonable by the review board. Such compensation to the members of the review board and to hearing officers shall be made by the Department of Administrative Services. (c) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal government in whose boundaries the proposed project will be located, who is aggreived by a decision of the planning agency shall have the right to an initial administrative appeal hearing before a hearing officer or to

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intervene in such hearing. Such request for hearing or intervention shall be made within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event that an appeal is requested, the chairperson of the review board shall appoint a hearing officer for each such hearing within 50 days after the date of the decision made pursuant to Code Section 31-6-43. Within 14 days after the appointment of the hearing officer, such hearing officer shall set the date or dates for the hearing and shall provide the parties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing. (d) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the planning agency in making its decision shall be public records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing. (e) The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need if, in the hearing officer's

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judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the hearing officer deems such considerations and rules applicable to the review of the project. The hearing officer shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. The hearing officer shall also consider whether the appeal lacks substantial justification and whether such appeal was undertaken solely for the purpose of delay or harassment. Appellants or applicants shall proceed first with their cases before the hearing officer in the order determined by the hearing officer, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-43 to order the issuance of no certificate of need or one or more certificates of need. (f) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hearing or revealed during discovery, except that, unless in response to an issue raised by an opponent or the hearing officer or revealed during discovery, a party or intervenor may not present a new need study or analysis that is substantially different from any such study or analysis submitted to the planning agency prior to its decision and that could reasonably have been available for submission to the planning agency prior to its decision. Except for such limitation on new studies or analyses, the hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations or rules. (g) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 and the planning agency's rules, including a detailed statement of the reasons for the decision

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of the hearing officer. If any party has alleged that an appeal lacks substantial justification and was undertaken solely for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the hearing officer shall file such decision with the review board, serve such decision upon all parties, and transmit the administrative record to the chairperson of the review board. Any party, including the planning agency, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision to the review board shall file such party's specific objections thereto with the review board within 30 days of such party's receipt of the hearing officer's decision. (h) The decision of the hearing officer will become the final decision of the planning agency upon the sixty-first day following the receipt of the decision by the review board unless an objection thereto is filed within the time limit established in subsection (g) of this Code section and within 60 days of the receipt of the hearing officer's decision by the review board: (1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm, reverse, or modify the hearing officer's decision or to remand the case to the hearing officer for further consideration; or (2) At the request of any party which participated in the initial administrative hearing before the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 days. The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision,

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either the chairperson or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officer's decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officer's findings of fact are not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the `any evidence' standard contained in other statutory provisions. If, before the date set for the review board's meeting, application is made to the chairperson for leave to present additional evidence and it is shown to the satisfaction of the chairperson that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the hearing officer, the chairperson may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon conditions determined by the chairperson. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board. Unless leave is given by the chairperson in accordance with the provisions of this subsection, the review board may not consider new evidence under any circumstances. In all circumstances, the review board's decision shall be based upon considerations as set forth in Code Section 31-6-42 and the planning agency's rules. (i) After the issuance of a decision by the planning agency pursuant to Code Section 31-6-43, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal.

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(j) Unless the hearing officer's decision becomes the planning agency's decision by operation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the planning agency's decision by operation of law. Such final decision shall be the final agency decision for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the planning agency pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need. (k) In the event that the review board or its chairperson or vice chairperson requires legal counsel, the chairperson or vice chairperson shall make a request for such advice to the Attorney General. (l) If, based upon the findings of the hearing officer, the review board determines that the appeal filed by any party of a decision of the planning agency lacks substantial justification and was undertaken solely for the purpose of delay or harassment, the review board may enter an award in its written order against such party and in favor of the successful party or parties, including the planning agency, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the review board deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the planning agency, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, the hearing officer,

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or the review board or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the `any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Section 4 . Those provisions of this Act relating to the appointment of members of the Health Planning Review Board to take office on July 1, 1994, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1994. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSINSURANCE, BANKING, OR TRUST COMPANIES; STOCK ISSUANCE. Code Section 14-4-40 Amended. Code Section 33-14-45 Enacted. No. 977 (Senate Bill No. 694). AN ACT To amend Article 3 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to corporate finance, so as to provide cross references to provisions governing the issuance of preferred stock by insurance, banking, or trust companies; to amend Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insurers, so as to authorize the issuance of preferred stock by domestic stock insurance companies; 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 14 of the Official Code of Georgia Annotated, relating to corporate finance, is amended by striking Code Section 14-4-40, relating to the creation of shares with or without par value and of classes of shares, and inserting in lieu thereof a new Code Section 14-4-40 to read as follows: 14-4-40. Every corporation having capital stock incorporated prior to April 1, 1969, or thereafter by the Secretary of State or by Act of the General Assembly, including corporations with powers derived from both of such sources, except an insurance company, which shall be subject to the provisions of Code Section 33-14-45, or a banking or trust company, which shall be subject to the provisions of Code

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Section 7-1-413, may, upon its organization or thereafter in the manner provided in this article, create shares of stock with or without par value and may create two or more classes of stock with such preferences, voting powers, restrictions, and qualifications as shall be designated in its petition, declaration, or other application for incorporation or as subsequently shall be decided upon, provided there shall be but one class of common stock, each share of which shall stand upon an equality with every other share. Before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such nonpar value common stock either in cash or in tangible assets at their fairly appraised valuation. Section 2 . Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insurers, is amended by adding immediately following Code Section 33-14-44, relating to the authorization and procedure for conversion of a stock insurer to a mutual insurer, a new Code Section 33-14-45 to read as follows: 33-14-45. A domestic stock insurer may have one or more classes of common or preferred shares, all of which shall be shares with par value in accordance with paragraph (5) of subsection (b) of Code Section 33-14-4 and any or all of which may, subject to any restrictions of this title, consist of shares with full, limited, multiple, fractional, or no voting rights and such designations, preferences, qualifications, privileges, limitations, redemption provisions (in the case of preferred shares), options, conversion rights, and other special rights as shall be stated in this article. Except as otherwise stated in this article, this title, or other applicable laws, each share shall be equal in all respects to every other share. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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COMMERCERETAIL INSTALLMENT AND HOME SOLICITATION SALES; WRITTEN AGREEMENT FOR PAYMENT APPLICATION; CONSTRUCTION CONSISTENT WITH FAIR BUSINESS PRACTICES ACT OF 1975. Code Section 10-1-8 Amended. No. 978 (Senate Bill No. 696). AN ACT To amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, is amended by striking Code Section 10-1-8, relating to the taking of security interests in certain items and the application of payments to revolving accounts, and inserting in lieu thereof a new Code Section 10-1-8 to read as follows: 10-1-8. (a) Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to goods purchased on different dates, the first purchased shall be deemed first paid for; as to goods purchased on the same date, the lowest priced shall be deemed first paid for. (b) Nothing contained in subsection (a) of this Code section shall prevent the parties from agreeing in writing for the payments to be otherwise applied; provided, however,

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that this Code section shall be construed consistently with Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975.' Nothing in this Code section shall be deemed to authorize any act or practice which would otherwise be deemed unfair and deceptive under Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. EDUCATIONAPPROVED SCHOOL; REDEFINED. Code Section 20-3-411 Amended. No. 979 (House Bill No. 1185). AN ACT To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of approved school; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, is amended by striking paragraph (2) thereof and inserting in its place a new paragraph to read as follows: (2) `Approved school' means: (A) A nonproprietary institution of higher education located in this state which is not a branch of the university

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system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; and (B) A nonproprietary institution of higher education located outside the State of Georgia which is a fouryear or graduate level institution of higher education that is, or is a part of, a college or university system that is owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term `home residence,' for purposes of this subpart, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student. Section 2 . This Act shall become effective only upon the specific appropriation of funds for these additional students so that there shall be no dilution of tuition equalization grants to students attending the approved list of institutions as such list existed on March 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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PUBLIC OFFICERS AND EMPLOYEESPAYROLL DEDUCTIONS TO NOT-FOR-PROFIT ORGANIZATIONS. Code Section 45-7-54 Enacted. No. 980 (House Bill No. 1455). AN ACT To amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll deductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees; to provide when such deductions shall be provided as an employment benefit; to provide for procedures; to provide for authority of the commissioner of the State Merit System of Personnel Administration regarding administration and compliance; to provide for administration fees; to provide for confidentiality; to provide for limited immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, is amended by adding a new Code section to read as follows: 45-7-54. (a) Any department, agency, authority, or commission of the state is authorized to deduct designated amounts from the salaries or wages of its employees and remit such moneys to not-for-profit organizations, associations, or corporations providing tangible services and benefits to state government or its employees. Except as provided in subsection (b) of this Code section, no such deduction shall be made unless at least 2,500 of the full-time employees of the state request such deduction. Where 2,500 or more full-time employees of the state request payroll deduction services to any not-for-profit organization, association,

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or corporation having among its objectives educational, legislative, or professional development activities related to promoting and enhancing the efficiency, productivity, and welfare of state government services or of state government employees, then the state shall provide such deductions as an additional employment benefit to its employees. (b) Where 500 or more full-time state employees who are employed in the law enforcement or registered nursing disciplines request payroll deduction services to any not-for-profit association having among its specific objectives professional development activities related to promoting or enhancing law enforcement or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment benefit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions. (c) The commissioner of the State Merit System of Personnel Administration shall have the authority to administer this Code section and to determine and compel compliance with its provisions. (d) No deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who consents to such deduction is authorized to terminate the deduction with two weeks' written notice to the department, agency, authority, or commission. (e) No deduction shall be made under this Code section to any organization, association, or corporation which engages in collective bargaining with the state or encourages its members to strike or stop work. (f) Each department, agency, authority, or commission of the state shall collect from the deductions withheld a cost of administration fee not to exceed 1 percent of the total deduction collected.

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(g) No person shall disclose to any other person the name of any employee deducting amounts, or the organizations, associations, or corporations designated, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the individual employee. (h) Departments, agencies, authorities, and commissions and their employees shall not incur any liability for errors or omissions made in performance of the payroll deduction agreement between the state and the employee, provided that this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other international misappropriation of the money or property of another. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. HIGHWAYSDEVELOPMENTAL HIGHWAY SYSTEM; ADDITION OF EAST-WEST HIGHWAY FROM I-59 NORTH TO I-85 NORTH. Code Section 32-4-22 Amended. No. 981 (House Bill No. 1767). AN ACT To amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to the Developmental Highway System, so as to add a certain road corridor to said system; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to the Developmental Highway System, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) There is created as a part of the state highway system a system of public roads to be known as the Developmental Highway System which shall consist of the following road corridors (not in order of priority): (1) Appalachian; (2) The South Georgia Parkway; (3) U.S. 27; (4) U.S. 82; (5) Golden Isles; (6) Savannah River; (7) U.S. 441; (8) Fall Line; (9) U.S. 319; (10) U.S. 19; (11) U.S. 84; (12) U.S. 1/SR 17; (13) SR 72; (14) Outer Perimeter; (15) East-west Highway from I-59 North to I-85 North; and (16) Truck access routes.

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Said system is further identified as being those roads and corridors referred to as `the Governor's Road Improvement Program' in that resolution adopted by the State Transportation Board dated November 17, 1988. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. GEORGIA FIREMEN'S PENSION FUNDDEFINITIONS PURPOSE; VESTING; FIRE INSURANCE PREMIUMS TAX. Code Title 47, Chapter 7 Amended. No. 995 (Senate Bill No. 82). 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 define certain terms; to provide a statement of purposes; to clarify a certain exemption from taxes imposed to support the pension fund; to reduce the number of years required for vesting from 20 to 15 years; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking Code Section 47-7-1, relating to definitions relative to such chapter, in its entirety and inserting in lieu thereof the following: 47-7-1. As used in this chapter, the term:

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(1) `Board' means the Board of Trustees of the Georgia Firemen's Pension Fund. (2) `Fire department' means a full-time fire department or volunteer fire department which satisfies the following criteria: (A) The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25; (B) The public fire suppression facilities of the fire department are ratable not less favorably than a class eight rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firemen and volunteer firemen to become members and obtain creditable service with the fund. (3) `Fireman' means a person who is a full-time employee of a fire department who in the course of full-time employment by and within a department either: (A) Is a candidate for or holds a current fire-fighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually

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performs the function of, preventing and suppressing fires; or (B) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services. (4) `Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit: (A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and (B) Is financed by public appropriation or subscription and is not privately owned. A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer. (5) `Fund' means the Georgia Firemen's Pension Fund.

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(6) `Volunteer fire department' means a volunteer fire department staffed by firemen, volunteer firemen, or a combination of firemen and volunteer firemen, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which: (A) Has the principal responsibility to prevent and suppress fires; (B) Is financed by public appropriation or subscription and is not privately owned; (C) Holds drills and meetings of not less than eight hours monthly; and (D) Meets the requirements imposed by Code Section 47-7-81. (7) `Volunteer fireman' means an individual who is appointed and regularly enrolled as a volunteer with a fire department; who, as a volunteer fireman, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (D) of paragraph (1) of subsection (a) of Code Section 25-3-23. Section 2 . Said chapter is further amended by inserting immediately following Code Section 47-7-1 a new Code Section 47-7-2 to read as follows: 47-7-2. The fund is established as a voluntary pension system which provides benefits intended to supplement primary pension benefits provided by fire departments or the governmental units or volunteer districts establishing fire departments. It is the intent of the General Assembly in authorizing the benefits of this chapter: (1) To provide an additional benefit which may be used by fire departments of the state or political subdivisions of the state to attract and retain qualified firemen; and

Page 707

(2) To limit the availability of such benefits to those fire departments which satisfy the minimum requirements for membership provided in this chapter so as to induce political subdivisions and the fire departments serving such political subdivisions to meet and maintain compliance with such minimum standards which the General Assembly deems essential to improving the ability of a fire department to suppress fires. Section 3 . Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage and related matters, and inserting in lieu thereof the following: (2) If property covered under any such policy is served by public fire suppression facilities which are rated less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section. Section 4 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-7-100, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following: (c) Any eligible member who terminates service as a fireman or volunteer fireman after at least 15 years of service,

Page 708

upon application to and approval by the board, shall have a vested right in and to a monthly benefit payable for the member's lifetime equal to a pro rata amount of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of such termination of service, which amount shall be determined by the ratio of years served, being not less than 15 nor more than 25, to the full 25 year service retirement. Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a fireman or volunteer fireman, whichever is later. Section 5 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACERTAIN SECRETARIES; CREDITABLE SERVICE FOR PRIOR EMPLOYMENT. Code Section 47-2-264 Amended. No. 996 (House Bill No. 633). AN ACT To amend Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for secretaries employed by superior court judges and district attorneys, so as to change provisions relating to establishment of creditable service for certain

Page 709

prior employment; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for secretaries employed by superior court judges and district attorneys, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Any member who is a secretary of a judge of the superior court or a district attorney and who was employed as such a secretary prior to July 1, 1993, may receive creditable service under this chapter for such employment prior to July 1, 1993, as provided in this subsection. In order to obtain creditable service under this subsection, the member shall (1) provide to the board of trustees acceptable evidence of the period prior to July 1, 1993, during which the member was employed as a secretary of a judge of the superior court or a district attorney but was not a member of this retirement system or any other retirement system and of the compensation received by the member for such employment; and (2) pay to the board of trustees the employee contributions which would have been required if such person had been a member of the retirement system during such period of employment, together with interest at the rate of 6 percent per annum from the date such employee contributions would have been due. The basis for computing such employee contributions shall be the compensation actually received and established to the board as provided in this subsection. No creditable service shall be allowed under this subsection for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any political subdivision of this state.

Page 710

Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAEMPLOYEES OF COUNTY PROBATION AND INTAKE SERVICES TRANSFERRED TO DEPARTMENT OF CHILDREN AND YOUTH SERVICES; MEMBERSHIP. Code Title 47, Chapter 2, Article 8, Part 9 Amended. No. 997 (House Bill No. 671). AN ACT To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system; to provide for employer and employee contributions; to provide for a transfer of service; to provide for employees who were not members of a local retirement system; to provide that the provisions of general law shall control in the event of a conflict with the provisions of a local retirement system; to provide conditions for an effective

Page 711

date and automatic repeal; 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 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county employees, is amended by inserting immediately following Code Section 47-2-295 a new Code Section 47-2-295.1 to read as follows: 47-2-295.1. (a) As used in this Code section, the term: (1) `Department' means the Department of Children and Youth Services. (2) `Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become employees of the department as a result of the county probation and intake services' being transferred to the department pursuant to the provisions of Code Section 15-11-9.1, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (3) `Probation and intake employee' means a probation and intake employee as such term is defined in paragraph (1) of subsection (a) of Code Section 15-11-9.1. (b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 15-11-9.1 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake

Page 712

services are transferred to the department. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified. (c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation and intake services were transferred to the department, such employee may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the department shall be the salary of such employee for all purposes under the local retirement system. Except as otherwise provided in this subsection for the use of certain employer contributions to offset required employee contributions, such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the department may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the local retirement system and

Page 713

shall be paid by the department when applicable to the local retirement system; provided, however, that, if the employer contributions paid by the department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the percentage rate of employer contributions paid by the department and the percentage rate of employer contributions applicable to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local retirement system; provided, further, that, if the employer contributions to be paid by the department under this subsection would exceed the total employee and employer contributions required under the local retirement system, the department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county; provided, however, that such employee shall not be entitled to health and life insurance benefits available to county employees. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia. (d) An employee who was a member of a local retirement system as provided in subsection (c) of this Code section may elect to become a member of the Employees' Retirement System of Georgia. Any such employee so electing shall receive creditable service under the Employees' Retirement System of Georgia for all accredited service previously rendered as an employee of the applicable local retirement system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia the total employee and employer contributions plus interest made by or on behalf of the employee

Page 714

to the local retirement system, together with accumulated interest thereon; provided, however, that the amount so transferred shall not exceed the amount necessary to grant the creditable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any unfunded accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia. (e) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county juvenile detention system became a part of the state-wide juvenile detention system, such employee shall become a member of the Employees' Retirement System of Georgia effective on the date the county probation and intake services are transferred to the department. Any such member may purchase as creditable service under the Employees' Retirement System of Georgia all or any portion of previous actual service rendered by the member as an employee of the applicable county probation and intake system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. Such creditable service may be purchased by the member's paying to the board of trustees all employee and employer contributions which would have been made if the employee had been a member of this retirement system, plus regular interest thereon. The time limitation for exercising options provided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may purchase such creditable service at any time during the first five years of membership in the Employees' Retirement System of Georgia. No service for which credit is granted pursuant to this subsection shall be used for credit in any local retirement system. (f) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control.

Page 715

Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAGEORGIA MUSIC HALL OF FAME AUTHORITY; EMPLOYEES; MEMBERSHIP; SERVICE CREDIT. Code Section 47-2-321 Enacted. No. 998 (House Bill No. 632). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Music Hall of Fame Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees'

Page 716

Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-321. (a) As used in this Code section, the term: (1) `Georgia Music Hall of Fame Authority' or `authority' means the Georgia Music Hall of Fame Authority established by Part 10 of Article 7 of Chapter 3 of Title 12. (2) `Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (3) of Code Section 12-3-524. (3) `Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b) Effective July 1, 1994, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system. (c) (1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1994. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions

Page 717

which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the officer or employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the authority, the officer or employee shall receive full creditable service under the retirement system for all prior employment as an officer or employee of the authority. (4) An officer or employee of the authority who is subject to the provisions of this subsection shall have the same membership status under the retirement system which the person had during the person's previous service as a member of the retirement system. Nothing in this subsection shall be construed to limit the right of an officer or employee of the authority who is subject to the provisions of this subsection to retain or reestablish creditable service for previous service as a member of the retirement system. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1994, shall continue in the same

Page 718

membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Music Hall of Fame Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP; GEORGIA INDIGENT DEFENSE COUNCIL; EMPLOYEES. Code Section 47-2-321 Enacted. No. 999 (House Bill No. 192). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership

Page 719

of employees of certain state authorities and commissions in the Employees' Retirement System of Georgia, so as to provide that employees of the Georgia Indigent Defense Council shall be members of such system; to define certain terms; to provide for service credit for prior service for certain employees; to provide for employee and employer contributions; to provide that certain such employees shall be subject to the provisions of Code Section 47-2-334; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities and commissions in the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-321. (a) As used in this Code section, the term: (1) `Employee' means any full-time employee of the council employed pursuant to the provisions of subsection (a) of Code Section 17-12-34. (2) `Georgia Indigent Defense Council' or `council' means the Georgia Indigent Defense Council established by Code Section 17-12-32. (3) `Proof of prior employment' means pay records, income tax withholding records, or other records of the council which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an employee of the council.

Page 720

(b) Effective July 1, 1994, or on the date of employment, each employee of the council shall become a member of the retirement system. (c) (1) This subsection shall apply only to an employee of the council employed by the council prior to July 1, 1994. (2) An employee of the council who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an employee of the council, subject to the requirements of this subsection. Any such employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the employee had been a member of the retirement system during such period. The council shall pay from any funds available to the council the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The council shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the council, the employee shall receive full creditable service

Page 721

under the retirement system for all prior employment as an employee of the council. (d) Any employee of the council who was already a member of the retirement system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an employee of the council on or after July 1, 1994, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsection (d) of this Code section, an employee of the council becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Indigent Defense Council. The council shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

Page 722

RETIREMENTSUPERIOR COURT JUDGES; STATE COURT JUDGES AND SOLICITORS; PROHIBITIONS ON RETIRED JUDGES AND SOLICITORS OF HOLDING PUBLIC OFFICE OR PRACTICING LAW REPEALED. Code Title 47, Chapters 8, 9, and 10 Amended. No. 1000 (House Bill No. 147). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal certain provisions which prohibit retired superior court judges, state court judges, and state court solicitors from holding public office or engaging in the private practice of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-8-61, relating to the term of office as senior judge under the Superior Court Judges Retirement Fund and related matters, and inserting in lieu thereof the following: 47-8-61. All persons appointed as senior judges under this chapter shall hold such office for life. The Governor may call upon such judges to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Such judges are also authorized to serve in the superior courts as may be otherwise provided by law. Section 2 . Said title is further amended by striking in its entirety Code Section 47-8-66, relating to the suspension of appointment to the office of senior judge for certain reasons under the Superior Court Judges Retirement Fund, which reads as follows:

Page 723

47-8-66. (a) Notwithstanding any other provisions of this chapter, if any judge of a superior court becomes eligible for appointment or is actually appointed a senior judge under this chapter and while so eligible for appointment or holding such an appointment is elected, appointed to, or qualifies for an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, his right to appointment as senior judge or to continue to hold such an appointment and to draw the salaries fixed therefor under this chapter shall be suspended during the period of time that he holds such office. Upon ceasing to hold such office, he shall then be entitled to appointment to the office of senior judge or to reappointment to that office with all the obligations, rights, and duties set forth in this chapter. His compensation as a senior judge in such event shall be the same amount as would be received by him as a senior judge if his appointment or reappointment were his initial appointment as such. (b) The purpose of this Code section is to permit any judge of a superior court who may have been appointed senior judge or who may be eligible for appointment as senior judge to accept some other office of profit or trust under the Constitution of the United States or the Constitution of Georgia without affecting his then existing rights under this chapter, except to suspend the right to hold that office and to receive the salary provided therefor while holding such other office. (c) During the time that such judge of the superior court or senior judge is holding another office under the Constitution of the United States or the Constitution of Georgia, he shall not be required to make any contributions under this chapter., and inserting in lieu thereof the following: 47-8-66. Reserved. Section 3 . Said title is further amended by redesignating subsection (c) of Code Section 47-9-60, relating to the creation of the office of senior judge under the Superior Court

Page 724

Judges Retirement System and related matters, as subsection (b) and by striking in its entirety current subsection (b), which reads as follows: (b) No senior judge of the superior courts shall be eligible for election or appointment to any other office of this state and may not practice law. Any judge of the superior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and practice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter until such former judge accepts appointment as senior judge and attains early retirement age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making application to the Governor for appointment as a senior judge. Section 4 . Said title is further amended by striking in its entirety Code Section 47-10-107, relating to eligibility for election to state office and to practice law while receiving benefits under the Trial Judges and Solicitors Retirement Fund, which reads as follows: 47-10-107. Any judge or solicitor of an inferior court who is receiving retirement benefits under this chapter shall be ineligible for election or appointment to any other office in this state; provided, however, that the provisions of this Code section shall not prohibit a former judge who is receiving retirement benefits under this chapter from being appointed as a senior judge if qualified for such appointment pursuant to the provisions of Article 8 of this chapter., and inserting in lieu thereof the following:

Page 725

47-10-107. Reserved. Section 5 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. PROBATE COURTSERVICE OF MINOR OR INCAPACITATED ADULT. Code Section 15-9-17 Amended. No. 1001 (House Bill No. 71). AN ACT To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such person's legal guardian or guardian ad litem; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, is amended by inserting at the end thereof the following:

Page 726

15-9-17. Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of a minor or an incapacitated adult is required, such service may be made by: (1) Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail; and (2) Serving the legal guardian or guardian ad litem of such minor or incapacitated adult if such legal guardian or guardian ad litem: (A) Acknowledges receipt of such service; and (B) Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult. The acknowledgment and certification of the legal guardian or guardian ad litem and the certificate of the mailing to the minor or incapacitated adult shall be filed with the court as proof of such service. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. TEACHERS RETIREMENT SYSTEM OF GEORGIAQUALIFICATIONS FOR CREDITABLE SERVICE. Code Section 47-3-90 Amended. No. 1002 (House Bill No. 230). AN ACT To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service

Page 727

under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-3-90 to read as follows: 47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a capacity specified by subsection (a) of Code Section 20-2-850 may, subject to the limitations of subsection (b) and the requirements of subsection (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of the member's pregnancy. (b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months. (c) A member who desires to establish creditable service under this Code section must:

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(1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board employee and employer contributions for the period of creditable service claimed by the member based on the salary of the member immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually from the time of the absence because of pregnancy until the date of payment. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. FIRE PROTECTION AND SAFETYBLASTERS; REGULATION. Code Sections 25-8-6 and 25-8-7 Amended. No. 1003 (House Bill No. 866). AN ACT To amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives; to provide for

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations, is amended by striking in its entirety Code Section 25-8-6, relating to registration and identification cards for explosives users, and inserting in lieu thereof a new Code Section 25-8-6 to read as follows: 25-8-6. Every person engaged in any use of explosives regulated by this chapter shall be licensed in accordance with the provisions of Code Section 25-2-17. Section 2 . Said chapter is further amended by striking in its entirety Code Section 25-8-7, relating to refusal, suspension, or revocation of registration certificates, and inserting a new Code Section 25-8-7 to read as follows: 25-8-7. Issuance of a license for the use of explosives may be refused or such a license which has been duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner if the Commissioner finds that the applicant for or the holder of the license: (1) Has violated any provision of this chapter or of any other law of this state or any regulation duly promulgated by the Commissioner; (2) Has intentionally misrepresented or concealed any material fact in the application for the license or any document filed in support thereof; (3) Has permitted any person in his or her employ, either by direct instruction or by reasonable implication, to violate this chapter; (4) Has been convicted of a felony by final judgment in any state or federal court;

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(5) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; or (6) Has otherwise shown a lack of trustworthiness or lack of competence to act as a blaster. 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 1, 1994. MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; SUSPENSION FOR CONVICTIONS IN OTHER JURISDICTIONS; DRUG-RELATED OFFENSES; JUVENILE ADJUDICATIONS. Code Title 40, Chapter 5 Amended. No. 1004 (House Bill No. 1000). 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 suspension of licenses for convictions in other jurisdictions; to provide that licenses be suspended as provided in Code Section 40-5-63; to provide for crimes for which a person's driver's license shall be suspended; to provide that juvenile adjudications for violating Code Section 40-6-391 shall be convictions for purposes of Code Section 40-5-63; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-52, relating to suspension of driver's license or nonresident's operating privilege for conduct in another state, in its entirety and inserting in lieu thereof the following: (a) The department shall suspend, as provided in Code Section 40-5-63, the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of a conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391 or any drug-related offense. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension of a driver's license, in its entirety and inserting in lieu thereof the following: (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; provided, however, that any person convicted of a drug-related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75: (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 completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human

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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 period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of

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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 previous accepted pleas of nolo contendere to an

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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. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following: (a) The driver's license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraphs (2), (3), or (5) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the

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Department of Public Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug-related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions: (A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;

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(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following: (b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture,

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cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraphs (2), (3), or (5) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license. Section 5 . Said chapter is further amended by striking subsection (g) of Code Section 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following: (g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section. 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 1, 1994.

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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAEMPLOYEES OF COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES; MEMBERSHIP. Code Title 47, Chapter 2, Article 8, Part 9 Amended. No. 1005 (House Bill No. 1153). AN ACT To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain county employees in the Employees' Retirement System of Georgia, so as to define a certain term; to provide for membership of employees or former employees of county department of family and children services in such retirement system; to provide for service credit for certain prior service; to provide for the transfer of funds; to provide for election and notification options; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain county employees in the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-298, relating to creditable service in the Employees' Retirement System of Georgia for employees or former employees of a county department of family and children services in each county of this state having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census, and inserting in lieu thereof the following: 47-2-298. (a) As used in this Code section, the term `local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county department of family and children services and the term includes any such retirement

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or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (b) Any employee or former employee of a county department of family and children services who is or was a member of a local retirement system and who is or becomes a member of this retirement system, subject to the requirements of this Code section, shall obtain creditable service under this retirement system as provided in this subsection. Upon notification in writing by the board of trustees of this retirement system to the board of trustees or other managing body of the local retirement system, the board of trustees or other managing body of the local retirement system shall transfer to this retirement system an amount equal to the employer contributions, plus regular interest thereon, which had been paid to the local retirement system on behalf of each employee and any employee contributions which have been paid to the local retirement system by or on behalf of each employee and have not been withdrawn from the local retirement system, plus regular interest thereon. The board of trustees of this retirement system shall determine the period of time that such amount will fund as creditable service under this retirement system without creating any additional accrued liability of the retirement system. The amount of creditable service so determined shall be the creditable service to which the member is entitled. (c) Employees or former employees of a county department of family and children services who are subject to the provisions of this Code section shall exercise the option provided by this Code section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than September 30, 1994. For employees or former employees of a county department of family and children services who become members of this retirement system after July 1, 1994, such election and notification must be made within 90 days of becoming a member of this retirement system. Any such employee failing to exercise the option granted by this Code section within such

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time limitation shall not at any time thereafter be eligible to become a member of this retirement system as an employee of a county department of family and children services. Any such employee shall make payment to the board of trustees of this retirement system of a sum equal to their employee contributions which had been paid to the local retirement system during the years of service for which credit is being claimed and thereafter shall not be entitled to receive any benefit from the local retirement system. (d) Employees or former employees of a county department of family and children services who are or become members of this retirement system and who obtain credit for service pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except to the extent that said Code section prohibits obtaining prior service as creditable service as authorized by subsection (b) of this Code section. (e) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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MOTOR VEHICLES AND TRAFFICCERTIFICATES OF TITLE; MOBILE HOMES; MANUFACTURED HOMES; TRANSFER; RETIRED CERTIFICATES. Code Title 40, Chapter 3 Amended. No. 1006 (House Bill No. 1233). AN ACT To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to repeal the provision that the certificate of title for a mobile home which has been declared to be real property shall be retired; to provide that all applications for a certificate of title for a mobile home or for a manufactured home should include the complete serial number issued by the manufacturer; to provide for certification of payment of ad valorem taxes on a mobile home or manufactured home as a condition to transfer of a certificate of title on such home; to provide for the reinstatement of all certificates of title for mobile homes which were retired during a certain time 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 . Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by striking paragraph (19) of Code Section 40-3-4, relating to exclusions from the requirement for a certificate of title, which reads as follows: (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

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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., in its entirety and by striking at the end of paragraph (18) of said Code section, the symbol and word ; or and inserting in lieu thereof a period. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following: (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner on the prescribed form. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or the appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents

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have not been resubmitted as required under this subsection. Such application shall contain: (1) The name, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, and whether new, used, or a demonstrator and, for a manufactured home, the manufacturer's statement or certificate of origin and the full serial number for all manufactured homes sold in this state on or after July 1, 1994; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vehicle and to enable the commissioner to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle. Section 3 . Said chapter is further amended by adding a new Code Section 40-3-31.1 to read as follows: 40-3-31.1. The commissioner shall issue a new certificate of title to replace any certificate of title for a mobile home which was retired pursuant to the former provisions of Code Section 40-3-4, authorizing the retirement of the certificate of title for a mobile home which was declared real property by the tax commissioner or tax collector of the county in which such mobile home is located. Any lienholder or security interest holder with an interest in such mobile home may make application to the commissioner to have such interest recorded on the new certificate of title, and such lien or security interest shall relate back to the original

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date of creation without any lapse due to the retirement of such certificate of title. Section 4 . Said chapter is further amended by adding a new Code Section 40-3-32.1 to read as follows: 40-3-32.1. In addition to any other requirements imposed by this chapter for the transfer of a certificate of title, the purchaser of a manufactured home shall submit an application for a transfer of title to the local tag agent in the county in which the manufactured home is to be installed, which application shall indicate the full serial number for such manufactured home and shall be accompanied by a certificate of the tax commissioner or tax collector of the county in which the manufactured home was previously installed, if different, stating that all ad valorem taxes assessed against such manufactured home have been paid. No new certificate of title shall be issued for a manufactured home unless all ad valorem taxes on such home have been paid. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. GEORGIA POLYGRAPH EXAMINERS ACTREPEALED. Code Title 43, Chapter 36 Repealed. No. 1007 (House Bill No. 1391). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 36 of such title, the Georgia Polygraph Examiners Act; 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 striking in its entirety Chapter 36 of such title, the Georgia Polygraph Examiners Act, and inserting in lieu thereof the following: CHAPTER 36 RESERVED Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. MOTOR VEHICLES AND TRAFFICHABITUAL VIOLATORS; PROBATIONARY DRIVERS' LICENSES; CRIMINAL RECORDS CHECK. Code Section 40-5-58 Amended. No. 1008 (House Bill No. 1471). AN ACT To amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to change the provisions relating to conditions under which a probationary driver's license may be issued; to repeal certain provisions that require the Department of Public Safety to conduct a criminal records check on applicants for a probationary driver's license; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary

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drivers' licenses, is amended by striking subparagraph (e)(1)(D) in its entirety and inserting in lieu thereof a new subparagraph (e)(1)(D) to read as follows: (D) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of Title 3, relating to alcoholic beverages, or of violating any provision of Chapter 13 of Title 16, relating to controlled substances;. Section 2 . This Act shall become effective upon its approval by the Governor 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 1, 1994. COMMERCENOTICE FROM SURETY TO CREDITOR TO COLLECT FROM PRINCIPAL; SPECIFIC CONTENTS REQUIRED. Code Section 10-7-24 Amended. No. 1009 (House Bill No. 1632). AN ACT To amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for specificity in the notice from the surety to the creditor; 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 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of

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creditor and surety, is amended by striking Code Section 10-7-24, relating to refusal to sue surety after notice by surety as discharge, in its entirety and inserting in its place the following: 10-7-24. Any surety, guarantor, or endorser, at any time after the debt on which he or she is liable becomes due, may give notice in writing to the creditor, his or her agent, or any person having possession or control of the obligation, to proceed to collect the debt from the principal or any one of the several principals liable therefor; and, if the creditor or holder refuses or fails to commence an action for the space of three months after such notice (the principal being within the jurisdiction of this state), the endorser, guarantor, or surety giving the notice, as well as all subsequent endorsers and all cosureties, shall be discharged. To comply with the requirements of this Code section, the notice must specifically state that the creditor loses his or her rights to pursue the surety, guarantor, or endorser, as well as any cosureties, coguarantors, or endorsers, if the creditor does not commence legal action within three months after receving the notice. Further, any notice which does not state the county in which the principal resides shall not be considered to be in compliance with the requirements of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994. SHERIFFS AND DEPUTIESBONDS; CONDITIONED UPON ACCOUNTING FOR FUNDS AND PROPERTY UNDER CONTROL. Code Sections 15-16-5 and 15-16-23 Amended. No. 1010 (House Bill No. 1667). AN ACT To amend Code Section 15-16-5 of the Official Code of Georgia Annotated, relating to sheriffs' required bonds, so as to

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provide that bonds be conditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession; to amend Code Section 15-16-23 of the Official Code of Georgia Annotated, relating to the appointment of deputy sheriffs, so as to provide that bonds be conditioned on the faithful accounting for all public and other funds or property coming into the deputies' custody, control, care, or possession; 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 . Code Section 15-16-5 of the Official Code of Georgia Annotated, relating to sheriffs' required bonds, is amended by striking said Code section and inserting in its place a new Code Section 15-16-5 to read as follows: 15-16-5. The sheriffs shall give a bond in the sum of $25,000.00, which amount may be increased in any county by local Act, conditioned for the faithful accounting for all public and other funds or property coming into the sheriffs' or their deputies' custody, control, care, or possession. Section 2 . Code Section 15-16-23 of the Official Code of Georgia Annotated, relating to the appointment of deputy sheriffs, is amended by striking said Code section and inserting in its place a new Code Section 15-16-23 to read as follows: 15-16-23. Sheriffs are authorized in their discretion to appoint one or more deputies. Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon the faithful accounting for all public and other funds or property coming into the deputy's custody, control, care, or possession. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1994.

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STATE PROPERTYSALE, LEASE, OR EXCHANGE OF PROPERTY IN FULTON COUNTY TO NORFOLK SOUTHERN RAILWAY COMPANY. No. 62 (Senate Resolution No. 462). A RESOLUTION Authorizing the conveyance, lease, or exchange of certain state owned real property located in Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Fulton County, Georgia, lying and being a part of the 17th District and being more particularly described as follows: PARCEL NO. 1: Beginning at a point in the Land Lot Line dividing Land Lots 223 and 228, said point being thirty-three (33) feet south along said Land Lot Line from the intersection of the said Land Lot Line with the centerline of the relocated main track of the Western and Atlantic Railroad Company at Valuation Station 274+08.9; thence in an easterly direction along a line thirty-three (33) feet southwestwardly from and parallel to the centerline of the said relocated main track, a distance of nine hundred sixty-one (961) feet, more or less, to a point at right angles opposite valuation Station 264+38.7; thence S 2 17' E a distance of one hundred forty-seven and seven tenths (147.7) feet to a point; thence S 88 49' W a distance of nine hundred fiftyseven (957) feet, more or less, to a point in the said Land Lot Line; thence in a northerly direction along said Land Lot Line a distance of one hundred ninety-eight (198) feet to the point of beginning, containing 4.40 acres, more or less. PARCEL NO. 2: Beginning at a point in the Land Lot Line dividing Land Lots 223 and 228, said point being thirty-three (33) feet south along said Land Lot Line from the

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intersection of the said Land Lot Line with the centerline of the relocated main track of the Western and Atlantic Railroad Company at Valuation Station 274+08.9; thence south along said Land Lot Line a distance of sixteen and five tenths (16.5) feet to a point; thence in a westerly direction along a line curving to the right, said line being the southerly boundary of the Western and Atlantic Railroad Company's original right-of-way, a distance of five hundred sixty-seven and one tenth (567.1) feet to a point; thence N 43 10' W a distance of six hundred thirty-two and two tenths (632.2) feet to a point thirty-three (33) feet southwestwardly from and at right angles to a point in the centerline of said main tract at Valuation Station 285+06.3; thence in a southeasterly direction along a line thirty-three (33) feet southwestwardly from and parallel to the centerline of said main track a distance of one thousand one hundred twenty-four and seven tenths (1,124.7) feet to the point of beginning, containing 1.48 acres, more or less; and WHEREAS, said property is under the custody of the Georgia State Properties Commission; and WHEREAS, said property is presently leased to Norfolk Southern Railway Company and is utilized as a welding plant facility; and WHEREAS, said lease expires December 31, 1994; and WHEREAS, Norfolk Southern Railway Company has approached the state about renewing said lease or acquiring said property or exchanging properties of comparable value. 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 or leased by appropriate instrument for a consideration

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of not less than the fair market value of such property or exchanged for property of comparable value and 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 or lease 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 conveyance. Section 5 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Fulton 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 Act are repealed. Approved April 1, 1994. STATE PROPERTYEASEMENTS IN MCINTOSH, TATTNALL, GWINNETT, GLYNN, AND BANKS COUNTIES TO GEORGIA POWER COMPANY, GTE TELEPHONE SYSTEMS, SOUTH AREA, AND JACKSON ELECTRIC MEMBERSHIP CORPORATION. No. 63 (Senate Resolution No. 463). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility

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facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in McIntosh, Tattnall, Gwinnett, Glynn, and Banks 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 McIntosh, Tattnall, Gwinnett, Glynn, and Banks counties, Georgia; and WHEREAS, Georgia Power Company, GTE Systems, South Area, and Jackson Electric Membership Corporation desire to operate and maintain telecommunications and utility facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these telecommunications and utility facilities in, on, over, under, upon, across, or through the abovedescribed state property would be for the benefit of the State of Georgia and have been requested and approved by the Department of Natural Resources with respect to property under the jurisdiction and control of the Department of Natural Resources and the Department 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 in McIntosh 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 Georgia Power Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a power line in, on, over, under, upon, across, or through the easement area for the purpose of constructing,

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erecting, installing, maintaining, repairing, replacing, inspecting, and operating a certain power line on Sapelo Island to serve Mr. Bill Brasher and the A.B.C. Church, 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 1312th Georgia Militia District of McIntosh County, Georgia, and is more particularly described on that certain revocable license agreement dated September 27, 1993, and being Real Property Record number 008430. This description indicating the easement area is on file in the offices of the State Properties Commission. Section 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said power line. 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 line. Section 5 . That, after Georgia Power Company has put into use the power 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, 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.

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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. 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 McIntosh 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 in Tattnall County, hereinafter referred to as the easement area, and that, in all matters

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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 GTE Telephone Systems, South Area, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a remote telecommunications cabinet in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a remote telecommunications 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 1700th Georgia Militia District of Tattnall County, Georgia, as shown on a drawing marked EXHIBIT A of that certain revocable license agreement listed as SPC 601.90 on property in the custody of the Department of Corrections prepared by GTE Telephone Systems, South Area, 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 GTE Telephone Systems, South Area, to the State Properties Commission for approval. 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 remote telecommunications cabinet. Section 16 . That GTE Telephone Systems, South Area, 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 remote telecommunications cabinet. Section 17 . That, after GTE Telephone Systems, South Area, has put into use the remote telecommunications 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, title, privileges, powers, and easement granted herein. Upon abandonment,

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GTE Telephone Systems, South Area, 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 GTE Telephone Systems, South Area, and, except as herein specifically granted to GTE Telephone Systems, South Area, 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 GTE Telephone Systems, South Area. Section 19 . 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, GTE Telephone Systems, South Area, shall remove or relocate its facilities at its sole cost and expense. Section 20 . That the easement granted to GTE Telephone Systems, South Area, 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 Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.

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Section 23 . That the authorization in this resolution to grant the above-described easement to GTE Telephone Systems, South Area, 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 in Gwinnett 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 26 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson Electric Membership Corporation, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical utility line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating an electrical utility 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 the 1397th Georgia Militia District of Gwinnett County, Georgia, as shown on a drawing prepared by the commissioner of the Department of Corrections dated March 24, 1993, 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 Jackson Electric Membership Corporation 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 electrical utility line.

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Section 28 . That Jackson Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical utility line. Section 29 . That, after Jackson Electric Membership Corporation has put into use the electrical utility 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, Jackson Electric 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 30 . That no title shall be conveyed to Jackson Electric Membership Corporation, and, except as herein specifically granted to Jackson Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Jackson Electric Membership Corporation. Section 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, Jackson Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. Section 32 . That the easement granted to Jackson Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long

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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 Gwinnett 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 Jackson Electric Membership Corporation shall expire three years after the date that this resolution becomes effective. 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 in Glynn 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 38 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical utility line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a power distribution 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 the 25th Georgia Militia District of Glynn County, Georgia, as shown on a drawing

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marked EXHIBIT A of that certain revocable license agreement listed as SPC 601.96, prepared by Georgia Power Company, 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 Georgia Power Company 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 power distribution line. 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 power distribution line. Section 41 . That, after Georgia Power Company has put into use the power distribution 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, Georgia Power Company, or its succesors 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

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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. Section 46 . That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn 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 the State of Georgia is the owner of the hereinafter described real property in Banks 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 50 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia

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Power Company, 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, installing, maintaining, repairing, replacing, inspecting, and operating 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 located in Land Lots 196 and 197 of the 10th District of Banks County as shown in purple on that certain drawing entitled Alto Feeder Relocation dated October 3, 1993, on property in the custody of the Georgia Department of Corrections and on file in the offices of 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 Georgia Power Company to the State Properties Commission for approval. Section 51 . 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 52 . 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. Section 53 . 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 54 . That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to

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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 55 . 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 56 . 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 57 . 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 58 . That this grant of easement shall be recorded by the grantee in the Superior Court of Banks County and a recorded copy shall be forwarded to the State Properties Commission. Section 59 . 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 60 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VI Section 61 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 62 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 1, 1994. MARTIN LUTHER KING, JR., BOULEVARDDESIGNATED. No. 64 (Senate Resolution No. 516). A RESOLUTION Designating a portion of the U.S. Highway 278, State 100 Bypass as the Martin Luther King, Jr., Boulevard; and for other purposes. WHEREAS, the State of Georgia is world-renowned as the home of Dr. Martin Luther King, Jr.; and WHEREAS, the accomplishments of Dr. King during the civil rights movement were among the most significant of the 20th century; and WHEREAS, the course of world history was changed by his vision, courage, and sacrifice; and WHEREAS, he was an extraordinary man whose strength, commitment, and leadership energized and motivated a nation; and WHEREAS, it is only fitting and proper that a portion of the U.S. Highway 278, State 100 Bypass running eastwardly to the city limits of the City of Cedartown, Georgia, be designated the Martin Luther King, Jr., Boulevard.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a portion of the U.S. Highway 278, State 100 Bypass beginning at Business U.S. 27 running eastwardly to the city limits of the City of Cedartown, Georgia, and encompassing certain portions of Cedar Hill Street is designated as the Martin Luther King, Jr., Boulevard. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said boulevard. Approved April 1, 1994. SOCIAL SERVICESAID TO DEPENDENT CHILDREN ACT; WORK FOR WELFARE PROGRAM ESTABLISHED. Code Title 49, Chapter 4, Article 5 Amended. No. 1028 (Senate Bill No. 464). AN ACT To amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Aid to Dependent Children Act, so as to provide for definitions; to provide that certain recipients of public assistance and certain nonsupporting parents of children on whose behalf such assistance is received must participate in the Work for Welfare Program; to establish such program and provide for pilot tests thereof and waiver requests regarding the program; to provide for implementation; to provide for program purposes; to specify participation requirements; to authorize certain governmental agencies and nonprofit organizations to designate positions for program participants and provide for terms and conditions relating thereto; to provide for program coordinators and the duties thereof; to provide for a report concerning incentives for private sector employment of participants to be filed with the General Assembly; to provide for participant lists and assignments; to provide for sanctions for nonparticipation in the program; to provide for notice, hearing, and appeals; to provide for assignment

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priorities; to provide when program participation is not required; to provide for ineligibility of participants for certain benefits; to provide that participants will not be considered agents or employees of the state or of certain agencies or organizations; to provide for exemptions; to provide for income tax consequences; to provide for rules and regulations; to provide for notices of employment opportunities and applications for employment; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for waivers and implementation; to require certain state departments to provide notices and information regarding the federal earned income tax credit (EITC); to remove certain limits upon the value of vehicles which may be owned by AFDC recipients or applicants; to provide for a public information campaign; to extend AFDC eligibility for certain children up to 19 years of age; to eliminate certain monthly reporting in the AFDC program and food stamp program; 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 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Aid to Dependent Children Act, is amended by adding immediately following Code Section 49-4-115 a new Code section to read as follows: 49-4-116. (a) As used in this Code section, the term: (1) `AFDC benefits' means assistance to recipients of Aid to Families with Dependent Children granted pursuant to this article. (2) `Cash assistance' means the money payment component of AFDC benefits. (3) `County DFACS office' means a county department of family and children services office. (4) `Federal agency' means any department or agency of the United States government.

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(5) `Local government agency' means any county, municipality, or board of education or any department, agency, or instrumentality of any of those entities. (6) `Nonprofit organization' means an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, and which is nonsectarian. (6.1) `Nonsupporting parent' means any parent of a child on whose behalf cash assistance is received for at least 24 months out of the last 36 months, when the month of such receipt is after January 1, 1992, which parent is (A) Not a recipient; (B) Under court order to support such child; (C) At least 60 days in arrears in such support; (D) Employed less than 20 hours per month; and (E) Resides in a pilot county. (7) `Participant' means any recipient or nonsupporting parent who is required to participate in the program. (8) `Pilot county' means any county in which the program has been established. (9) `Recipient' means any person who is 18 years of age or over and who receives cash assistance for both that person and any dependent child. (10) `State agency' means any department, agency, or instrumentality of this state.

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(11) `Work for Welfare Program' or `program' means the Work for Welfare Program established pursuant to subsection (c) of this Code section. (b) Each recipient who has received cash assistance for at least 24 months out of the last 36 months must participate in the Work for Welfare Program in return for receiving cash assistance unless that person is exempt from participation pursuant to subsection (n) of this Code section. Months of receipt include temporary periods in which the recipient is ineligible for cash assistance pursuant to a penalty for failure to comply with eligibility requirements and include any month of receipt of cash assistance after January 1, 1992. (b.1) A nonsupporting parent who is not exempt under subsection (n) of this Code section may be ordered to participate in the Work for Welfare Program for no more than 20 hours per month if so ordered by the court which ordered that parent to support such person's child on whose behalf cash assistance is received. (c) There is established the Work for Welfare Program. No later than July 1, 1994, the department shall design a pilot Work for Welfare Program which meets the requirements of this Code section and by that date shall submit a request for waivers to the appropriate federal agencies requesting approval of such program in no more than ten counties in this state. The department shall implement the program in those pilot counties no later than the first date upon which those provisions of this Code section have become effective so as to allow full implementation of this Code section. (d) The Work for Welfare Program is established for the following purposes: (1) To emphasize the contractual nature of assistance so that recipients perform services in exchange for cash assistance and so that nonsupporting parents perform services in exchange for cash assistance received by their children;

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(2) To give recipients and nonsupporting parents work experience that will help them in achieving self-sufficiency through employment and maintain self-dignity and pride; and (3) To provide governmental agencies and nonprofit organizations with labor for those jobs which do not require full-time permanent employees. (e) Each recipient who is required to participate in the program pursuant to subsection (b) of this Code section and who resides in a pilot county and each nonsupporting parent under court order to participate is required to participate in the program for 20 hours per month. If 20 hours are not available in positions in agencies and organizations other than a county DFACS office, the recipient or nonsupporting parent must participate in other work or job search activities specified by the county DFACS office for such portions of that 20 hour period in which those positions are not available. (f) Federal agencies, state agencies, local government agencies, and nonprofit organizations may designate Work for Welfare Program positions in such agencies or organizations for recipients and nonsupporting parents required to participate in the program. Such agencies and organizations are encouraged to participate in designating such positions and to cooperate with the program coordinator for the applicable pilot county in developing those positions. Such positions shall not result in the displacement of persons who are already employed as regular full-time or part-time employees of such agencies or organizations. (g) (1) The commissioner shall designate a Work for Welfare Program coordinator from each Positive Employment and Community Help (PEACH) local coordinating council which serves each pilot county. This coordinator will solicit employer participation and market the Work for Welfare Program to those agencies and organizations who may specify positions for the program pursuant to subsection (f) of this Code section. The coordinator will also enroll such agencies and organizations

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in the program and determine the hours of opportunity for public service they will provide monthly to participants for workplace experience in those agencies or organizations. (2) The Work for Welfare Program coordinators from the pilot counties shall be authorized and directed to report as a group to the General Assembly any recommendations concerning incentives to encourage the employment of participants by private sector employers. Such report shall be made to the General Assembly not later than six months after the implementation date of the Work for Welfare Program. (h) County DFACS offices shall maintain a list of recipients and nonsupporting parents who are required to participate in the program and assign specific participants from that list to agencies and organizations enrolled in the program. Such assignments will be based upon guidelines developed by the department which take into account factors which include without being limited to availability of transportation and proximity to service site. A participant shall not be required to be personally responsible for payment of transportation costs associated with the Work for Welfare Program. (i) A recipient required to participate in the program who, without good cause, does not participate as required shall: (1) For the first violation be denied cash assistance for one month for the recipient; (2) For the second violation be denied cash assistance for three months for the recipient; and (3) For the third violation be denied cash assistance for 24 months for the recipient, after the expiration of which 24 month period the recipient will be deemed to have no prior violation.

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The department shall specify what constitutes good cause for purposes of this subsection, and this shall include without being limited to temporary illness of the recipient or dependent child, any court mandated appearance, and temporary unavailability of transportation. The denial of cash assistance pursuant to this subsection shall be an action subject to notice, opportunity for hearing, and judicial review under Code Section 49-4-13. A nonsupporting parent who is required by court order to participate in the program and who does not participate in the program may be held in contempt of court for violating the order requiring such participation. (j) Agencies and organizations shall be given preference for Work for Welfare Program assignments in the following order of priority: (1) State agencies; (2) Local government agencies; (3) Federal agencies; and (4) Nonprofit organizations. (k) Work for Welfare Program participation by recipients shall not be required during school vacation times in the summer or during holidays and shall be scheduled to accommodate school hours as such may impact a specific recipient who is required to participate in the program. (l) To the extent practical and feasible, each participant in the program should be given consisten work assignments with an agency or organization which will enhance and develop specific work skills of that participant and which will take into consideration the interests, abilities, and experience of that participant. (m) A participant shall not be eligible for any minimum wage, unemployment compensation, or workers' compensation benefit or any health, retirement, or other benefits from the agency or organization for which the participant is performing services nor shall such participant be considered to

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be an agent or employee of such agency or organization or of the state. (n) The following persons are exempt from the Work for Welfare Program: (1) A disabled or incapacitated adult; (2) A caretaker of a disabled or incapacitated dependent person living in the household; (3) A caretaker whose needs are not included in the cash assistance grant; (4) A person who remains in an educational or job-training program; (5) A person who is working at least 20 hours a month to support himself or herself and his or her family; (6) A person actively participating in a Positive Employment and Community Help (PEACH) Program component; (7) A person who does not have transportation to the service site; (8) A recipient caretaker who has a child under five years of age as of September 1 of a school year; and (9) A recipient or nonsupporting parent who is 60 years of age or over. (o) Credit for participation in the program shall not constitute income for state income tax purposes. (p) The department shall promulgate rules and regulations implementing the Work for Welfare Program on a pilot basis.

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(q) The department shall give Work for Welfare Program credit on an hour per hour basis if the participant is employed for less than 20 hours per month and is paid for such work. The department shall ensure that each participant receives notice of and an opportunity to apply for any paid employment which becomes available in the agency or organization to which the participant is assigned. Section 2 . Said article is further amended by adding following Code Section 49-4-116 a new Code section to read as follows: 49-4-117. (a) Title. This Code section shall be known and may be cited as the `Initiative to Promote Work, Education, and Family Stability.' (b) Legislative findings and intent. The General Assembly finds that the economic future of the state rests on the success and productivity of Georgia's children, too many of whom are growing up in poverty and in families caught in a cycle of dependency. Investing in these children, in their families, and in their ability to gain and maintain self-sufficiency is an investment in Georgia's future. The General Assembly further recognizes that the current AFDC regulations create barriers and disincentives to gaining and maintaining employment for recipient families and that steps should be taken to remove some of these barriers by making sure that: (1) Going to work does not disrupt family formation and that working families can truly increase their standard of living; (2) Teenagers in AFDC-receiving families have the opportunity to secure a better future for themselves; and (3) The regulations do not make it difficult for AFDC recipients to get to work and that working does not mean the loss of critical supports. The General Assembly also finds that there are programs currently available in Georgia that are of significant financial benefit to AFDC recipients and low-income Georgians

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that are not being fully utilized and that steps should be taken to increase the utilization of these programs. (c) Definitions. As used in this Code section, the term: (1) `AFDC' means Aid to Families with Dependent Children, as provided pursuant to this article. (2) `EITC' means earned income tax for credit provided under the Internal Revenue Code. (d) State experimentation. No later than July 1, 1994, the Department of Human Resources shall request the waiver or waivers necessary to implement subsection (g) of this Code section from the secretary of the federal Department of Health and Human Services, other federal agencies, or any combination of federal agencies. Each such subsection shall not apply unless the federal waiver as to that subsection is in effect. If a waiver is received, the Department of Human Resources shall implement that sub-section beginning on the first day of the third month after the effective date of the waiver or upon the appropriation of funds to implement the subsection, whichever occurs last. (e) (1) The Department of Labor will include an EITC notice with 1099-G forms mailed to all unemployed workers each January, beginning January, 1995. (2) The Department of Human Resources will publicize the federal government's `800' number to provide information on EITC eligibility and referral to free tax preparation services, beginning no later than December, 1994. (3) All state employees with earnings under the EITC threshold will be sent a notice by the Department of Revenue concerning EITC eligibility, every January, beginning January, 1995. (4) The Department of Human Resources will develop a plan for informing AFDC, food stamps, and

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Medicaid recipients, as well as foster parents, about eligibility for EITC, including an in person explanation, to be implemented no later than December 1, 1994. (f) Vehicle exemption. The Department of Human Resources will request a waiver from the federal Department of Health and Human Services to remove the current $1,500.00 limit on the value of a vehicle an AFDC applicant or recipient can own, when the vehicle is used to commute to work, job training, education or for job search purposes. (g) Increasing school completion. Earnings of children up to 19 years of age who are attending school on a full-time basis in otherwise eligible families shall not be countable as income for AFDC eligibility purposes, and effective July 1, 1996, eligibility for AFDC benefits for all recipients is extended to otherwise eligible families with children up to 19 years of age who are attending school on a full-time basis. (h) Administrative Efficiency. For the AFDC program and the food stamp program, monthly reporting and retrospective budgeting are eliminated. Section 3 . This Act, except for Section 1 thereof, and those provisions of Section 1 of this Act which require the Department of Human Resources to design the Work for Welfare Program and to submit requests to the appropriate federal agencies for waivers to implement that program, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of Section 1 of this Act shall become effective only if such waivers are approved and in that event shall become effective upon the later of January 1, 1995, or six months following the receipt of such waiver approvals. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUNDMEMBERSHIP; CORRECTION OFFICERS; DUES; CREDITABLE SERVICE. Code Sections 47-17-1, 47-17-44, and 47-17-70 Amended. No. 1029 (House Bill No. 498). 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 define certain terms; to provide for certain creditable service; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 sub-paragraph (B) of paragraph (5) of Code Section 47-17-1, relating to definitions relative to such fund, and inserting in lieu thereof the following: (B) Any warden or correction officer of state or county correctional institutions and any warden or correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census who is required by the terms of his or her employment as such warden or correction officer to give his or her full time to his or her job as such warden or correction officer; and any warden or correction officer of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled, provided that any such warden or correction officer as provided in this subparagraph is required by the terms of his or her

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employment to comply with the requirements of the `Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35; Section 2 . Said chapter is further amended by striking at the end of subparagraph (H) of paragraph (5) of said Code Section 47-17-1 the word and, by striking at the end of subparagraph (I) of such paragraph the symbol . and inserting in lieu thereof the symbol ;, and by inserting immediately following such subparagraph the following: (J) Any person who was a member of the fund pursuant to the definitions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but broader supervisory duties, if such person's new position requires him or her to comply with the standards contained in Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' and such person retains his or her powers of arrest; and (K) Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the requirements of Chapter 8 of Title 35, the `Peace Officer Standards and Training Act,' in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35. Section 3 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-17-44, relating to the amount of dues under such fund and matters related thereto, and inserting in lieu thereof the following: (c) Except as provided in subsection (d) of this Code section, any member of the fund who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $10.00 per month plus 10 percent interest per

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annum compounded annually from the date the prior service was rendered to the date of payment for all years claimed as prior service; provided, however, that no member shall be allowed to purchase more than a total of five years of such creditable service. (d) Any member of the fund who qualifies for membership under the definition contained in subparagraph (J) of paragraph (5) of Code Section 47-17-1 who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the 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 claimed as prior service. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-70, relating to prior service credit for members who first apply for membership on or after a certain date, and inserting in lieu thereof the following: (a) No peace officer who first makes application for membership in the fund on or after May 1, 1968, shall be given credit for any prior service, and such peace officer shall receive credit only from the date he or she becomes a member of the fund; provided, however, a member may claim a maximum of five years for service as a peace officer prior to such member's joining the fund if such member complies with subsection (c) of Code Section 47-17-44 and remains an active member of the fund for a period of time at least equal to the number of years claimed for prior service; provided, further, that any member defined in subparagraph (J) of paragraph (5) of Code Section 47-17-1 may claim service as a peace officer prior to such member's joining the fund without regard to such five-year limitation if such member complies with subsection (c) of Code Section 47-17-44.

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Section 5 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. EMPLOYMENT SECURITY BENEFITSOVERPAYMENT; RECOVERY WHEN EMPLOYEE SUBSEQUENTLY RECEIVES BACK WAGES. Code Section 34-8-254 Amended. No. 1030 (House Bill No. 527). AN ACT To amend Code Section 34-8-254 of the Official Code of Georgia Annotated, relating to overpayment of employment security benefits, so as to provide for the recovery of overpayments of unemployment benefits when a terminated employee is subsequently awarded or receives back wages from an employer; to provide for procedures; to provide for powers, duties, and responsibilities of the Commissioner of Labor with respect to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Code Section 34-8-254 of the Official Code of Georgia Annotated, relating to overpayment of employment security benefits, is amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows: (d) Any person who has received any sum as benefits under this chapter and is subsequently awarded or receives back wages from any employer for all or any portion of the same period of time for which such person has received such benefits shall be liable to repay a sum equal to the benefits paid during the period for which such back wages were awarded, as follows: (1) An employer shall be authorized to deduct from an award of back wages the amount of unemployment benefits received by such person under this chapter with respect to the same period of time. The employer shall remit the amount deducted to the Commissioner for the Unemployment Compensation Fund. Upon receipt of such payment the Commissioner shall then make appropriate adjustments in the unemployment contributions experience rating account of the employer as otherwise provided in this chapter; and (2) If the employer is a governmental entity or nonprofit organization that has elected to make payments in lieu of contributions in accordance with Code Section 34-8-158 and the employee is subsequently awarded or otherwise receives payment of back wages for any period of time for which the employee received benefits under this chapter, said employer shall be entitled to a setoff against the award of back wages in an amount equal to all benefits paid to the employee during the period for which such back wages are awarded or received. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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HOSPITAL AUTHORITIESAD VALOREM TAXATION OF REALTY OWNED BY HOSPITAL AUTHORITY OPERATING HOSPITAL OF MORE THAN 100 BEDS LOCATED IN COUNTY OF 50,000 OR MORE AND LEASED PRIMARILY TO PRIVATE FOR PROFIT BUSINESS. Code Section 31-7-72 Amended. No. 1031 (House Bill No. 674). AN ACT To amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, so as to provide that certain real property owned by a hospital authority created in any county, municipality within that county, or combination thereof having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or any subsidary or affiliate thereof shall be subject to state, county, and municipal ad valorem taxation; to provide for applicability criteria; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows: (e) (1) Nothing in this Code section is intended to invalidate any of the acts of existing boards of authorities. Hospital authorities shall be 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 hospital authorities as provided for under this title. (2) Notwithstanding the provisions of paragraph (1) of this subsection or any other law to the contrary, any real property in which 50 percent or more of the floor

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space thereof, excluding halls, corridors, and public spaces, is rented or leased by persons, firms, or corporations engaged in or conducting a private for profit business or profession owned by a hospital authority which is located in a county having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or owned by any subsidiary or affiliate thereof and which hospital authority or subsidiary or affiliate thereof operates a hospital containing more than 100 beds, shall be subject to all state, county, and municipal ad valorem taxes in the same manner as other private 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 5, 1994. EDUCATIONPUBLIC SCHOOL PERSONNEL; LOCAL SALARY SUPPLEMENTS. Code Sections 20-2-55 and 20-2-212 Amended. Code Section 20-2-220 Enacted. No. 1032 (House Bill No. 1177). AN ACT To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements; to amend Code Section 20-2-55, relating to per diem and expenses of members of local boards of education, so as to change the per diem of members of boards of education

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of certain independent school systems; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of public school system personnel, is amended by striking Code Section 20-2-212, relating to salary schedules, and inserting in its place the following: 20-2-212. (a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certified; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other

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respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a prorata portion of the respective salary prescribed by the schedule of minimum salaries. (b) Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held. Section 2 . Said subpart is further amended by adding at the end a new Code section to read as follows: 20-2-220. In any fiscal year in which school bus drivers or full-term school food service managers or food service employees receive any increase in state funds in their salaries, a local unit of administration shall not decrease any local salary supplement for such personnel below the local

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supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held. Section 3 . Code Section 20-2-55, relating to per diem and expenses of members of local boards, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following: (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; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 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, plus reimbursement for actual expenses. 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. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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REVENUEAD VALOREM TAXES; REALTY; VALUATION BY BOARD OF EQUILIZATION OR SUPERIOR COURT; INVESTIGATION REQUIRED BEFORE CHANGE FOR TWO YEARS. Code Section 48-5-299 Amended. No. 1033 (House Bill No. 1196). AN ACT To amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, so as to provide for conditions under which valuations established or decisions rendered on certain appeals can be changed by such board; 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 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, is amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) Real property, the value of which was established by an appeal in any year, that has not been returned by the taxpayer at a different value during the next two successive years, may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market

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value and a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors. Section 2 . This Act shall become effective on January 1, 1995, and shall be applicable to all taxable years beginning on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. REVENUEAD VALOREM TAXES; TEMPORARY TAX BILL DURING PENDENCY OF APPEAL; NOTICE; INTEREST; EXEMPTION FROM INTEREST. Code Section 48-5-311 Amended. No. 1034 (House Bill No. 1207). 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 temporary tax bills during the pendency of a tax appeal; to provide for notice and procedures; to change certain provisions regarding interest on certain taxpayer refunds; to provide for exemptions from interest; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by striking division (e)(6)(c)(iii) and inserting in its place a new division (e)(6)(c)(iii) to read as follows:

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(iii) (I) If the county's 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 specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued. (II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in such taxpayer's 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 November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (III) 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 accure from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accure for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property.

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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: (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 such taxpayer's 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 November 15 of the taxable year in question or the date the final installment of 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 November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property. 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, 1994.

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REVENUEAD VALOREM TAXES; MOTOR VEHICLES; KNOWING FALSE STATEMENT IS FALSE SWEARING; PENALTY. Code Section 48-5-444 Amended. No. 1035 (House Bill No. 1214). AN ACT To amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the county where a motor vehicle is returned for ad valorem tax purposes, so as to specify a criminal penalty for certain false statements in connection with such return; 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 county where a motor vehicle is returned 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) (1) Each motor vehicle owned by a resident of this state shall be returned 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. (2) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, in applying for a new certificate of registration, shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense,

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such person shall be punished as provided by Code Section 16-10-71. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. PAROLECONDITION OF PAROLE OF SPECIFIED SEXUAL OFFENDERS; NOTICE TO PUBLIC SCHOOL SUPERINTENDENT AND SHERIFF; NOTICE WHEN MOVING TO NEW COUNTY; MISDEMEANOR; SHERIFF'S REGISTER. Code Section 42-9-44.1 Enacted. No. 1036 (House Bill No. 1229). AN ACT To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles shall adopt rules providing that as a condition of parole certain sex offenders shall be ordered to provide notice and information to certain officials in the community where the offenders will reside upon release on parole; to provide that the failure to provide such information shall be a violation of the conditions of parole; to define a certain term; to provide for the manner of notice; to require a sex offender who has been paroled to provide information to certain officials in any community to which the sex offender relocates; to make it unlawful for a person to fail to comply with the provisions of this Act or to provide false information; to provide a penalty; to require the sheriff to maintain a register of the names and addresses of sex offenders; to provide for public inspection of such register; to provide for termination of certain duties required of sex offenders upon completion of terms of parole; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-44 and 42-9-45 a new Code Section 42-9-44.1 to read as follows: 42-9-44.1. (a) As used in this Code section, the term `sexual offense' means a violation of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense. (b) (1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to: (A) The superintendent of the public school district where the offender will reside; and (B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within 10 days of the release on parole or within 10 days of setting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence

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within 10 days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor. (e) It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders providing information to the sheriff under this Code section. Such register shall be open to public inspection. (f) The requirement that a sex offender provide notice and information pursuant to subsections (b) and (c) of this Code section shall terminate upon the offender's satisfactory completion of his or her terms of parole. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. REVENUELOCAL GOVERNMENT TAXES ON PUBLIC ACCOMMODATIONS; USE FOR MUSEUM OF AVIATION AND AVIATION HALL OF FAME; USE FOR PEDESTRIAN TRAILS AND WALKWAYS. Code Section 48-13-51 Amended. No. 1037 (House Bill No. 1241). 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

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to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation and aviation hall of fame in lieu of expending a certain portion of the taxes collected for the construction or expansion of certain facilities; to authorize expenditure of a certain portion of the tax proceeds for pedestrian trails or walkways 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 . 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: (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 1/3 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

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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 this title, as amended, 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 nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 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

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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; (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 this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(7)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a `comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 1999. Amounts so expended to meet such 16 2/3 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 . 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, 1994. REVENUEFEDERAL LAW PROVISIONS INCORPORATED INTO STATE LAW; INTERNAL REVENUE CODE AND INTERNAL REVENUE CODE OF 1986 REDEFINED. Code Section 48-1-2 Amended. No. 1038 (House Bill No. 1361). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Public Revenue Code, so as to revise provisions relating to Georgia taxes; to define the terms Internal Revenue Code and Internal Revenue Code of 1986 and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Public Revenue Code, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before

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January 1, 1994. 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, 1994, 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, 1994. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1994, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. LIENSAIRCRAFT; LABOR, MATERIALS, OR CONTRACTS OF INDEMNITY; FILING; RECORDING; RECORDING FEES. Code Section 44-14-518 Enacted. No. 1039 (House Bill No. 1400). AN ACT To amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for labor performed, materials furnished, or for contracts of

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indemnity provided; to provide for the filing of such liens; to provide for the recording of such liens by the clerks of the superior courts; to provide for recording fees; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, is amended by adding a new Code section to read as follows: 44-14-518. Any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for any reasonable charges therefor, including charges for labor, for the use of tools, machinery, and equipment, and for all accessories, materials, fuel, oils, lubricants, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, within 90 days after such service, supplies, accessories, or contracts of indemnity are furnished, in the office of the clerk of superior court of the county within which the aircraft was located at the time such service, supplies, accessories, or contracts of indemnity were furnished, a statement, subscribed and sworn to by such person or by some person in his or her behalf, giving a just and true account of the demands claimed to be due, with all just credits and the name of the person to whom the service, supplies, accessories, or contracts of indemnity were furnished, the name of the owner of the aircraft, if known, and a description of the aircraft sufficient for identification. Such statement shall be recorded by the clerk in a book kept for that purpose, for which the clerk shall receive the same fees as provided in subparagraph (f)(1)(A) of Code Section 15-6-77 for recording liens. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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HEALTHEMERGENCY MEDICAL SERVICES; PROVISIONS INAPPLICABLE TO AN INVALID CAR. Code Sections 31-11-11 and 31-11-30 Amended. No. 1040 (House Bill No. 1426). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to the applicability of said chapter to an invalid car or the operator thereof; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-11, relating to the applicability of the chapter, and inserting in lieu thereof a new Code section to read as follows: 31-11-11. This chapter shall not apply to the following: (1) An ambulance or ambulance service operated by an agency of the United States government; (2) A vehicle that is operated by a person who is not licensed to furnish ambulance service which is rendering assistance temporarily in the case of a major catastrophe or emergency because the licensed ambulance services of the state are insufficient or unable to meet the demands thereof; (3) An ambulance which is operated from a location outside of the state in order to transport patients from without the state's limits to locations within the state; or

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(4) An invalid car or the operator thereof, except as provided in subsection (b) of Code Section 31-11-30. Section 2 . Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, and inserting in lieu thereof a new Code Section 31-11-30 to read as follows: 31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter. (b) No person shall make use of the word `ambulance' to describe any ground transportation or facility or service associated therewith which such person provides or to otherwise hold oneself out to be an ambulance service unless such person has a valid license issued pursuant to the provisions of this chapter or is exempt from licensing under this chapter and is not the operator of an invalid car. (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. EDUCATIONPROFESSIONAL STANDARDS COMMISSION AND PROFESSIONAL PRACTICES COMMISSION; JURISDICTION. Code Sections 20-2-200 and 20-2-796 Amended. No. 1041 (House Bill No. 1462). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult

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education, so as to provide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who withdraws his or her application for certification; to provide for consent for withdrawal; to provide for actions that may be taken by the commission; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by redesignating subsection (f) of Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, as subsection (g) and inserting a new subsection (f) to read as follows: (f) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order suspending or revoking the certificate, permit, or other certification document; or

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(3) Issue an admonition to the holder of a certificate, permit, or other certification document. Section 2 . Said chapter is further amended by adding a new subsection (e) to Code Section 20-2-796, relating to investigations by the Professional Practices Commission, to read as follows: (e) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order recommending denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue an investigation or a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; (2) Enter an order recommending to the Professional Standards Commission suspending or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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GEORGIA UNDERGROUND STORAGE TANK ACTINSPECTIONS; UNDERGROUND STORAGE TANK TRUST FUND; THIRD-PARTY LIABILITIES; SUBROGATION; ENVIRONMENTAL ASSURANCE FEES; CORRECTIVE ACTIONS FOR RELEASES; LIABILITY FOR COSTS; LIENS ON REAL PROPERTY; ANNUAL TANK NOTIFICATION; VIOLATIONS; PENALTIES; EMERGENCY ORDERS. Code Sections 12-13-3, 12-13-8 through 12-13-14, and 12-13-18 through 12-13-20 Amended. No. 1042 (House Bill No. 1619). AN ACT To amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the Georgia Underground Storage Tank Act, so as to define and redefine certain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to provide for access to and entry onto sites by department employees, contractors, or agents for purposes of corrective action; to provide penalties for failure to conduct corrective action or prohibiting corrective action by the department, its agents, or contractors; to establish criteria for determining or assessing such penalties; to establish limitations on third-party claims; to provide for the expenditure of underground storage tank program trust funds, including principal and interest; to provide for the subrogation of claims; to establish underground storage tank program trust funds as not being insurance funds; to increase the maximum permissible unobligated balance of program trust funds; to allocate the burden of determining the existence of a prior release at the time of acquisition of a site; to clarify lien rights of the state as to certain sites requiring corrective action; to provide for annual tank notifications; to provide for the issuance and revocation of underground tank certification; to make illegal the placement of regulated substances in uncertified tanks; to establish as criminal certain acts relating to underground tanks; to establish liability of adjoining landowners who fail to permit corrective action on their lands; to provide for a civil penalty; to permit the director immediately to issue emergency orders for corrective action

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without awaiting the concurrence of the governor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the Georgia Underground Storage Tank Act, is amended by striking in its entirety Code Section 12-13-3, relating to definitions, and inserting in lieu thereof the following: 12-13-3. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Corrective action' means those activities required for response to and cleanup of releases of regulated substances from underground storage tanks, including, but not limited to, initial response, initial abatement measures and site check, initial site characterization, free product removal, investigations for soil and ground-water cleanup, and preparation and implementation of a corrective action plan. (3) `Department' means the Department of Natural Resources of the State of Georgia. (4) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (5) `Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (6) `Federal act' means the Solid Waste Disposal Act, 42 U.S.C. Section 3152, et seq., as amended, particularly by the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, 42 U.S.C. Section 6991, et seq., as amended by Public Law 99-499, 1986.

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(7) `Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator. (8) `Nonoperational storage tank' means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984. (9) `Operator' means any person in control of or having daily responsibility for the operation of the underground storage tank. (10) `Owner' means, in the case of an underground storage tank in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an underground storage tank used for or capable of being used for the storage or dispensing of regulated substances and, in the case of any underground storage tank in use before November 8, 1984, but no longer in use or capable of being used on November 8, 1984, but no longer in use or capable of being used on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; provided, however, such term shall not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the underground storage tank. (11) `Person' means an individual, trust, firm, jointstock company, corporation, including a government corporation, partnership, association, municipality, commission, political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (12) `Petroleum' means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

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(13) `Petroleum product' means petroleum, including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, and kerosene, including jet turbine fuel. (14) `Regulated substance' means any substance defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended by P.L. 99-499, 1986, et seq., and petroleum, including crude oil or any fraction thereof which is liquid at the standard conditions of temperature and pressure of 60 degrees Fahrenheit and 14.7 pounds per square inch absolute, but not including any substance regulated as a hazardous waste under Part 1 of Article 3 of Chapter 8 of this title, the `Georgia Hazardous Waste Management Act,' as amended. (15) `Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water, or subsurface soils. (16) `Terminal' means a bulk storage facility fro storing petroleum products supplied by pipeline or marine vessel. (17) `Third-party liability' means: (A) As to bodily injury, specific physical bodily injury proximately resulting from exposure, explosion, or fire caused by the presence of a release from a regulated underground storage tank and which is incurred by a person other than the pwner or operator, the landlord of the owner or operator, employees or agents of an owner or operator, or employees or agents of the landlord of an owner or operator; and (B) As to property damage, actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or the landlord of

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an owner or operator of the underground storage tank from which a release has occurred. (18) `Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is 10 percent or more beneath the surface of the ground. Section 2 . Said chapter is further amended by striking Code Section 12-13-8, relating to investigations and corrective actions, in its entirety and inserting in lieu thereof a new Code Section 12-13-8 to read as follows: 12-13-8. (a) The director, an authorized employee of the department, or an authorized contractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a violation of this chapter or the rules and regulations adopted pursuant to this chapter is reasonably believed to be occuring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relating to the storage of regulated substances in underground tanks, and to inspect for compliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter, or to determine whether such a violation or threatened violation exists. (b) In the event any person does not consent to an inspection or investigation, the director or an authorized employee of the department shall have the power to seek a warrant authorizing the inspection or investigation. (c) The director, an authorized employee of the department, or an authorized contractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter or premises whereon a release of a regulated substance in violation of this chapter or the rules and

Page 809

regulations adopted pursuant to this chapter is reasonably believed to be occurring or is reasonably believed to have previously occurred to investigate, take samples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter in order to determine whether such a current release or past release exists and to conduct appropriate corrective action for any release which may currently exist or may have existed. Section 3 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 12-13-9, relating to financial responsibility, and inserting in lieu thereof the following: (f) There is hereby established the Underground Storage Tank Trust Fund. The director shall serve as trustee of this fund. The principal of the moneys deposited in such fund pursuant to Code Section 12-13-10 may be expended by the director for the following purposes: (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of regulated substances from an underground storage tank; (2) To take preventive or corrective actions where the release of the regulated substances presents an actual or potential threat to human health or the environment where the owner or operator has not been identified or is unable, as determined by the director, to perform corrective action, including but not limited to, provisions for providing alternative water supplies; (3) To provide compensation for third-party liabilities; provided, however, that any such expenditure shall be subject to the following limitations: (A) A property owner shall not be considered a third party if the property was transferred by the

Page 810

owner or operator of an underground storage tank in anticipation of damage due to a release; (B) Third-party liability property damage shall be reimbursed from the Underground Storage Tank Trust Fund based on the rental costs of comparable property during the period of loss of use up to a maximum amount equal to the fair market value. In the case of property that is actually destroyed as a result of a petroleum release, reimbursement shall be an amount necessary to replace or repair the destroyed property, whichever is less; and (C) Payments for third-party liability damages, as defined in this chapter, shall never exceed the amount of the Underground Storage Tank Trust Fund coverage as provided in this chapter for any owner or operator and shall not include payments for any claims for attorney's fees for third-party claimants or punitive damages or mental anguish; (4) To pay for any portion of the administrative cost of administering the Underground Storage Tank Trust Fund which exceeds the amount of interest earned on the corpus of such fund; provided, however, that no more than 10 percent of the fees collected annually pursuant to subsection (a) of Code Section 12-13-10 shall be used for such purpose; (5) To provide reimbursements to eligible participating owners and operators who have conducted corrective action; and (6) To provide payments to state contractors for eligible participating owners and operators who are unable, as determined by the director, to conduct corrective action for petroleum releases from underground storage tanks. Section 4 . Said chapter is further amended by inserting at the end of said Code Section 12-13-9 the following:

Page 811

(h) If any person chooses to make a claim against the fund and accepts payment from the fund, then the state shall be subrogated to any cause of action that the claimant may have to the extent of such payment or judgment. In any such action, the amount of damages shall be proved by the division by submitting to the court a written report of the amounts paid or owed from the fund to claimants. Such written report shall be admissible in evidence and the amounts paid from or owned by the fund to the claimants stated therein shall be presumed to be the amount of the damages. (i) Notwithstanding any other provisions of law to the contrary, the Underground Storage Tank Trust Fund shall not be considered an insurance company or insurer under the laws of this state. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 12-13-10, relating to the maximum permissible unobligated balance of program trust funds, and inserting in lieu thereof the following: (b) Environmental assurance fees as specified in subsection (a) of this Code section shall be paid into the trust fund until the unobligated principal balance of the trust fund equals or exceeds $50 million, at which time no environmental assurance fees shall be levied unless the balance in the trust fund is less than or equal to an unobligated balance of $30 million, in which case the collection of the environmental assurance fee will resume within 180 days following the end of the month in which such unobligated balance occurs. Section 6 . Said chapter is further amended by striking Code Section 12-13-11, relating to corrective actions for releases of petroleum product into the environment, in its entirety and inserting in lieu thereof a new Code Section 12-13-11 to read as follows: 12-13-11. (a) Whenever the director has reason to believe that there is or has been a release of a petroleum product into the environment from an underground tank,

Page 812

regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall obtain corrective action for such release from any current owner or operator or from any past owner or operator who has contributed to such release, either individually or jointly. Such corrective action shall be performed in accordance with a plan approved by the director. (b) If the tank owner or operator is ubale, as determined by the director, to perform corrective action as provided for in subsection (a) of this Code section, the director may undertake preventive or corrective actions utilizing funds from the Underground Storage Tank Trust Fund. The owner or operator of an underground storage tank shall be liable for all costs of preventive, corrective, and enforcement actions incurred by the State of Georgia as a result of a release or a substantial threat of release of a petroleum product from an underground storage tank unless the owner or operator, or both, are participants in the underground storage tank trust fund and enter into a consent agreement with the state. In such consent agreement, at a minimum, the owner or operator, or both, must agree that: (1) Whenever costs have been incurred by the director pursuant to this subsection for taking corrective or enforcement action, the owner or operator shall be liable for the first $10,000.00 per occurrence for corrective action, such funds to be paid into the Underground Storage Tank Trust Fund within 90 days of notice by the director; (2) The State of Georgia and the Underground Storage Tank Trust Fund are relieved of all liability for loss of business, damages, and taking of property associated with the corrective action; (3) The division or its contractors may enter upon the property of the owner or operator or the real property where the underground storage tank of the owner or operator is located if the real property owner and the underground storage tank owner or operator are not the

Page 813

same person, at such time and in such manner as deemed necessary to effectuate corrective action to protect health and the environment, such right-of-entry by the division or its contractors being implied by the willingness of the real property owner to allow the underground storage tank of the owner or operator to be placed on the real property of the real property owner; (4) The owner or operator shall be fully responsible for replacement or retrofitting or both of leaking tanks and associated piping or shall allow division contractors to refill excavated areas resulting from removal of leaking tanks and associated piping with clean earth to its original elevation; (5) The liability of the state and the state Underground Storage Tank Trust Fund shall not exceed $1 million per occurrence; and (6) Such other provisions as are deemed appropriate by the board to ensure adequate protection of health and the environment. (c) To encourage voluntary corrective action, an owner or operator conducting corrective action under this chapter and participating in the underground storage tank trust fund, either through the owner's or operator's own personnel or through response action contractors or subcontractors, is entitled, as evidenced by an executed corrective action agreement with the division, to reimbursement of reasonable cost from the trust fund, subject to the following provisions: (1) Prior to initiating such corrective action, the owner or operator must submit to and receive approval from the division of the proposed corrective action plan, together with projected costs of the corrective action, and once approved the owner or operator shall not substantially deviate from the approved costs and corrective actions without the prior approval of the division;

Page 814

(2) The owner or operator or the owner's or operator's agents shall keep and preserve suitable records demonstrating compliance with the approved corrective action plan and all invoices and financial records associated with costs for which reimbursement will be requested; (3) Upon receipt of a complete corrective action plan, the director shall make a determination and provide written notice as to whether the owner or operator responsible for corrective action is eligible or ineligible for reimbursement of costs. Should the director determine the owner or operator is ineligible, he or she shall include in his or her written notice an explanation setting forth in detail the reasons for the determination; (4) The owner or operator shall submit to the director a written notice that corrective action has been completed within 30 days of completing corrective action; (5) No later than 30 days from the submission of the notice as required by paragraph (4) of this subsection, the owner or operator must submit an application for reimbursement of costs in accordance with criteria established by the director. The application for reimbursement must include the total amount of the corrective action and the amount of reimbursement sought; (6) The first $10,000.00 of eligible costs incurred by the owner or operator are not eligible for reimbursement from the trust fund nor are costs for replacement or retrofitting of leaking tanks and associated piping; and (7) No costs may be reimbursed to the owner or operator until such time as corrective action has been completed in accordance with the plan approved by the division; provided, however, that interim payments may be made if the corrective action is being conducted in accordance with a plan approved by the division which allows interim payments.

Page 815

(d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, should the division find that any of the following situations exist, the owner or operator, or both, shall be liable for 100 percent of costs associated with preventive, corrective, or enforcement actions necessary to protect health or the environment: (1) The release was due to willful or negligent actions by the owner or operator; (2) The owner or operator is in arrears for moneys owed to the Underground Storage Tank Trust Fund; (3) The owner or operator moves in any way to obstruct the efforts of the division or its contractors to effectuate corrective action; or (4) The owner or operator of a petroleum product underground tank has stored a petroleum product, after July 1, 1988, in such tank which has not been subjected to the environmental assurance fee imposed in subsection (a) of Code Section 12-13-10 and the late participation fee provided for in subsection (c) of Code Section 12-13-10. (e) Notwithstanding the provisions of subsections (b) and (c) of this Code section, should the division find, based upon rules promulgated by the board, that any of the following situations exist, the owner or operator, or both, may be liable for up to 100 percent of costs associated with preventive, corrective, or enforcement actions necessary to protect health or the environment: (1) The release is from a tank not registered in accordance with Code Section 12-13-13; (2) The owner or operator fails to comply with any provision of the agreement required by subsection (b) or (c) of this Code section; or

Page 816

(3) The owner or operator has failed to comply with any provisions of this chapter or rules promulgated under this chapter. (f) If no underground storage tank owner or operator can be found, the director may undertake preventive or corrective actions utilizing funds from the Underground Storage Tank Trust Fund or any appropriate federal funds as provided by the federal act, and any real property owner by virtue of the fact that he or she has allowed these underground storage tanks to exist or be placed on his or her real property shall be deemed to have granted permission to the division or its contractors or agents to enter its real property to investigate and take samples and, when deemed necessary by the director, to effectuate the necessary corrective action to protect health and the environment. Section 7 . Said chapter is further amended by striking in its entirety Code Section 12-13-12, relating to the recovery by the state of the costs incurred in the event of a discharge or threat of a discharge of a regulated substance, and inserting in lieu thereof the following: 12-13-12. (a) Except as otherwise provided for in subsections (b) and (c) of Code Section 12-13-11, in the event of any discharge or threatened discharge of a regulated substance, the state or any of its agencies may recover in a civil action from any owner, operator, or other responsible person all costs incurred by the state or any of its agencies or moneys from the federal Leaking Underground Storage Tank Trust Fund in the assessment and the cleanup of any release of a regulated substance and all costs incurred in the prevention, abatement, or removal of any threatened discharge of a regulated substance, including reasonable attorney fees and any other necessary costs of response incurred by the state or any of its agencies. All moneys recovered for costs incurred under the Underground Storage Tank Trust Fund shall be deposited into the principal of the Underground Storage Tank Trust Fund. The state shall have a lien on the real property on which the underground storage tanks which caused the discharge are located, even if owned by a person

Page 817

other than the owner or operator, provided the owner or operator is in privy with the real property owner. (b) The lien provided for above shall be perfected by filing a certified copy of any judgment obtained against the owner or operator with the Clerk of Superior Court for entry on the general execution docket in the county in which any real property of the owner or operator is located or where the real property on which the leaking underground storage tanks were operated is located. Section 8 . Said chapter is further amended by striking in its entirety Code Section 12-13-13, relating to notice by a tank owner to the Environmental Protection Division, and inserting in lieu thereof the following: 12-13-13. (a) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank shall notify the division, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the age, size, type, location, and uses of such tanks, identifying the regulated substances stored, and providing any other information which may be deemed relevant under such conditions as the director may prescribe. (b) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank taken out of service after January 1, 1974, shall notify the division in writing, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the date the tank was taken out of operation, the age of the tank at the date taken out of operation, the size, type, and location of the tank, and the type and quantity of substances left stored in such tank on the date taken out of operation and shall provide any other information which may be deemed relevant under such conditions as the director may prescribe.

Page 818

(c) Any owner who brings into use an underground storage tank after July 1, 1988, shall notify the division, on forms provided by the division, within 30 days of the existence of such tank, specifying the age, size, type, location, and uses of such tank. (d) Beginning 30 days after the board issues new tank performance standard rules and regulations pursuant to Code Section 12-13-5, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this Code section. (e) (1) The owner or operator of an underground storage tank in use or capable of being used shall provide to the division an annual underground storage tank notification for all underground storage tanks for which an initial notification has previously been given or should have been given pursuant to this Code section. Such notification shall be provided on forms as prescribed by the division and shall be submitted in accordance with rules and regulations promulgated by the board. It shall be a violation of this Code section for an owner or operator of an underground storage tank to fail to file an annual notification for an underground storage tank in accordance with such rules and regulations. The division shall issue confirmation of notification to the owner or operator for each facility with regulated underground storage tanks for which annual underground storage tank notifications have been submitted. (2) Beginning 180 days after rules and regulations are promulgated by the board establishing the requirements for annual tank notification and confirmation of notification as provided in paragraph (1) of this subsection, it shall be violation of this Code section for any person to place or cause to be placed regulated substances in an underground storage tank for which the tank owner or operator has failed to provide the annual tank notification to the division as required in this subsection.

Page 819

Section 9 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-13-14, relating to administrative actions for violations of this chapter or the rules or regulations of the Board of Natural Resources or the release of a regulated substance into the environment, and inserting in lieu thereof the following: (b) Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any current owner or operator or any past owner or operator who has contributed to such release. The order may direct that necessary corrective action may be taken within a reasonable time to be prescribed in the order. Section 10 . Said chapter is further amended by striking in its entirety Code Section 12-13-18, relating to compliance with the chapter and proof of compliance, and inserting in lieu thereof the following: 12-13-18. (a) It shall be unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter. The owner or operator of any underground storage tank for petroleum shall maintain proof that all petroleum stored in such tank after July 1, 1988, was subjected to the environmental fee imposed in subsection (a) of Code Section 12-13-10. (b) Notwithstanding the provisions of subsection (a) of this Code section, it shall be a violation of this chapter to:

Page 820

(1) Cause or permit the release of a regulated substance from an underground storage tank into the environment; or (2) Install an underground storage tank that does not meet the minimum standards pursuant to this chapter or the rules promulgated pursuant to this chapter. (c) Any real property owner adjoining a leaking underground storage tank site who refuses to allow either the owner or operator or the division, through its agents or contractors, access for purposes of providing corrective action for any pollution that may have migrated onto the adjoining real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of that pollution plume should it migrate off that real property onto the real property of another. Section 11 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-13-19, relating to the imposition of penalties for violations, and inserting in lieu thereof the following: (b) Any person who fails to notify or submits false information pursuant to any provision of this chapter shall be subject to a civil penalty not to exceed $10,000.00 for each tank for which notification is not given or for each time false information is submitted. Section 12 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-13-19, relating to the imposition of penalties for violating such chapter, which reads as follows: (c) Any owner or operator of an underground storage tank shall be subject to a civil penalty not to exceed $10,000.00 for each tank for each day of violation if he fails to comply with: (1) Any requirement, standard, rule, or regulation promulgated by the board; and

Page 821

(2) The provisions of Code Section 12-13-7., and inserting in lieu thereof the following: (c) Any person who violates any provision of this chapter or any requirement, standard, rule, or regulation promulgated by the board pursuant to this chapter shall be subject to a civil penalty not to exceed $10,000.00 for each day of violation for each underground storage tank in violation thereof. Section 13 . Said chapter is further amended by striking in its entirety Code Section 12-13-20, relating to emergency orders, and inserting in lieu thereof the following: 12-13-20. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it. Section 14 . The provisions of this Act shall be severable, and if any phrase, clause, sentence, or provision of this Act is declared by a court of competent jurisdiction to be contrary to the Constitution or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validty of the remainder of this Act and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. Section 15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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LOCAL GOVERNMENTPARTICIPATION IN FEDERAL PROGRAMS FOR PURPOSES OF PROVIDING DAY-CARE SERVICES TO CHILDREN, SERVICES TO ELDERLY, OTHER SPECIFIED SERVICES TO LOW AND MODERATE INCOME PERSONS; CONTRACTS; PRIORITY FOR DAY-CARE CENTERS NEAR INDUSTRIAL PARKS. Code Section 36-87-2 Amended. No. 1043 (Senate Bill No. 570). AN ACT To amend Chapter 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal programs, so as to change certain contracting powers; to provide for the expenditure of federal community development block grant funds and other public funds and authorize participation in programs for the provision of certain facilities and of day care, senior citizen, mental health, emergency, and other services; to provide for contracts with public and nonprofit entities; to validate and confirm certain actions; to provide for certain ratings; 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 87 of Title 36 of the Official Code of Georgia Annotated, relating to participation by counties and municipal corporations in federal programs, is amended by striking Code Section 36-87-2, relating to authority to participate, in its entirety and inserting in lieu thereof the following: 36-87-2. (a) 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:

Page 823

(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 services to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c)(3) 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. (b) (1) Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to expend public funds and participate in community development block grant programs and other federal programs to construct facilities to carry out the following purposes: (A) Providing day-care services primarily to the children of persons of low and moderate income; (B) Providing services to elderly persons; (C) Providing health education, literacy and English language instruction, mental health and handicap services, legal assistance, emergency food, and medical assistance to low and moderate income persons; and

Page 824

(D) Any combination of services authorized in this paragraph. (2) Counties and municipalities are further authorized to carry out the purposes of this subsection by contracting with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section. (3) Any contracts, programs, projects, or expenditures of public funds authorized by this subsection which were entered into, carried out, undertaken, or made prior to the effective date of this subsection are validated and confirmed. (c) State agencies rating applications from counties and municipal corporations for federal funding of the construction of day-care facilities shall, to the extent allowed under applicable federal laws or regulations, give priority to those day-care centers located in or adjacent to industrial parks. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994. STATE GOVERNMENTBOUNDARY WITH SOUTH CAROLINA; CONTINGENT EFFECTIVE DATE. Code Sections 50-2-1 and 50-2-2 Amended. No. 1044 (Senate Bill No. 572). AN ACT To amend Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction

Page 825

of the state, so as to provide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution; to provide for an accurate survey and mapping of said boundary; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia, pursuant to a grant of its motion for leave to file in August, 1977, filed its complaint against the State of South Carolina in the United States Supreme Court pursuant to Article III, Section 2, Clause 2 of the United States Constitution as a result of the prolonged dispute between the two states over the location of their common boundary along the lower reaches of the Savannah River, the river's mouth, and their lateral seaward boundary; WHEREAS, the Honorable Walter E. Hoffman, Senior Judge of the United States District Court for the Eastern District of Virginia, was appointed Special Master by the U.S. Supreme Court; WHEREAS, the State of South Carolina in due course filed its answer and counterclaims; WHEREAS, the Special Master filed his First Report to the Court on March 20, 1986, and his Second and Final Report to the Court on March 30, 1989, to which each state filed exceptions; WHEREAS, the United States Supreme Court rendered its decision in Georgia v. South Carolina , No. 74, Orig., decided June 25, 1990, directing the states to prepare an appropriate proposed decree and retaining jurisdiction to entertain such further proceedings as may be necessary or advisable; WHEREAS, the matter remains pending before the United States Supreme Court; WHEREAS, on May 21, 1991, the states and the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) contracted for a survey of

Page 826

the boundary area involved and the mapping and placement of appropriate markers to define the boundary; WHEREAS, NOAA reported its progress and difficulties to the two states on October 20, 1992; WHEREAS, the landforms upon which the U.S. Supreme Court based its decision have shifted by erosion and accretion since the time of the first scientifically accurate survey of the area in 1855, causing the boundary based upon these landforms to meander across the Savannah River; WHEREAS, the states have met and proposed a boundary based upon the present landforms and navigable channel as a basis for agreement and establishment as the boundary by compact between the states, subject to the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution; WHEREAS, the states desire to provide for an accurate survey and mapping of said boundary. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, is amended by striking in its entirety Code Section 50-2-1, relating to boundaries of the state generally, and inserting in lieu thereof a new Code Section 50-2-1 to read as follows: 50-2-1. The boundaries of Georgia, as deduced from the Constitution of Georgia, the Convention of Beaufort, the Articles of Cession and Agreement with the United States of America entered into on April 24, 1802, the Resolution of the General Assembly dated December 8, 1826, and the adjudications and compromises affecting Alabama, Florida, and South Carolina are as follows: From the sea, at the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, generally along the northern edge of the navigable channel up the River Savannah, along the

Page 827

northern edge of the sediment basin to the Tidegate, thence along the stream thereof to the fork or confluence made by the Rivers Keowee and Tugalo, and thence along said River Tugalo until the fork or confluence made by said Tugalo and the River Chattooga, and up and along the same to the point where it touches the northern boundary line of North Carolina, and the southern boundary line of South Carolina, which is at a point on the thirty-fifth parallel of north latitude, reserving all the islands in said Rivers Savannah, Tugalo, and Chattooga, except for the Barnwell Islands and Oyster Bed Island in the Savannah, to Georgia; thence on said line west, to a point where it merges into and becomes the northern boundary line of Alabamait being the point fixed by the survey of the State of Georgia, and known as Nickajack; thence in a direct line to the great bend of the Chattahoochee River, called Miller's Bendit being the line run and marked by said survey; and thence along and down the western bank of said Chattahoochee River, along the line or limit of highwater mark, to its junction with the Flint River; thence along a certain line of survey made by Gustavus J. Orr, a surveyor on the part of Georgia, and W. Whitner, a surveyor on the part of Florida, beginning at a fore-and-afttree about four chains below the junction; thence along this line east, to a point designated 37 links north of Ellicott's Mound on the St. Marys River; thence along the middle of said river to the Atlantic Ocean, and extending therein three geographical miles from ordinary low water along those portions of the coast and coastal islands in direct contact with the open sea or three geographical miles from the line marking the seaward limit of inland waters; thence running in a northerly direction and following the direction of the Atlantic Coast to the point where the northern edge of the navigable channel of the River Savannah intersects a point three geographical miles east of the ordinary low water mark, the place of beginning; including all the lands, waters, islands, and jurisdictional rights within said limits; and also all the islands within three geographical miles of the seacoast. Section 2 . Said article is further amended by striking in its entirety Code Section 50-2-2, relating to the boundary

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between Georgia and South Carolina, and inserting in lieu thereof a new Code Section 50-2-2 to read as follows: 50-2-2. The boundary between Georgia and South Carolina shall be the line described as running from the mouth of the River Savannah, up said river and the Rivers Tugalo and Chattooga, to the point where the last-named river intersects with the thirty-fifth parallel of north latitude, conforming as much as possible to the line agreed on by the commissioners of said states at Beaufort on April 28, 1787, except for the Barnwell Islands and the Oyster Bed Island in the River Savannah; provided, however, that the boundary along the lower reaches of the Savannah River, and the lateral seaward boundary, shall be more particularly described as being: BEGINNING at a point 32 degrees 07 minutes 00 seconds North Latitude and 81 degrees 07 minutes 00 seconds West Longitude, located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the River on Hutchinson Island and on the mainland of South Carolina, including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island; Proceeding thence easterly down the thread of the northernmost channel of the Savannah River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island; Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the triequidistant method between Pennyworth

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Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank; Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until intersecting the northwestern (farthest upstream) boundary of the `Back River Sediment Basin,' as defined in the `Annual Survey - 1992, Savannah Harbor, Georgia, U.S. Coastal Highway, No. 17 to the Sea,' U.S. Army Corps of Engineers, Savannah District, as amended by the Examination Survey - 1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the `Channel Chart'); Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin, in a generally southeasterly direction until said boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (Georgia State Grid, East Zone, 1927 NAD, coordinates x=849479.546, y=759601.757); Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (coordinates x=853126.849, y=761229.575), Fort Jackson Range through point SR-32 (coordinates x=854568.183, y=762555.255), the Bight Channel through points SR-31 (coordinates x=855854.367, y=765145.946), SR-30 (coordinates x=857363.583, y=766237.604), SR-29 (coordinates x=858471.561, y=766530.527), SR-28 (coordinates x=859881.928, y=766491.887), and SR-27 (coordinates x=861359.826, y=765804.794), Upper Flats Range through point SR-26 (coordinates x=863655.959, y=763821.629), Lower Flats Range through points SR-25 (coordinates x=865361.347, y=759910.744), SR-24 (coordinates x=866413.099, y=758260.171), SR-23 (coordinates x=867339.230, y=757647.194), SR-22 (coordinates x=870024.011,

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y=756511.390), and SR-21 (coordinates x=873855.646, y=755906.677), Crossing Range through points SR-20 (coordinates x=875581.821, y=754992.833), and SR-19 (coordinates x=884667.253, y=744780.789) and New Channel Range around the Rehandling Basin, and along the northern boundary of the Oyster Bed Island Turning Basin through point SR-16 (coordinates x=894907.977, y=742529.752), to the easternmost end of Oyster Bed Island at Navigational Buoy R `24'; Proceeding thence from Navigational Buoy R `24' easterly along the mean low water line of Oyster Bed Island to the point at which the mean low water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall; Proceeding thence along the southern edge of the Oyster Bed Island Training Wall until reaching the Jones Island Range line; Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart; Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart to Navigational Buoy R `6,' via Jones Island Range and Bloody Point Range; and finally Proceeding thence in an easterly direction from Navigational Buoy R `6' in a straight line forming the seaward lateral boundary line to the seaward limit of Georgia as now or hereafter fixed by the Congress of the United States, said boundary line bearing approximately 104 degrees from magnetic north, the bearing of said line being more particularly described as being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970. Provided, however, that the boundary shall be as more particularly shown by reference to the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) GPS coordinates on a

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map to be prepared by NOAA as a part of the survey commissioned by the States of Georgia and South Carolina in order to locate this boundary. In case of any conflict between the verbal description set forth hereinabove and the map locating the boundary with reference to GPS points, the location shown on the map shall prevail. Provided, further, that nothing herein shall in any way be deemed to govern or affect in any way the division between the states of the remaining assimilative capacity, that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described herein. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall not become effective until and unless the Congress of the United States shall ratify, confirm, adopt, or otherwise consent thereto. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE ACCIDENTS; EXCHANGE OF INFORMATION; DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS; FLEEING A POLICE OFFICER; VISUAL OR AUDIBLE SIGNALS. Code Title 40, Chapter 6 Amended. No. 1045 (Senate Bill No. 574). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to require certain information to be exchanged between parties to a motor vehicle accident; to require the law enforcement officer at the scene of the accident to instruct the driver of each motor vehicle to provide certain information to other parties; to

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change provisions relating to court orders in cases of driving under the influence of alcohol or drugs; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Program; to provide that a police officer may give a visual or an audible signal to bring a vehicle to a stop; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding immediately following Code Section 40-6-273, relating to the duty to report certain accidents, a new Code Section 40-6-273.1 to read as follows: 40-6-273.1. The law enforcement officer at the scene of an accident required to be reported in accordance with the provisions of Code Section 40-6-273 shall instruct the driver of each motor vehicle involved in the accident to report the following to all other parties suffering injury or property damage as an apparent result of the accident: (1) The name and address of the owner and the driver of the motor vehicle; (2) The license number of the motor vehicle; and (3) The name of the liability insurance carrier for the motor vehicle or the fact that such driver has a certificate of self-insurance issued pursuant to Code Section 40-9-101. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, and inserting in its place a new subsection to read as follows: (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk

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Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, the 120 day driving permit shall be invalid and his or her driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 40-6-395, relating to fleeing or attempting to elude a police officer, in its entirety and inserting in its place the following: (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle. Section 4 . (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 and Section 2 of this Act shall apply with respect to

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matters pending on that date as well as matters arising thereafter. (b) Section 1 of 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 5, 1994. REVENUELICENSE FEES; COIN OPERATED AMUSEMENT MACHINES; PERMIT FEES; SUNSET REPEALED. Code Section 48-17-2, 48-17-9, and 48-17-11 Amended. No. 1046 (House Bill No. 800). AN ACT To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain provisions relating to master license fees and permit fees; to amend an Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehensive regulation and licensure of bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), so as to repeal Section 4 of said 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 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking subsection (a) of Code Section 48-17-2, relating to license fees, and inserting in its place a new subsection (a) to read as follows:

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(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. (A) For five or fewer machines, the owner shall pay a master license fee of $250.00. (B) In the event such owner acquires an sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00. (B) In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00; or (3) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of

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the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 48-17-9, relating to permit fees and stickers, and inserting in its place a new subsection (a) to read as follows: (a) Every owner, except an owner holding a coin operated machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $25.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 payment for each coin operated machine. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year. Section 3 . Said chapter is further amended by striking Code Section 48-17-11, relating to permit fees for additional machines, and inserting in its place a new Code Section 48-17-11, to read as follows: 48-17-11. If an owner purchases or receives additional coin operated machines during the calendar year, the $25.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 shall be assessed by the commissioner for every machine in operation without a permit sticker.

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Section 4 . An Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehensive regulation and licensure of bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), is amended by repealing in its entirety Section 4, which reads as follows: Section 4. This Act shall stand repealed in its entirety on January 1, 1996, and shall be void and of no effect and the provisions affected by this Act shall be specifically revived as such provisions stood before the enactment of this Act, as amended by laws other than this Act. Section 5 . This Act shall become effective January 1, 1995. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. LABOREMPLOYMENT SECURITY LAW; UNEMPLOYMENT TAX AMNESTY PROGRAM; POWERS, DUTIES, AND AUTHORITY OF COMMISSIONER OF LABOR; WAIVER OF PENALTIES AND PROSECUTION; EXCEPTIONS; PUBLICITY; COLLECTION FEES; AMNESTY ACCOUNT; CRIMINAL PENALTIES; DEBT COLLECTION SERVICES. Code Title 34, Chapter 8, Article 10 Enacted. No. 1047 (House Bill No. 1388). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, so as to provide an unemployment tax amnesty program; to provide for legislative findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of

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the Commissioner of Labor with respect to such unemployment tax amnesty program; to provide for waiver of unemployment tax penalties and criminal prosecution; to provide exceptions to such waivers; to provide for the publicizing of the unemployment tax amnesty program; to impose collection fees; to establish an amnesty account; to provide for criminal penalties during and after the amnesty period under certain circumstances; to provide for debt collection services; 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 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by adding at the end thereof a new Article 10 to read as follows: ARTICLE 10 34-8-270. This article shall be known and may be cited as the `Unemployment Tax Amnesty Program.' 34-8-271. The General Assembly finds and declares that a public purpose is served by the waiver of interest on unemployment tax, penalties, and criminal prosecution in return for the immediate reporting and payment of previously underreported, unreported, or unpaid unemployment contributions liabilities. The General Assembly further finds and declares that the benefits gained through this program include, among other things, increased collection of certain currently owed unemployment contributions, permanently bringing into the unemployment insurance system employers who have been evading payment of unemployment contributions and providing an opportunity for such employers to satisfy unemployment contributions obligations before stepped-up unemployment tax enforcement programs take effect. It is the intention of the General Assembly in enacting this article that the unemployment tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because employers'

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expectations of any future amnesty programs could have a counterproductive effect on compliance under this article. 34-8-272. As used in this article, the term: (1) `Accounts receivable' means an amount of unemployment contribution, tax, administrative assessment, reimbursement in lieu of contributions, penalty, or interest which has been recorded as due and entered in the account records or any ledger maintained in the department, or which an employer should reasonably except to become due as direct or indirect result of any pending or completed audit or investigation, which an employer knows is being conducted by any federal, state, or local taxing authority. (2) `Employer' means any individual, partnership, joint venture, association, limited liability company, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any unemployment tax, contribution, or reimbursement in lieu of contributions, or any person required to collect any such unemployment tax, contribution, or reimbursement in lieu of contributions under this chapter, and as further defined in Code Section 34-8-33. The term shall also include any individual who has been deemed personally liable for the debt under the authority of Code Section 34-8-167. (3) `Final, due, and owing' means an assessment of unemployment contributions which has become final and is owed to the state due to either the expiration of the employer's appeal rights or, in the case of an assessment which has been appealed, either pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' or pursuant to Code Section 34-8-220, the rendition of the final order by the Commissioner or by any court of this state. Assessments that have been appealed shall be final, due, and owing 15 days after the last unappealed or unappealable order sustaining the assessment or any part thereof has become final. Assessments that have not been appealed shall be final, due, and owing 15 days

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after service of notice of assessment pursuant to Code Section 34-8-170. (4) `Unemployment tax' shall include any unemployment tax or contribution, administrative assessment, or reimbursement in lieu of contributions or recording costs incurred thereon. 34-8-273. (a) The Commissioner shall develop and administer a one-time unemployment tax amnesty program as provided in this article. The Commissioner shall, upon the voluntary return and remission of unemployment taxes and interest owed by any employer, waive all penalties that are assessed or subject to being assessed for outstanding liabilities for taxable periods ending or transactions occurring on or before December 31, 1994. The Commissioner shall provide by regulation as necessary for the administration of this amnesty program and shall further provide for necessary forms for the filing of amnesty applications and returns. (b) Notwithstanding the provisions of any other law to the contrary, the unemployment tax amnesty program shall begin by October 1, 1994, and shall be completed no later than December 31, 1994, and shall apply to all employers owing unemployment taxes, penalties, or interest administered by the Commissioner under the provisions of this chapter. The program shall apply to unemployment tax liabilities for taxable periods ending or transactions occurring on or before December 31, 1994. Amnesty unemployment tax return forms shall be in a form prescribed by the Commissioner. 34-8-274. (a) The provisions of this article shall apply to any eligible employer who files an application for amnesty within the time prescribed by the Commissioner and does the following: (1) Files such returns as may be required by the Commissioner for all years or tax reporting periods as stated on the application for which returns have not previously been filed and files such returns as may be required by the Commissioner for all years or tax reporting

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periods for which returns were filed but the tax liability was underreported; (2) Pays in full within the unemployment tax amnesty period the unemployment taxes that are final, due, and owing for the respective tax periods, the unemployment taxes for which application is made under the amnesty unemployment tax program or for which amnesty unemployment tax returns are filed during the amnesty time period, pays with the unemployment taxes the amount of interest due, and pays the amount of any additional unemployment tax and interest which is owned as may be determined by the Commissioner, such additional payment to be made within 30 days of notification to the employer by the Commissioner that such additional unemployment tax and interest is owed; provided, however, that the failure to pay such additional tax and interest within 30 days of such notification shall invalidate any amnesty granted pursuant to this article; and (3) The Commissioner may, in his or her discretion, impose by regulation, the further condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible employer also pay in full within the amnesty period all unemployment taxes previously assessed by the Commissioner that are final, due, and owing at the time the application or amnesty unemployment tax returns are filed, pays with the unemployment taxes the amount of interest due, and pays within 30 days of notification by the Commissioner the amount of any additional interest owed. (b) An eligible employer may participate in the amnesty program whether or not the employer is under audit, notwithstanding the fact that the amount due is included in a proposed assessment or an assessment, bill, notice, or demand for payment issued by the Commissioner, and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible employer may participate in the amnesty program to the extent of the uncontested portion of any assessed liability.

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However, participation in the program shall be conditioned upon the employer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or amnesty return. (c) The Commissioner may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the application or amnesty return with the balance to be paid in monthly installments of not less than 25 percent of the original amount nor to exceed three months following the expiration of the amnesty period. Failure of the employer to make timely payments shall void the terms of the amnesty program. All such agreements and payments shall include interest due and accruing during the installment agreement. (d) If, following the termination of the unemployment tax amnesty period, the Commissioner issues a deficiency assessment based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the Commissioner shall have the authority to impose penalties and criminal action may be brought where authorized by law only with respect to the difference between the amount shown on the amnesty unemployment tax return and the correct amount of unemployment tax due. The imposition of penalties or criminal action shall not invalidate any waiver granted under Code Section 34-8-275. 34-8-275. (a) Amnesty shall be granted for any employer who meets the requirements of Code Section 34-8-274 in accordance with the following: (1) For unemployment taxes which are owed as a result of the nonreporting or underreporting of unemployment tax liabilities or the nonpayment of any accounts receivable owed by an eligible employer, the state shall waive criminal prosecution and all civil penalties which may be assessed under any provision of this

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chapter for the taxable years or periods for which unemployment tax amnesty is requested; and (2) With the exception of instances in which the employer and Commissioner enter into an installment payment agreement authorized under subsection (c) of Code Section 34-8-274, the failure to pay all unemployment taxes and interest as shown on the employer's amnesty unemployment tax return shall invalidate any amnesty granted pursuant to this article. (b) This article shall not apply to any employer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof or the United States, nor shall this article apply to any employer who is the subject of any criminal litigation which is pending on the date of the employer's application in any court of this state or the United States for nonpayment, delinquency, evasion, or fraud in relation to any federal taxes or to any of the unemployment taxes to which this amnesty program is applicable. (c) No refund or credit shall be granted for any interest or penalty paid prior to the time the employer requests amnesty pursuant to Code Section 34-8-274. (d) Unless the Commissioner in his or her own discretion redetermines the amount of unemployment taxes and interest due, no refund or credit shall be granted for any unemployment taxes or interest paid under the amnesty program. (e) Notwithstanding any provision of this article to the contrary, the Commissioner shall have the right to waive any portion of the interest due on an account receivable when it is demonstrated to the satisfaction of the Commissioner that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud and the collection of the interest by the Commissioner would be contrary to equity and good conscience.

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34-8-276. All installment agreements authorized under subsection (c) of Code Section 34-8-274 shall bear interest on the outstanding amount of unemployment tax due at the rate prescribed under Code Section 34-8-166. 34-8-277. The Commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this article. The Commissioner shall publicize the unemployment tax amnesty program in order to maximize the public awareness of and participation in the program. The Commissioner may, for the purpose of publicizing the unemployment tax amnesty program, contract with any advertising agency within or outside this state. 34-8-278. For purposes of accounting for the unemployment contributions received pursuant to this chapter, the Commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All contributions or reimbursements in lieu of contributions collected shall be remitted to the Unemployment Compensation Fund created pursuant to Code Section 34-8-83. 34-8-279. (a) In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1994. This fee shall be in addition to all other applicable penalties, fees, or costs. The Commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. (b) In addition to all other penalties provided under this chapter or any other law, the Commissioner may by regulation impose after the expiration of the unemployment tax amnesty period a cost of collection fee of 50 percent of any deficiency for taxable periods ending or transactions occurring on or before December 31, 1994, regardless of when due.

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This fee shall be in addition to all other applicable penalties, fees, or costs. The Commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the employer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. (c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account or accounts receivable which has been protested pursuant to Code Section 34-8-167 or 34-8-170 as of the expiration of the unemployment tax amnesty period or to any account or accounts receivable on which the employer is remitting timely payments under a payment agreement negotiated with the Commissioner prior to or during the amnesty period. (d) The fee levied under subsections (a) and (b) of this Code section shall not apply to unemployment taxes paid pursuant to the terms of the amnesty program. 34-8-280. The Commissioner may, for the purpose of collecting any delinquent unemployment tax due from an employer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent unemployment tax, including penalties and interest and collections thereon. Without limiting any authority otherwise granted to the Commissioner in Code Section 34-8-169, the Commissioner may also pay such agency or attorney from the fees authorized in Code Section 34-8-279. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994.

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EDUCATIONSCHOOL BUS DRIVERS; RANDOM DRUG TESTING. Code Title 20, Chapter 2, Article 22, Part 4 Enacted. No. 1048 (House Bill No. 372). AN ACT To amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for random drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours; to provide for cost and procedures; to provide for rules and regulations; to provide for disciplinary actions and termination from employment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, is amended by adding a new Part 4 to read as follows: Part 4 20-2-1120. As used in this part the term `illegal drugs' shall include marijuana as defined in paragraph (16) of Code Section 16-13-21, a controlled substance as defined in paragraph (4) of Code Section 16-13-21, a dangerous drug as defined in Code Section 16-13-71, or any other controlled substance or dangerous drug that persons are prohibited by state or federal law from using, but shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law. 20-2-1121. (a) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of illegal drugs. Not less than 50 percent of the school bus drivers in each public school system shall be tested annually in one or more

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random tests. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the state, provided that, in the case of drivers whose salaries are exclusively funded by the local school system, the cost of such testing shall be borne by such local school system; and provided, further, that, in the case of drivers employed by private companies who have contracted to provide school bus service to a county school system or an independent school system, the cost of such testing shall be borne by such private company. If the drug test shows the presence of drugs in the employee's system, the results of the test will be confirmed using an alternative method but the same urine sample. (b) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of alcohol during the school day which testing may be carried out at any time within the school year and the cost of which shall be borne by the local board of education. (c) The State Board of Education shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs: (1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; and

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(6) Procedures for school bus drivers, prior to the collection of body fluid specimens for such testing, to provide information to their employers regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test. (d) The local boards of education shall adopt rules and regulations to establish for the random testing for the presence of alcohol: (1) The portion of drivers in any school system that shall be selected for testing at each testing period; (2) Methods for assuring that drivers are selected on a random basis; (3) Methods for assuring minimal privacy intrusions during such testing; (4) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (5) Methods for the testing of the breath of school bus drivers for the presence of alcohol, such testing to be done by a peace officer or law enforcement agency; (6) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; and (7) A list of laboratories qualified to conduct such alcohol testing. (e) The State Board of Education shall be authorized to adopt any other rules or regulations it deems necessary to implement testing for illegal drug use under this part. The local boards of education shall be authorized to adopt any other rules or regulations deemed necessary to implement random testing for alcohol use under this part.

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(f) Any rules or regulations adopted pursuant to this part shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations. 20-2-1122. (a) A school bus driver found to have used an illegal drug shall be terminated from his or her employment. (b) A school bus driver found to have any measurable alcohol in his or her system during the school day shall be subject to disciplinary action at the discretion of the local board of education. (c) A school bus driver who refuses to provide body fluid, when requested to do so in accordance with drug testing or random alcohol testing conducted pursuant to this part and rules and regulations promulgated under this part, shall be terminated from employment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. CRIMES AND OFFENSESDANGEROUS DRUG DEFINED; EXEMPTIONS. Code Section 16-13-71 Amended. No. 1049 (House Bill No. 1334). AN ACT To amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of the term dangerous drug, so as to change the provisions relating to exceptions from the dangerous drug list for certain grades of nitrous oxide; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of the term dangerous drug, is amended by striking paragraph (16) of subsection (c) and inserting in lieu thereof a new paragraph (16) to read as follows: (16) Nitrous oxideair 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 when mixed with not less than 100 parts per million of sulfur dioxide and used as a fuel additive for combustion engines or when used in industrial laboratory equipment; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. CRIMES AND OFFENSESFRAUDULENT ATTEMPTS TO OBTAIN REFUNDS. Code Section 16-9-56 Amended. No. 1050 (House Bill No. 1378). AN ACT To amend Code Section 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds; 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 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, is amended by striking subsection (a) thereof and inserting in its place the following: (a) It shall be unlawful for any person to give a false or fictitious name, address, or telephone number as that person's own or to give the name, address, or telephone number of any other person without that other person's knowledge and approval for the purpose of obtaining or attempting to obtain a refund for merchandise returned to a business establishment or a refund on a ticket or other document which is evidence of a service purchased from a business establishment, which service is yet to be performed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. JUDGES AND DISTRICT ATTORNEYSSTATE COMPENSATION. Code Section 45-7-4 Amended. No. 1051 (House Bill No. 1395). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensation of judges and district attorneys of the superior courts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state

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officials, is amended by striking paragraph (20) of subsection (a) and inserting in lieu thereof a new paragraph (20) to read as follows: (20) Each superior court judge.....75,544.00 Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law. Section 2 . Said Code section is further amended by striking paragraph (21) of subsection (a) in its entirety and inserting in its place the following: (21) Each district attorney.....67,281.00 Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. CRIMES AND OFFENSESESCAPE; PENALTIES. Code Section 16-10-52 Amended. No. 1052 (House Bill No. 1403). AN ACT To amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, so as to change the

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penalty for the offense of escape committed by a person who has been convicted of a felony or misdemeanor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. STATE BOARD OF EXAMINERS IN OPTOMETRYQUALIFICATION FOR MEMBERSHIP; CERTIFICATION. Code Title 43, Chapter 30 Amended. No. 1053 (House Bill No. 1666). AN ACT To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the name of the State Board of Examiners in Optometry; to change the provisions relating to qualifications for membership on such

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board; to change the requirements for certification and registration necessary to engage in the practice of optometry; to change the educational requirements for certification; to require applicants seeking a certificate of registration after July 1, 1994, to be qualified to use pharmaceutical agents for diagnostic and treatment purposes; to provide requirements for such qualification; 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 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking in its entirety paragraph (1) of Code Section 43-30-1, relating to definitions applicable to optometrists, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Board' means the State Board of Optometry. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-30-2, relating to the creation of the State Board of Examiners in Optometry, and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be the duty of the Governor to appoint a State Board of Optometry to consist of six members. This board shall be appointed by the Governor and styled the `State Board of Optometry.' All appointments to the board shall be subject to the confirmation of the Senate. One of the members shall be appointed from the public at large and shall have no connection whatsoever with the profession or practice of optometry. The remaining five members shall be persons who have been actively engaged in the practice of optometry in the state for five years immediately preceding such appointment, shall be registered as optometrists under this chapter, and shall be qualified to use pharmaceutical agents for diagnostic and treatment purposes as authorized under this chapter. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-30-7, relating to certification

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requirements applicable to the practice of optometry, and inserting in lieu thereof a new Code Section 43-30-7 to read as follows: 43-30-7. (a) All persons engaged in the practice of optometry or who wish to begin the practice of optometry shall apply through the joint-secretary to the board for a certificate of registration. Such certificate of registration shall be granted to such applicants upon compliance with the conditions contained in subsections (b), (c), and (d) of this Code section. (b) The applicant shall be registered and given a certificate of registration if he or she holds a valid license from such other state boards of optometry as may be, under the rules of comity, recognized by the board. The fee for registering such applicant shall be in an amount determined by the board. A person practicing optometry who has been registered and given a certificate of registration under the rules of comity and who fails to pay the biennial registration fee, as established by the board, on or before the renewal date established by the joint-secretary shall forfeit his or her certificate of registration. Such person may be reinstead by paying all past due registration fees and an additional fee in an amount established by the board. (c) Any other applicant for registration under this chapter shall be required to pass an examination approved by the board. In addition, each such applicant shall meet the following requirements: (1) Be 21 years of age and of good moral character; (2) Possess a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board; (3) Have completed not less than two years of preoptometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board; and (4) Hold a certificate of graduation from an accredited college or university teaching optometry, acceptable to the board, requiring a course of study therein of at least four school years.

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Failure to pass a satisfactory examination shall not debar the applicant from participating in subsequent examinations before the board upon his or her complying with this chapter and upon payment of a reexamination fee as established by the board. (d) Any applicant seeking a certificate of registration after July 1, 1994, must be qualified to use pharmaceutical agents for diagnostic and treatment purposes in accordance with subparagraph (A) of paragraph (2) of Code Section 43-30-1. Qualification to use pharmaceutical agents for diagnostic and treatment purposes shall be met by evidence of: (1) Successful completion of pharmacological training and certification from a properly accredited institution of higher learning, or the equivalent thereof to be determined by the board; and (2) Successful passage of an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases. 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, 1994. LITIGATIONSTATE'S APPEAL IN DELINQUENCY CASES; TIME FOR MOTION FOR ATTORNEY'S FEES AND COSTS IN FRIVOLOUS ACTIONS. Code Sections 5-7-1.1 and 9-15-14 Amended. No. 1054 (House Bill No. 1687). AN ACT To amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to provide for the right of the state to a direct appeal in certain delinquency cases; to amend Code

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Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolous actions, so as to provide that a motion for attorney's fees may be made at any time during the course of the action; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by adding a new Code section immediately following Code Section 5-7-1, to be designated Code Section 5-7-1.1, to read as follows: 5-7-1.1. An appeal may be taken by and on behalf of the State of Georgia from the juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in delinquency cases in the following instances: (1) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; or (2) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the first witness being sworn. Section 2 . Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees in frivolus actions, is amended by striking subsection (e) in its entirety and inserting in its place the following: (e) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition of the 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 5, 1994. INSURANCENO FILING FEES REQUIRED FOR REFILING OF CERTAIN DOCUMENTS; LIMITED BENEFIT INSURANCE; DEFINED. Code Sections 33-8-1 and 33-30-12 Amended. No. 1055 (House Bill No. 1488). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that no filing fee is required for a refiling of certain documents with the Commissioner of Insurance if a fee was paid with the original filing; to provide a definition of limited benefit insurance as applied to exceptions to rating standards for certain group accident and sickness insurance policies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-8-1, relating to fees and charges generally associated with insurance, a new paragraph (7) to read as follows: (7) For refiling of corrected documents under this Code section, provided that fees were paid with original filing.....No charge Section 2 . Said title is further amended by striking paragraph (4) of subsection (f) of Code Section 33-30-12, relating to standards and requirements for rating of small groups under

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accident and sickness insurance, and inserting in lieu thereof a new paragraph to read as follows: (4) Limited benefit insurance policies. For the purposes of this Code section, the term `limited benefit insurance' means accident and sickness insurance designed, advertised and marketed to supplement major medical insurance. The term `limited benefit insurance' includes accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance. 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, 1994. MOTOR VEHICLE SAFETY RESPONSIBILITY ACTDEPARTMENT OF PUBLIC SAFETY; NO ACTION ON ACCIDENT REPORTS, NOTICES, OR CLAIMS RECEIVED MORE THAN SIX MONTHS AFTER ACCIDENT. Code Section 40-9-32 Amended. No. 1056 (House Bill No. 1653). AN ACT To amend Code Section 40-9-32 of the Official Code of Georgia Annotated, relating to determination of the amount of security required under the Motor Vehicle Safety Responsibility Act, so as to provide that the Department of Public Safety shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident; 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 40-9-32 of the Official Code of Georgia Annotated, relating to determination of the amount of security required under the Motor Vehicle Safety Responsibility Act, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department, not less than 30 days after receipt of an accident report or notice of an accident, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted. Notwithstanding any other provisions of this chapter, the department shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. COMMERCEGEORGIA SECURITIES ACT OF 1973; PERSON REDEFINED TO INCLUDE LIMITED LIABILITY COMPANY; COMMISSIONER OF SECURITIES; COOPERATION WITH OTHER REGULATORY ENTITIES; CENTRAL REGISTRATION AND RECORDS DEPOSITORY. Code Sections 10-5-2 and 10-5-10 Amended. No. 1057 (House Bill No. 1727). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, so as to change a definition; to provide that the state may participate in

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a new electronic filing system; 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 10 of the Official Code of Georgia Annotated, the Georgia Securities Act of 1973, is amended by striking paragraph (22) of subsection (a) of Code Section 10-5-2, relating to definitions, in its entirety and inserting in its place the following: (22) `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 2 . Said chapter is further amended by striking subsection (g) of Code Section 10-5-10, relating to Secretary of State designated as commissioner of securities, which reads as follows: (g) The commissioner may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods. The commissioner is further authorized to participate, in whole or in part, in a Central Registration Depository (CRD) system, in cooperation with the National Association of Securities Dealers, Inc. (NASD), other states, and the United States, to the extent he deems participation to be in the public interest of this state., in its entirety and inserting in its place the following: (g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity

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Futures Trading Commission, the Securities Investor Protection Corporation, any self-regulatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central depository for registration under this chapter and for documents or records required or allowed to be maintained under this chapter and the designation of any such system as an agent for registration or receipt. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. TRAFFIC COURTTERMS; SESSIONS; CITIES OF 300,000 OR MORE. No. 1080 (House Bill No. 1591). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, so as to provide for the terms of 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 . An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is amended by striking Section 19 and inserting in lieu thereof a new Section 19 to read as follows:

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Section 19. Each court shall have two terms of six months, each term to be designated by the name of the month in which the term begins, and shall also have such adjourned terms as the chief judge may prescribe. Two or more sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide. Section 2 . This Act shall become effective June 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. CONSERVATIONWATER CONSERVATION PLANS; RULES; WHEN SUBMISSION REQUIRED; EXCEPTIONS; WATER CONSERVATION TASK FORCE. Code Section 12-5-4 Enacted. Code Sections 12-5-31 and 12-5-96 Amended. No. 1098 (Senate Bill No. 10). AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for the adoption of rules and regulations by the Board of Natural Resources relating to water conservation plans; to provide for a water conservation task force; to require a water conservation plan to be submitted to the director of the Environmental Protection Division of the Department of Natural Resources in conjunction with an application for a permit for withdrawal, diversion, or impoundment of surface water; to provide that such a plan shall be submitted in conjunction with an application for a permit to withdraw, obtain, or use ground water; to provide for exceptions; 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:

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Section 1 . Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end of Article 1, relating to general provisions relative to water resources, the following: 12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96. (b) The director of the Environmental Protection Division of the Department of Natural Resources shall appoint a task force to assist in the writing of the rules and regulations required by subparagraph (a) of this Code section. The task force shall have 12 members. Three members shall represent the business and industry community, three shall represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section. Section 2 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 12-5-31, relating to permits for the withdrawal, diversion, or impoundment of surface waters, and inserting in lieu thereof the following: (d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant or, in the case of a corporation, the address of its principal business office in this state; the date of filing; the source of the water supply; the quantity of water applied for; the use to be made of the water and any limitation thereon; the place of use; the location of the withdrawal, diversion, or impoundment; for those permits which indicate an increase in water usage, except for permits solely for agricultural use, a water conservation plan approved by the director and prepared based on guidelines issued by the director; and such other information as the director may deem necessary; provided, however, that any required information already provided the director by the applicant in the context of prior dealings with the division, which information

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is still correct, may be incorporated into the application by adequate reference to same. The director shall collect and disseminate such technical information as the director deems appropriate to assist applicants in the preparation of water conservation plans. Section 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, and inserting in lieu thereof the following: (a) (1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the division. (2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the director and based on guidelines issued by the director. The director shall collect and disseminate such technical information as the director deems appropriate to assist in the preparation of water conservation plans. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. MAGISTRATE COURTSBAD CHECK PROSECUTIONS; NO CONTEST CASH BONDS; FORFEITURE. Code Section 15-10-203 Enacted. No. 1099 (House Bill No. 326). AN ACT To amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure

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for the forfeiture of bonds on misdemeanor bad check violations as a final disposition; to provide for practices, procedures, and requirements connected therewith; to provide that certain failures to appear at trial may constitute a plea of guilty; to provide for bench warrants; to provide for no contest cash bonds and schedules related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, is amended by adding at the end thereof a new Code Section 15-10-203 to read as follows: 15-10-203. (a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202. The schedule of no contest cash bond amounts shall be sufficient to cover court costs, minimum fines as set forth in Code Section 16-9-20, and restitution in the full amount of the dishonored check. At the time of posting a no contest cash bond, the receipt shall contain the following language: `IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested. (b) A person arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202 who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court. (c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection

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(d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and payment of a fine and restitution and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation in accordance with Code Section 16-9-20. (d) If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest. (e) Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward restitution, fine, and court costs imposed by the court. (f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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PUBLIC RETIREMENT AND PENSION SYSTEMSDISABLED EMPLOYEES; CREDITABLE SERVICE. Code Title 47, Chapter 1, Article 4 Enacted. No. 1100 (House Bill No. 419). AN ACT To amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement and pension systems, so as to provide that certain public employees who are temporarily disabled shall be eligible to obtain creditable service under their respective retirement systems for service lost during the temporary disability subject to certain limitations; to provide for definitions; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement and pension systems, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 47-1-40. As used in this article, the term: (1) `Public employee' means an active member of a retirement system defined in paragraph (2) of this Code section. (2) `Retirement system' means: (A) The Employees' Retirement System of Georgia provided for in Chapter 2 of this title;

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(B) The Teachers Retirement System of Georgia provided for in Chapter 3 of this title; and (C) The Public School Employees Retirement System provided for in Chapter 4 of this title. (3) `Temporary disability' means a physical or mental illness, sickness, or disorder caused by job-related disease or accident which causes a public employee to cease receiving compensation as an active public employee to the extent that the employee loses all or a portion of the period of temporary disability as creditable service under the employee's respective retirement system, but the term does not include any period of disability during which the employee qualifies for a disability benefit under the respective retirement system or any period of disability for which the employee may receive creditable service under the provisions of the employee's respective retirement system. 47-1-41. A public employee may receive creditable service under the public employee's respective retirement system for a maximum of 12 months of temporary disability. A public employee wishing to obtain such creditable service shall apply to the board of trustees or other official or body administering the respective retirement system within not more than six months after returning to service immediately following the temporary disability. The public employee shall be required to pay the employee contributions that would have been paid during the period of temporary disability which is claimed for creditable service plus regular interest, as determined by the respective board of trustees or other official or body administering the respective retirement system, compounded from the period of disability for which creditable service is claimed to the date of payment. Such employee contribution shall be based on the compensation the public employee was receiving for employee contribution purposes immediately prior to becoming temporarily disabled. 47-1-42. Obtaining creditable service pursuant to the provisions of this article shall not preclude the use of the

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provisions of this article to obtain creditable service for another future temporary disability, provided that there is a period of at least five years of active service as a contributing member of the respective retirement system between any claims for creditable service under this article. 47-1-43. The provisions of this article shall apply to periods of temporary disability which occurred prior to July 1, 1994, as well as those which occur on or after that date. The boards of trustees or other officials or bodies administering retirement systems may by rule or regulation require such proof of temporary disability and other documentation as may be reasonably necessary to carry out the provisions of this article. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. COMMERCEPAYMENT BONDS OR SECURITY DEPOSITS FOR CONSTRUCTION; ACTIONS THEREON; NOTICE; FILING; INDEXING. Code Section 10-7-31 Enacted. No. 1101 (House Bill No. 545). AN ACT To amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of

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creditor and surety, so as to provide for payment bonds or security deposits with respect to contracts for the construction of an improvement to property other than a public work; to provide for the rights of certain parties claiming protection under a payment bond or security deposit; to require contractors to comply with certain Notice of Commencement provisions when a payment bond or security deposit has been furnished; to require certain information in the Notice of Commencement; to require persons who furnish labor, material, machinery, or equipment on a construction work to file a written Notice to Contractor in order to preserve certain rights under a payment bond or security deposit; to require certain information in the Notice to Contractor; 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 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, is amended by adding at the end thereof a new Code Section 10-7-31 to read as follows: 10-7-31. (a) Where a payment bond or security deposit is provided pursuant to a contract for the construction of an improvement to property other than a public work, every person entitled to claim the protection of the payment bond or security deposit 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 after the last of the labor was done or performed by him or her or the material or equipment or machinery was furnished or supplied by him or her for which such claim is made, or when he or she has completed his or her subcontract for which such claim is made, shall have the right to bring an action on such payment bond or security deposit in accordance with the terms thereof for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due him or her; provided, however, that any person having no contractual relationship express or implied with

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the contractor furnishing such payment bond or security deposit on a project where the contractor has complied with the Notice of Commencement requirements in accordance with subsection (b) of this Code section shall not have the right to bring an action on such payment bond or security deposit in accordance with the terms thereof unless such person gave to the contractor 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, a written Notice to Contractor setting forth: (1) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (2) The name and address of each person at whose instance the labor, material, machinery, or equipment are being furnished; (3) The name and location of the project set forth in the Notice of Commencement; and (4) 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. (b) Where a payment bond or security deposit is provided pursuant to a contract for the construction of an improvement to property other than a public work, the contractor furnishing the payment bond or security deposit shall post on the project site and file with the clerk of the superior court of the county in which the project is located a Notice of Commencement no later than 15 days after the contractor physically commences work on the project 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

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person shall render the notice to contractor requirement of subsection (a) 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 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; (6) The name and address of the construction lender, if any; and (7) The name and address of the holder of the security deposit provided, if any. (c) The failure to file a Notice of Commencement under subsection (b) of this Code section shall render the Notice to Contractor requirements of subsection (a) of this Code section inapplicable. (d) The clerk of the superior court shall file the Notice of Commencement provided for in this Code section within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices of lien 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 upon its approval by the Governor 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, 1994. COURTSGRAND JURIES; FOREPERSON; OATH. Code Section 15-12-67 Amended. No. 1102 (House Bill No. 820). AN ACT To amend Code Section 15-12-67 of the Official Code of Georgia Annotated, relating to appointment or election of foreperson of the grand jury, so as to make certain gender changes and grammatical revisions and corrections in the oath of grand jurors; to provide for related matters; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-12-67 of the Official Code of Georgia Annotated, relating to appointment or election of foreperson of the grand jury, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: (b) The following oath shall be administered to the foreperson and to each member of the grand jury: `You, as foreperson (or member) of the grand jury for the County of, shall diligently inquire and true presentment make of all such matters and things as shall be given you in the court's charge or shall come to your knowledge touching the present service; the prosecuting

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attorney and members of the grand jury shall keep secret anything occurring in the grand jury room unless called upon to give evidence thereof in some court of law in this state. You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowledge. So help you God.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. GEORGIA BUREAU OF INVESTIGATIONLABORATORIES; SUBMISSION AND TESTING OF SUBSTANCES. Code Section 35-3-16 Enacted. No. 1103 (House Bill No. 838). AN ACT To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories; to provide for certificates and admission thereof as evidence; to provide for practices, procedures, and requirements relative to testing of substances or evidence, certificates related thereto, and criminal procedure in cases related thereto; to provide for notices; to provide for time limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions

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relative to the Georgia Bureau of Investigation, is amended by adding at the end thereof a new Code Section 35-3-16 to read as follows: 35-3-16. (a) In any proceeding for a violation of the provisions of Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act,' a law enforcement agency may submit to one of the laboratories operated by the Division of Forensic Sciences of the Georgia Bureau of Investigation any substance, including but not limited to any substance believed to be a controlled substance or dangerous drug, or counterfeit thereof, or any poisons or any drugs. Also, a law enforcement agency may, in any prosecution for the offense of driving under the influence of alcohol or drugs under Code Section 40-6-391, submit a sample of the suspect's blood or urine for analysis in such case. The laboratory shall analyze these substances. (b) Upon the request of the appropriate district attorney's office, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence of compliance with all of the requirements and provisions of this Code section. This certificate shall be sworn to before a notary public or other person authorized by law to administer oaths and shall contain a statement establishing the type of analysis performed, the result achieved, and that the subscriber is the person who performed the analysis. When properly executed, the certificate shall, subject to subsection (c) of this Code section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person. (c) Whenever a party intends to tender in a criminal or civil proceeding a certificate executed pursuant to this Code

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section, notice of an intent to proffer that certificate and any reports relating to the analysis in question, including a copy of the certificate, shall be served on the opposing party or parties at least ten days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within ten days of receiving the adversary's notice of intent to tender the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A proferred certificate shall be admitted into evidence unless it appears from the notice of objection and specific grounds for that objection that the composition, quality, quantity, or chain of custody of the substance submitted to the laboratory for analysis will be contested in good faith at trial. A failure to comply with the time limitations regarding the filing of the notice of objection and the grounds for the objection required by this Code section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this Code section shall not be relaxed except upon a showing of good cause. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. LOCAL GOVERNMENTEMINENT DOMAIN FOR URBAN DEVELOPMENT; SETOFF OF TAX LIENS OR SPECIAL ASSESSMENTS TAX LIENS AGAINST CONDEMNATION AWARD; EXCEPTIONS. Code Section 36-61-9 Amended. No. 1104 (House Bill No. 989). AN ACT To amend Code Section 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent

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domain by a municipal corporation or a county for urban development purposes, so as to provide that a municipal corporation of a county may use any tax liens or special assessments tax liens to set off an award made in any such condemnation proceedings; to provide for exceptions; 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 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent domain by a municipal corporation or a county for urban development purposes, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) Whenever condemnation proceedings are instituted and carried on by a municipality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the amount of any municipal or county tax liens on the condemned property and by any existing special assessments tax liens on the condemned property, including without limitation education or special district taxes collected by the municipality or county; provided, however, that any such setoff shall be subject to any existing tax liens having higher priority pursuant to Code Section 48-2-56 and to the interest in the condemned property of any known beneficiary of a year's support pursuant to Code Section 53-5-2; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall

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become vested with fee simple indefeasible title to the property involved in the proceedings. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. GEORGIA PORTS AUTHORITYAUTHORITY OF GEORGIA CERTIFIED PEACE OFFICERS ON PORTS PROPERTY. Code Section 52-2-10 Amended. No. 1105 (House Bill No. 1136). AN ACT To amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, so as to add Georgia certified peace officers to the list of those persons authorized to arrest and enforce law and order within the jurisdiction of the Georgia Ports Authority; to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, is amended by striking subsection (f) in its entirety and inserting new subsections (f) and (g) in lieu thereof to read as follows: (f) While in the performance of their duties, those regular employees of the Georgia Ports Authority designated as

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investigators or Georgia certified peace officers shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this state wherein any such investigator or Georgia certified peace officer is performing his or her duty. While in the performance of their duties, any such investigators or Georgia certified peace officers shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such investigators or Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. (g) While in the performance of their duties, those regular employees of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to issue citations to vehicles parked in areas not specifically designated for the parking of vehicles while on the properties of the Georgia Ports Authority's terminals. The issuance of any such parking citation shall require the person who parked said vehicle to respond by the payment of a fine in the amount of $25.00 or by appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the fine shall be fixed at the discretion of the judge of said court, but in no event shall the fine exceed $25.00. In addition to the right to issue parking citations, those regular employees of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to remove improperly parked cars or vehicles in accordance with the provisions of Code Section 44-1-13. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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GEORGIA REAL ESTATE APPRAISERS BOARDTEMPORARY PERMITS; ORAL APPRAISAL REPORT. Code Title 43, Chapter 39A Amended. No. 1106 (House Bill No. 1226). AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to adopt rules relative to the issuance of temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions; 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 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking in its entirety Code Section 43-39A-6, relating to the seal of the Georgia Real Estate Appraisers Board and related matters, and inserting in lieu thereof the following: 43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. Section 2 . Said chapter is further amended by redesignating subsection (e) of Code Section 43-39A-8, relating to the

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establishment of appraiser classifications complying with federal law, as subsection (d) and by striking in its entirety the current subsection (d), which reads as follows: (d) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following: (1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property; (2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process; (3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter; (4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. Section 3 . Said chapter is further amended by inserting at the end of Code Section 43-39A-9, relating to the requirements

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for out-of-state applicants for a real estate appraiser's license, the following: (d) The board is authorized to promulgate rules consistent with guidelines established by the Appraisal Subcommittee for the granting of a temporary practice permit to an appraiser classified in another state in order to allow such appraiser to perform an appraisal for a single federally related transaction on property located in this state. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-39A-14, relating to grounds for refusing an application for appraiser classification and related matters, and inserting in lieu thereof the following: 43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board. (b) (1) As used in this subsection, the term: (A) `Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) `Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for an appraiser classification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such conviction in

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itself may be a sufficient ground for refusal of an appraiser classification. An applicant for an appraiser classification who has been convicted of any offense enumerated in this paragraph may be issued an appraiser classification by the board only if: (A) At least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification. (e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification. (f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.

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(g) Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser: (1) Voluntarily surrenders an appraiser classification to the board; (2) Allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allows an appraiser classification to lapse due to failure to pay any required fees, and if such surrender or lapsing takes place after the board has initiated an investigation pursuant to Code Section 43-39A-22 but before the board files a notice of hearing, the board may issue an order revoking the appraiser's appraiser classification and provide a copy of such order to the appraiser. The order will be effective ten days after the appraiser receives a copy of the order unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person. (h) Where an applicant for an appraiser classification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of an appraiser classification. An applicant for an appraiser classification who has had an occupational registration, license, or certification revoked by any occupational licensing body of this state, any

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other state, or any foreign country may be granted an appraiser classification by the board only if: (1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may imposed upon that appraiser any sanction permitted by this chapter. Section 5 . Said chapter is further amended by striking at the end of paragraph (15) of subsection (a) of Code Section 43-39A-18, relating to penalties for violations of said chapter, the word or, by striking at the end of paragraph (16) of said Code section the symbol . and inserting in lieu thereof the symbol ;, and by inserting at the end of such subsection the following: (17) Providing an oral appraisal report in a federally related transaction; or (18) Utilizing the services of any person in other than a ministerial capacity whose appraisal classification is suspended or revoked in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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WORKERS' COMPENSATIONPRESUMPTIONS REGARDING CAUSATION OF ACCIDENTS; PENALTIES; QUALIFICATIONS OF MEMBERS OF STATE BOARD OF WORKERS' COMPENSATION; NOTICE; HEARINGS; ADMISSIBILITY; REVIEW; EMPLOYER'S EXPERIENCE FACTOR; CHANGE OF PHYSICIAN; MANAGED HEALTH CARE PROVIDERS; UTILIZATION REVIEW; QUALITY ASSURANCE; PEER REVIEW; REINSTATEMENT AND SUSPENSION OF BENEFITS; COMPENSATION INCREASED. Code Title 34, Chapter 9 Amended. No. 1107 (House Bill No. 1505). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise definitions; to provide for conditions which create rebuttable presumptions with regard to the causation of accidents and injuries or deaths; to provide civil penalties for false or misleading statements and other violations; to provide for intent and construction; to revise the qualifications of members of the State Board of Workers' Compensation; to delete certain notice requirements; to revise the time period for the scheduling of hearings; to provide for the admissibility of certain reports; to revise provisions relative to the review of decisions of the administrative law judges of the trial division; to revise the factors to be considered in the computation of an employer's experience modification factor; to allow the board to order a change of physician on its own motion; to provide various methods to be used by the employer in providing for medical care to injured employees; to provide for the certification of managed health care providers by the board; to provide for review by the board of utilization review, quality assurance, and peer review activities; to provide for the immunity from civil actions of persons participating in utilization review; to provide for the reinstatement or suspension of benefits under certain conditions; to increase the compensation payable for total disability or for temporary partial disability; to provide for matters relative to the foregoing; to provide for editorial revision; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (4) of Code Section 34-9-1, relating to definitions, and inserting in its place a new paragraph (4) to read as follows: (4) `Injury' or `personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, `injury' and `personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. `Injury' and `personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall `injury' and `personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis unless it is shown by a preponderance of competent and credible evidence that any of such conditions were attributable to the performance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. Section 2 . Said chapter is further amended by striking Code Section 34-9-17, relating to the grounds for denial of

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compensation, and inserting in its place a new Code Section 34-9-17 to read as follows: 34-9-17. (a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute, or the willful breach of any rule or regulation adopted by the employer and approved by the board, of which rule or regulation the employee has knowledge prior to the accident. (b) No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription: (1) If the amount of alcohol in the employee's blood within three hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is 0.08 grams or greater, there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol; (2) If any amount of marijuana or a controlled substance as defined in paragraph (4) of Code Section 16-13-21, Code Sections 16-13-25 through 16-13-29, Schedule IV, or 21 C.F.R. Part 1308 is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, there shall be a rebuttable presumption that the accident and injury or death were caused by the ingestion of marijuana or the controlled substance; or (3) If the employee unjustifiably refuses to submit to a reliable, scientific test to be performed in the manner set forth in Code Section 34-9-415 to determine the presence of alcohol, marijuana, or a controlled substance

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in an employee's blood, urine, breath, or other bodily substance, then there shall be a rebuttable presumption that the accident and injury or death were caused by the consumption of alcohol or the ingestion of marijuana or a controlled substance. (c) With the exception of the rebuttable presumptions set forth above, the burden of proof shall be generally upon the party who claims an exemption or forfeiture under this Code section. Section 3 . Said chapter is further amended by striking Code Section 34-9-18, relating to assessment of civil penalties by the board, and inserting in its place a new Code Section 34-9-18 to read as follows: 34-9-18. (a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. (b) Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $500.00 nor more than $5,000.00 per violation. (c) In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126. (d) Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter.

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Section 4 . Said chapter is further amended by adding immediately following Code Section 34-9-22, relating to the penalty for receipt of unapproved fees, a new Code Section 34-9-23 to read as follows: 34-9-23. This chapter shall be liberally construed only for the purpose of bringing employers and employees within the provisions of this chapter and to provide protection for both. This chapter is intended to provide a complete and exclusive system and procedure for the resolution of disputes between employers and employees who are subject to this chapter concerning accidents and injuries arising out of and in the course of employment as defined by this chapter. The provisions of this chapter shall be construed and applied impartially to both employers and employees. Section 5 . Said chapter is further amended by striking Code Section 34-9-42, relating to the qualifications and roles of the members of the board, and inserting in its place a new Code Section 34-9-42 to read as follows: 34-9-42. (a) The chairperson of the board shall be a person who, on account of his or her previous employment, affiliation, or experience, shall be considered knowledgeable of the concerns of the public at large. One of the remaining two board members shall be a person who, on account of his or her previous employment, association, or affiliation, shall be knowledgeable of the concerns of employers; and the one remaining member of the board shall be a person whose previous employment or affiliation has been as a member of a group subject to this chapter as an employee, regardless of whether the employment of such person has been with a person, firm, or corporation actually operating under this chapter, and who shall be knowledgeable of the concerns of employees. (b) The chairperson and each board member shall be a member of the State Bar of Georgia with at least seven years of practice experience and shall be subject to the Georgia Code of Judicial Conduct.

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Section 6 . Said chapter is further amended by striking Code Section 34-9-100, relating to the filing of claims with the board, and inserting in its place a new Code Section 34-9-100 to read as follows: 34-9-100. (a) Subject to Code Section 34-9-82, a claim for compensation may be filed with the board at any time following an injury or death. The board and its administrative law judges shall have full authority to hear and determine all questions with respect to such claims. (b) The board shall make or cause to be made any investigation it considers necessary and, upon its own motion or application of any interested party, order a hearing thereon and assign the claim to an administrative law judge for review. (c) On or after July 1, 1985, any application for hearing filed with the board pursuant to this Code section for which no hearing is conducted for a period of five years shall automatically stand dismissed. (d) Any claim, notice, or appeal required by this chapter to be filed with the board shall be deemed filed on the earlier of: (1) the date such claim or notice is actually received by the board; or (2) the official postmark date such claim or notice was mailed to the board, properly addressed with postage prepaid, by registered or certified mail. Section 7 . Said chapter is further amended by striking subsections (a) and (e) of Code Section 34-9-102, relating to the hearing before the administrative law judge, and inserting in their respective places new subsections (a) and (e) to read as follows: (a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 90 days from the date of the hearing notice. (e) Conduct of hearing. (1) The administrative law judge shall conduct the hearing in an informal manner

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consistent with the requirements of due process of law. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. The rules of evidence pertaining to the trial of civil nonjury cases in the superior courts of Georgia shall be followed unless otherwise provided in this chapter. A party may conduct such cross-examination as required for a full and true disclosure of the facts. Official notice may be taken of judicially cognizable facts, provided the parties are provided an opportunity to contest the material noticed. (2) Any medical report on a form prescribed by the board or in narrative form signed and dated by an examining or treating physician or other duly qualified medical practitioner shall be admissible in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, and prognosis by the person signing the report, as if that person were present at the hearing and testifying as a witness, subject to the right of any party to object to the admissibility of any portion of the report and subject to the right of an adverse party to cross-examine the person signing the report and provide rebuttal testimony within the time allowed by the administrative law judge. The party tendering the medical report may, within the time allowed by the administrative law judge, also introduce the testimony of the person who has signed the medical report, for the purpose of supplementing the report. (3) For the purposes of Code Section 34-9-104, a report on a form prescribed by the board or in a narrative form which substantially complies with the form prescribed by the board and which is signed and dated by a prospective employer shall be admissible in evidence in lieu of the oral testimony of such prospective employer insofar as it documents that the employee has applied for a position or positions suitable to the employee's limitations or restrictions resulting from the work related injury and was not hired. Any party shall have the right to object to the admissibility of any portion of the report and an adverse party shall have the right to cross-examine the person signing the report and provide rebuttal

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testimony within the time allowed by the administrative law judge. The party tendering the report may, with the time allowed by the administrative law judge, also introduce the oral testimony of the person who has signed the report for the purpose of supplementing the report. Section 8 . Said chapter is further amended by striking subsection (a) of Code Section 34-9-103, relating to the review of awards by the board, and inserting in its place a new subsection (a) to read as follows: (a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have original appellate jurisdiction in all workers' compensation cases. If an application for review is made to the appellate division within 20 days of notice of the award, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties at dispute. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponderance of competent and credible evidence contained within the records. Section 9 . Said chapter is further amended by striking Code Section 34-9-137, relating to factors to be considered in an employer's experience modification factor, and inserting in its place a new Code Section 34-9-137 to read as follows:

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34-9-137. Whenever an experience modification factor is applied to the premium of an employer's policy of workers' compensation insurance, consideration shall be given to: (1) Any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, relating to rights of action against third parties and subrogation; and (2) Code Section 34-9-360, relating to reimbursements from the Subsequent Injury Trust Fund. In addition, the insurer shall not include in the computation of such factor any penalties which were incurred pursuant to this chapter by the actions of the insurer or its representative. Section 10 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-200, relating to compensation for medical care, and inserting in its place a new subsection (b) to read as follows: (b) Upon the request of an employee or an employer, or upon its own motion, the board may in its judgment, after notice is given in writing of the request to all interested parties and allowing any interested party 15 days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another physician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section. Section 11 . Said chapter is further amended by striking Code Section 34-9-201, relating to selection of physicians from the panel of physicians, and inserting in its place a new Code Section 34-9-201 to read as follows: 34-9-201. (a) As used in this Code section, the term `physician' shall include any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia.

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(b) The employer may satisfy the requirements for furnishing medical care under Code Section 34-9-200 in one of the following manners: (1) The employer shall maintain a list of at least four physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. This list shall be known as the `Panel of Physicians.' At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two industrial clinics shall be included on the panel. An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. The physicians selected under this subsection from the panel may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization from the board; provided, however, that any medical practitioner providing services as arranged by a primary authorized treating physician under this subsection shall not be permitted to arrange for any additional referrals. The employee may make one change from one physician to another on the same panel without prior authorization of the board; (2) The employer may maintain a list of physicians in conformity with the guidelines and criteria established and contained in the Rules and Regulations of the State Board of Workers' Compensation. This list shall be known as the `Conformed Panel of Physicians.' An employee may obtain the services of any physician from the conformed panel and may thereafter also elect to change to another physician on the panel without prior authorization within 60 days of the date of first treatment for the injury. The physician so selected will then become the primary authorized treating physician in control of the employee's medical care and may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization by the board; provided, however, that any of the physicians to whom the employee is referred by the primary authorized treating

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physician shall not be permitted to arrange for any additional referrals; or (3) A self-insured employer or the workers' compensation insurer of an employer may contract with a managed care organization certified pursuant to Code Section 34-9-208 for medical services required by this chapter to be provided to injured employees. Medical services provided under this paragraph shall be known as `Managed Care Organization Procedures.' Those employees who are subject to the contract shall receive medical services in the manner prescribed in the contract. Each such contract must comply with the certification standards provided in Code Section 34-9-208. Self-insured employers or workers' compensation insurers who contract with a managed care organization for medical services shall give notice to the employees of the eligible medical service providers and such other information regarding the contract and manner of receiving medical services as the board may prescribe. (c) Consistent with the method elected under subsection (b) of this Code section, the employer shall post the Panel of Physicians or Conformed Panel of Physicians or Managed Care Organization Procedures in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees: (1) Understand the function of the panel or managed care organization procedures and the employee's right to select a physician therefrom in case of injury; and (2) Are given appropriate assistance in contacting panel or managed care organization members when necessary. (d) Notwithstanding the other provisions contained in this Code section, if an inability to make a selection of a physician as prescribed in this Code section is the result of an emergency or similarly justifiable reason, the selection

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requirements of this Code section shall not apply as long as such inability persists. (e) Upon the request of an employee or an employer, or upon its own motion, the board may order a change of physician or treatment as provided under Code Section 34-9-200. (f) If the employer fails to provide any of the procedures for selection of physicians as set forth in subsection (b) of this Code section, an employee may select any physician to render service at the expense of the employer. (g) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employers or in manager care organizations pursuant to this Code section. Section 12 . Said chapter is further amended by adding immediately following Code Section 34-9-207, relating to the employee's waiver of confidentiality of communications with physicians, a new Code Section 34-9-208 to read as follows: 34-9-208. (a) Any health care provider or group of medical service providers may make written application to the board to become certified to provide manager care to injured employees for injuries and diseases compensable under this chapter. (b) Each application for certification shall be accompanied by a reasonable fee prescribed by the board. A certificate is valid for such period as the board may prescribe unless sooner revoked or suspended. (c) Application for certification shall be made in such form and manner and shall set forth such information regarding the proposed plan for providing services as the board may prescribe. The information shall include but not be limited to: (1) A list of the names of all individuals who will provide services under the managed care plan, together

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with appropriate evidence of compliance with any licensing or certification requirements for that individual to practice in this state; (2) A description of the times, places, and manner of providing services under the plan; (3) A description of the times, places, and manner of providing other related optional services the applicants wish to provide; and (4) Satisfactory evidence of ability to comply with any financial requirements to ensure delivery of service in accordance with the plan which the board may prescribe. (d) The board shall certify health care providers or a group of medical service providers to provide manager care under a plan if the board finds that the plan: (1) Proposes to provide services that meet quality, continuity, and other treatment standards prescribed by the board and will provide all medical and health care services that may be required by this chapter in a maner that is timely, effective, and convenient for the employee; (2) Provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of service; (3) Provides adequate methods of peer review, service utilization review, and dispute resolution to prevent inappropriate or excessive treatment, to exclude from participation in the plan those individuals who violate these treatment standards, and to provide for the resolution of such medical disputes as the board considers appropriate; (4) Provides a program involving cooperative efforts by the employees, the employer, and the managed care organization to promote consultative and other services

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that will contribute to workplace health and safety and early return to work for injured employees; (5) Provides a timely and accurate method of reporting to the board necessary information regarding medical and health care service costs and utilization to enable the board to determine the effectiveness of the plan; and (6) Complies with any other requirement the board determines is necessary to provide quality medical services and health care to injured workers at a reasonable cost. (e) The board shall refuse to certify or may revoke or suspend the certification of any health care provider or group of medical service providers to provide managed care if the members of the board find that: (1) The plan for providing medical or health care services fails to meet the requirements of this Code section; or (2) Service under the plan is not being provided in accordance with the terms of a certified plan. (f) Utilization review, quality assurance, and peer review activities pursuant to this Code section shall be subject to the review of the board or the board's designated representatives. Data generated by or received in connection with these activities, including written reports, notes, or records of any such activities, or of the board's review thereof, shall be confidential and shall not be disclosed by the board except as considered necessary by the board in the administration of this chapter. The board may report professional misconduct to an appropriate licensing authority. (g) No data generated by utilization review, quality assurance, or peer review activities pursuant to this Code section or the board's review thereof shall be used in any action, suit, or proceeding except to the extent considered necessary by the board in the administration of this chapter.

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(h) A person participating in utilization review, quality assurance, or peer review activities pursuant to this Code section shall not be examined as to any communication made in the course of such activities or the findings thereof, nor shall any personnel be subject to an action for civil damage for affirmative actions taken or statements made in good faith. Section 13 . Said chapter is further amended by striking Code Section 34-9-240, relating to suitable employment, and inserting in its place a new Code Section 34-9-240 to read as follows: 34-9-240. (a) If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified. (b) Notwithstanding the provisions of subsection (a) of this Code section, if the authorized treating physician releases an employee to return to work with restrictions and the employer tenders a suitable job to the employee within those restrictions, then: (1) If the employee attempts the proffered job and is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated, and the burden shall be upon the employer to prove that the employee is not entitled to continuing benefits; or (2) If the employee refuses to attempt the proffered job, then the employer may unilaterally suspend benefits upon filing with the board the appropriate form with supporting documentation of the release to return to work with restrictions by the authorized treating physician, the tender of a suitable job within those restrictions, and a statement that the employee did not attempt the proffered job. Under those circumstances, the burden shall shift to the employee to prove continuing entitlement to benefits.

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Section 14 . Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows: 34-9-261. While the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $275.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104. Section 15 . Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in its place a new Code Section 34-9-262 to read as follows: 34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $192.50 per week for a period not exceeding 350 weeks from the date of injury. Section 16 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994.

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WARD EDWARDS BRIDGEDESIGNATED. No. 65 (Senate Resolution No. 386). A RESOLUTION Designating the Ward Edwards Bridge; and for other purposes. WHEREAS, the Honorable Ward Edwards was elected to the Georgia House of Representatives in 1967 and served until January, 1993; and WHEREAS, the Honorable Ward Edwards faithfully served his constituency for 22 years; and WHEREAS, the Honorable Ward Edwards served with distinction on the Appropriations Committee; the Rules Committee (secretary); the Interstate Cooperation Committee (vice-chairman); the Governmental Affairs Committee, the Natural Resources Committee; and the Education Committee; and WHEREAS, the Honorable Ward Edwards further distinguished himself by serving as chairman of the Third District Legislative Caucus for 22 years; served as secretary to the majority caucus; and was a delegate to the National Democratic Convention in New York in 1980. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of the westbound bridge on State Route 96 at the Taylor and Crawford County lines crossing the Flint River is designated as the Ward Edwards 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 Ward Edwards Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate

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copy of this resolution to the Honorable Ward Edwards and to the Department of Transportation. Approved April 5, 1994. GEORGIA STATE COTTON MUSEUM AND DOOLY COUNTY WELCOME CENTERRECOGNIZED AS THE STATE'S OFFICIAL COTTON MUSEUM. No. 66 (Senate Resolution No. 426). A RESOLUTION Recognizing the Georgia State Cotton Museum and Dooly County Welcome as the state's official Cotton Museum; and for other purposes. WHEREAS, the Vienna Historic Preservation Society is preserving the historic one-room schoolhouse known as the Smyrna School; and WHEREAS, Dooly County has long been a leader in Georgia cotton production and, through its farmers, has provided expertise and leadership in agribusiness at the regional, state, and national level; and WHEREAS, cotton production has attracted the attention of native Georgians and tourists alike as evidenced by roadside picking and photoshoots; and WHEREAS, Dooly County is positioned in the heart of Georgia on Interstate 75 with immediate access to travelers which presents a marvelous opportunity for education; and WHEREAS, the museum has the financial and conceptual support of the Dooly County Board of Commissioners, the Dooly County Chamber of Commerce, the Georgia Cotton Wives, the Georgia Cotton Council, and Cotton, Inc.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Georgia State Cotton Museum and Dooly County Welcome Center is recognized as the state's official Cotton Museum. BE IT FURTHER RESOLVED that the Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the state's official Cotton Museum and to visit the State of Georgia for tourism purposes. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Vienna Historic Preservation Society. Approved April 5, 1994. T.P. RAMSEY BRIDGEDESIGNATED. No. 67 (Senate Resolution No. 453). A RESOLUTION Designating the T.P. Ramsey Bridge; and for other purposes. WHEREAS, T.P. Ramsey was a native and lifelong resident of Murray County, Georgia, was married to the former Ruth Robinson, and was the father of Tom Ramsey and Linda Anderson; and WHEREAS, Mr. Ramsey was a respected business and civic leader, sawmill owner and operator, farmer, trustee of Ramhurst Elementary School, and a member of the Board of Education of Murray County from 1959 to 1975; and WHEREAS, Mr. T.P. Ramsey was the grandson of Mr. A. K. Ramsey who served in the General Assembly of Georgia in

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1892 and 1893, was the son of Mr. Tom Ramsey who served in the General Assembly in 1906, and was the father of Mr. Tom Ramsey who most ably served the people of Murray County in the House of Representatives and the Senate; and WHEREAS, it is fitting and proper to recognize the many outstanding contributions of Mr. T. P. Ramsey to his fellow citizens of Murray County and to the people of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Rock Creek on State Highway 282 in Murray County, Georgia, is designated as the T. P. Ramsey 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 T. P. Ramsey 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 Mr. T. P. Ramsey. Approved April 5, 1994. STATE PROPERTYLEASE OF PROPERTY IN WHITFIELD COUNTY TO CONAGRA POULTRY COMPANY. No. 68 (Senate Resolution No. 469). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property in Whitfield County which is a portion of the Western and Atlantic Railroad right-of-way in the custody of the State Properties Commission; and

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WHEREAS, said tract of land is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND containing 2.5 acres, more or less, lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section, Whitfield County, Georgia, and being more particularly described as parcels numbers 3 and 6 of the Western and Atlantic Railroad Valuation Map No. V2/51 as filed in the State of Georgia Archives Building, Fulton County, Georgia.; and WHEREAS, pursuant to Resolution Act 65, H.R. 149-540, approved April 19, 1979 (Ga. L. 1979, p. 1373), the abovedescribed state property was leased to ConAgra Poultry Company; and WHEREAS, the lease on such property expires on December 31, 1994; and WHEREAS, ConAgra Poultry Company is desirous of renewing the lease on the above-described state property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described real property 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 to ConAgra Poultry Company for a period of ten years following the expiration of the lease entered into pursuant to said 1979 resolution, subject to the following conditions: (1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease;

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(2) The term of such lease shall begin January 1, 1995, and expire December 31, 2004; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the authorization in this resolution to lease the above-described property to ConAgra Poultry Company 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 propert to effect such lease. 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 this lease agreement shall be recorded by the lessee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1994. STATE PROPERTYCONVEYANCE TO CHATTOOGA COUNTY. No. 69 (Senate Resolution No. 470). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Chattooga 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 Chattooga County, Georgia; and WHEREAS, said real property containing approximately 12 acres is: All that tract or parcel of land lying and being in Land Lot No. 59 in the 6th District and 4th Section of Chattooga County, Georgia, and being described as follows: To find the point of beginning START at the intersection of the easterly right-of-way line of U.S. Highway No. 27, a/k/a Georgia Highway No. 1, with the South right-of-way line of Farrar Drive (R/W 40'), said point of intersection being marked by a concrete monument; thence running South 70 degrees 09 minutes 06 seconds East, along the southerly right-of-way line of Farrar Drive, 1044.76 feet to an iron pin and the point of beginning of the property herein conveyed; thence from the point of beginning running the following courses and distances along the southern right-of-way line of Farrar Drive: South 75 degrees 28 minutes 14 seconds East 84.01 feet, South 81 degrees 40 minutes 13 seconds East 75.69 feet, South 89 degrees 15 minutes 41 seconds East 95.42 feet, South 89 degrees 36 minutes 26 seconds East 177.90 feet and South 87 degrees 05 minutes 01 seconds East 183.09 feet to an iron pin in the southerly right-of-way line of Farrar Drive; thence leaving the southerly line of Farrar Drive and running South 30 degrees 32 minutes 01 second West 1,158.65 feet to an iron pin in the East right-of-way line of Fairway Street; thence running North 68 degrees 21 minutes 43 seconds West 236.39 feet to an iron pin; thence running North 89 degrees 39 minutes 26 seconds West 228.86 feet to an iron pin; thence running North 24 degrees 01 minute 20 seconds East 1043.65 feet to the point of beginning. Said property is described in accordance with a survey plat prepared for Georgia National Guard by Carl N. Morrison, Georgia Registered Surveyor No. 1686, dated July 1, 1988, and recorded in Plat Book 6, Page 99 in the Office of the Clerk of the Superior Court of Chattooga County, Georgia, by reference made a part hereof; and

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WHEREAS, said property is under the custody of the Georgia Department of Defense; and WHEREAS, the subject property was conveyed to the State of Georgia by Chattooga County on August 1, 1988, for the consideration of $1.00; and WHEREAS, the Department of Defense is consolidating its facilities; and WHEREAS, said parcel is not being utilized by the Georgia Department of Defense and is therefore surplus to its needs; and WHEREAS, Chattooga County is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the above-described real property shall be conveyed by appropriate instrument by the State of Georgia, acting by and through the State Properties Commission, to Chattooga County for a consideration of $1.00 and 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 Chattooga County 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.

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Section 5 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Chattooga 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 Act are repealed. Approved April 5, 1994. JOINT RHODES MEMORIAL HALL STUDY COMMITTEECREATION. No. 70 (Senate Resolution No. 485). A RESOLUTION Creating the Joint Rhodes Memorial Hall Study Committee to clarify the State's ownership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain state-owned, improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee; 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 legates 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

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WHEREAS, since that time, 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, Rhodes Memorial Hall is a landmark museum building, and the United States government has recognized Rhodes Memorial Hall's significance by placing it on the National Register of Historic Places; and WHEREAS, Rhodes Memorial Hall is on of the few remaining residences on Peachtree Street, Atlanta's thoroughfare to the world; and WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the State Properties Commission; and WHEREAS, the Georgia Trust for Historic Preservation, Inc., 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, under a rental agreement dated September 1, 1993, between the Georgia Trust for Historic Preservation and 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, the trust is occupying and using Rhodes Memorial Hall as its headquarters; as a museum, exhibit and lecture hall; and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and WHEREAS, the state enjoyed use of Rhodes Memorial Hall for over 60 years to secure the State's archives and promote the history of the state and its people; and WHEREAS, the state, as a demonstration of its commitment to preserving this home, has invested almost a million dollars in the partial renovation of the exterior and infrastructure; and

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WHEREAS, the Georgia Trust for Historic Preservation, as a demonstration of its commitment to the long-term preservation of this home, has also invested almost a half a million dollars in the renovation of the interior; and WHEREAS, it is in the best interest of the State of Georgia and the historic preservation community to determine the state's continued interest and obligation toward supporting this facility. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Rhodes Memorial Hall Study Committee to be composed of 14 persons, as follows: (1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives; (2) Two members of the Senate appointed by the President of the Senate; (3) Two members appointed by the Governor; (4) The Secretary of State or the Secretary of State's designee; (5) The executive director of the State Properties Commission; (6) The president of the Georgia Trust for Historic Preservation; (7) The state historic preservation officer of the Department of Natural Resources; (8) The executive director of the Georgia Building Authority; (9) A representative of the Attorney General's office; and

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(10) Two representatives of the family of heirs of the A. G. Rhodes family. 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. The committee shall undertake a study and make recommendations on what actions or legislation is needed to clarify the state's proprietary status in Rhodes Memorial Hall, assess the ongoing needs to preserve and protect the facility for future generations, and develop and recommend a plan of action to preserve and protect the facility that meets the needs of the family of the heirs, the historic preservation community, and the state. 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 legislative members of the committee shall receive from the funds appropriated to the House of Representatives and the Senate 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 committee shall make a report of its findings and recommendations with suggestions for proposed legislation, if any, to the Governor and to the General Assembly on or before December 1, 1994. The committee shall stand abolished on December 1, 1994. Approved April 5, 1994. STATE PROPERTYCONVEYANCE TO THE CITY OF TUNNEL HILL. No. 71 (Senate Resolution No. 500). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Whitfield 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 Whitfield County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Whitfield County, Georgia, lying in and being a part of the Western and Atlantic Railroad right-of-way containing the old tunnel and a portion of right-of-way to said tunnel in the City of Tunnel Hill as described on a drawing in the offices of the State Properties Commission and will be more particularly described on a plat of survey provided by the City of Tunnel Hill and presented to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the State Properties Commission and is leased to CSX Transportation, Inc.; and WHEREAS, said property has significant historical value; and WHEREAS, the City of Tunnel Hill is desirous of acquiring said property in order to ensure the structural integrity of the site and to properly preserve its historical significance. 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 Tunnel Hill by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 so long as the property is used for public purpose and 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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Section 3 . That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad, conveying its interest in said property to the State of Georgia by appropriate instrument. Section 4 . That the authorization in this resolution to convey the above-described property to the City of Tunnel Hill shall expire three years after the date that this resolution becomes effective. Section 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 6 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1994. GARLAND T. BYRD BRIDGEDESIGNATED. No. 72 (Senate Resolution No. 502). A RESOLUTION Designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge; and for other purposes.

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WHEREAS, Honorable Garland Turk Byrd served as Lieutenant Governor of Georgia from 1959 to 1963; and WHEREAS, he was a member of the House of Representatives of the General Assembly of Georgia from Taylor County from 1947 to 1949; and WHEREAS, he resigned from the General Assembly in 1949 to become Assistant Director of the Veterans Service Department, serving in that post until 1952; and WHEREAS, it is fitting and proper to recognize the public service of Honorable Garland T. Byrd to his fellow citizens and to the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the present bridge or any subsequently built bridge across the Flint River joining Upson and Taylor counties on U.S. 19 shall be designated as the Garland T. Byrd Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation. Approved April 5, 1994. STATE PROPERTYSALE TO OR EXCHANGE WITH GEORGIA POWER COMPANY AT TALLULAH GORGE. No. 73 (Senate Resolution No. 519). A RESOLUTION Authorizing the disposition, through negotiated sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, of real property interests that the State of Georgia now owns or will acquire in property located

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in Rabun County and Habersham County, Georgia, for the development and operation of a state park at Tallulah Gorge; to further authorize the grant of nonexclusive easements to Georgia Power Company for the operation and maintenance of electrical generating power lines over, under, upon, across, or through property that the State of Georgia owns or leases or will own or lease for the development and operation of a state park in Rabun County and Habersham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia, through the Department of Natural Resources, intends to develop and operate a state park (park) adjacent to Tallulah Gorge (gorge) located in Tallulah Falls, Habersham County and Rabun County; and WHEREAS, in order to develop the park the State of Georgia will need to acquire from third parties and acquire and lease from Georgia Power Company approximately 3,000 acres of property in the vicinity of the gorge; and WHEREAS, through deeds dating back as far as 1908, Georgia Power Company has acquired or retained ownership interests in approximately 4,000 acres of the real property in the vicinity of the gorge; and WHEREAS, in certain property at or near the gorge, Georgia Power Company's ownership interests are subject to concurrent, joint interests held by third parties; and WHEREAS, Article VII, Section IV, Paragraph VIII of the Georgia Constitution prohibits the State from being joint owners with any individual, company, association or corporation; and WHEREAS, Georgia Power Company is prohibited from disposing of any property that comprises the North Georgia Hydroelectric Project, Federal Energy Regulatory Commission (FERC) Number 2354 (Project Area); and

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WHEREAS, in order for the State of Georgia and Georgia Power Company to obtain fee simple interest in their respective parcels of real property it will be necessary for the State of Georgia and Georgia Power Company to exchange certain real property interests; and WHEREAS, in order to develop the park, it may be necessary for the State of Georgia and Georgia Power Company to exchange real property that the parties now own in fee simple; and WHEREAS, Georgia Power Company and the State of Georgia will negotiate a lease to the state for certain parcels of real property that Georgia Power Company owns or will acquire within the area that will comprise the park. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the state of Georgia, acting by and through the Department of Natural Resources, has acquired or is negotiating for the acquisition of approximately 3,000 acres of property in the vicinity of the gorge, said property to be used in the development and operation of a state park, hereinafter referred to as the park. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, with a recommendation of the Board of Natural Resources may dispose, through negotiated sale to or exchange (including without limitations like-kind exchanges) with Georgia Power Company, of any interest that it may now have or hereinafter acquire in real property which is in custody of the Department of Natural Resources in Rabun County or Habersham County, so long as any such disposition to Georgia Power Company is in the interest and furtherance of developing and operating the park. Section 3 . That the above-referred dispositions may be made for the sole purpose of permitting the State of Georgia to obtain from Georgia Power Company interest in real property which is in the vicinity of the gorge; and to permit Georgia Power Company to acquire from the State of Georgia interest in

Page 920

real property which comprises or is in the vicinity of the project area. Section 4 . That the State of Georgia, acting by and through its State Properties Commission, with a recommendation of the Board of Natural Resources, may grant to Georgia Power Company, its successors and assigns, a nonexclusive easement across real property which is in custody of the Department of Natural Resources now owned or leased or subsequently acquired or leased for the purpose of developing the park for the construction, operation, and maintenance of electrical power lines in, on, over, under, upon, across, or through the property that will comprise the park. Section 5 . That the consideration for all property disposed of under this resolution, whether by acquisition, exchange (including without limitation like-kind exchanges) or the granting of an easement, shall be the fair market value 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 6 . That all such dispositions shall be recorded by the grantee in the superior court of the appropriate county and a recorded copy shall be forwarded to the State Properties Commission. Section 7 . That the authorization in this resolution to dispose, by sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, of real property now owned or subsequently acquired shall expire three years after the date that this resolution becomes effective. Section 8 . That the Department of Natural Resources and the State Properties Commission are authorized and empowered to do all acts and things necessary and proper to effect the disposition of said property. Section 9 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 921

Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1994. WALTER KELLY, JR., BRIDGE AND HARDY DURHAM FAULK, SR., MEMORIAL BRIDGEDESIGNATED. No. 74 (Senate Resolution No. 522). A RESOLUTION Designating the Walter Kelly, Jr., Bridge and designating the Hardy Durham Faulk, Sr., Memorial Bridge; and for other purposes. Part I WHEREAS, Walter Kelly, Jr., has been widely known and highly regarded by the citizens of Cobb County as a leading contributor to the development and improvement of Cobb County; and WHEREAS, Mr. Kelly served with distinction as a past president of the Cobb County Chamber of Commerce and as chairman of the Cobb County Development Authority; and WHEREAS, he is an active volunteer on behalf of the Boys' and Girls' Clubs of Cobb County, the Salvation Army, and numerous other humanitarian and charitable organizations; and WHEREAS, he has been an influential and tireless promoter of the Southern College of Technology; and WHEREAS, the citizens of Cobb County have reaped countless benefits as the result of his wisdom, vision, integrity, and dedicated efforts; and

Page 922

WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designation of a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Interstate 75 on State Highway 120 in Cobb County, Georgia, be designated the Walter Kelly, Jr., Bridge. Part II WHEREAS, Mr. Hardy Durham Faulk, Sr., a civic leader, farmer, and merchant in Twiggs County contributed so much to his community during his eventful life; and WHEREAS, he was a security representative with Great Southern Paper Company, formerly Great Northern Paper Company and, prior to that, Southern Land and Timber Company; and WHEREAS, Mr. Faulk was a charter member of the Richland Restoration League and Twiggs County Development Corporation; and WHEREAS, he was a Democrat and Colonel aide-decamp on the staff of Governor Ernest Vandiver; and WHEREAS, his love for his community was second only to his love for his lovely wife, Eulilla Blanche Baker, and his son, Hardy Durham Faulk, Jr.; and WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of his community and state be appropriately recognized by the designation of a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Savage Creek that flows under State Route 87 and U.S. Highway 23 in Twiggs County is designated as the Hardy Durham Faulk, Sr., Memorial Bridge.

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Part III BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Walter Kelly, Jr., Bridge and the Hardy Durham Faulk, Sr., Memorial Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mr. Walter Kelly, Jr., and the family of Mr. Hardy Durham Faulk, Sr. Approved April 5, 1994. STATE PROPERTYCONVEYANCE TO GEORGIA BUILDING AUTHORITY (HOSPITAL). No. 75 (Senate Resolution No. 547). A RESOLUTION Authorizing the State Properties Commission to convey to the Georgia Building Authority (Hospital) whatever real property interests the State of Georgia has in that certain real property known as Central State Hospital Water Treatment Facility, located in the City of Milledgeville, Baldwin County; to authorize the State Properties Commission to convey to the Georgia Building Authority (Hospital) whatever real property interests the State of Georgia has in the easements appurtenant to the Central State Water Treatment Plant Facility; to confirm that title to the said real property is in the Georgia Building Authority (Hospital); to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, by deed dated January 23, 1967, and subsequently by a corrective deed dated February 2, 1972, the State of Georgia conveyed certain property to the Georgia Building Authority (Hospital) for the purpose of constructing thereon a water treatment plant in connection with Central State Hospital; and

Page 924

WHEREAS, neither of the aforementioned deeds explicitly conveyed to the Georgia Building Authority (Hospital) the easements appurtenant to Central State Hospital Water Treatment Plant; and WHEREAS, the real property conveyed under the aforementioned deeds contains various improvements the title of which should be in the Georgia Building Authority (Hospital). NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia, acting by and through its State Properties Commission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests, including but not limited to all improvements, fixtures, buildings, structures, plants, trees, and shrubbery, that the State of Georgia may now have in that certain real property known as Central State Hospital Water Treatment Facility located in the City of Milledgeville, Baldwin County. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, may convey, by quit claim deed, to the Georgia Building Authority (Hospital) whatever real property interests that the State of Georgia may now have in the easements appurtenant to the Central State Hospital Water Treatment Facility. Section 3 . That the above-referenced conveyances are being made for the sole purpose of confirming that title to said real property and appurtenant easements are in the Georgia Building Authority (Hospital). Section 4 . That all such conveyances shall be recorded by the grantee in the superior court of the appropriate county and a recorded copy shall be forwarded to the State Properties Commission. Section 5 . That the Department of Human Resources and the State Properties Commission are authorized and

Page 925

empowered to do all acts and things necessary and proper to effect the disposition of said property. 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 5, 1994. ROBERT LEE PATTEN II PROBATION DETENTION CENTERDESIGNATED. No. 76 (Senate Resolution No. 561). A RESOLUTION Designating the Robert Lee Patten II Probation Detention Center; and for other purposes. WHEREAS, Honorable Robert Lee Patten II has served as a member of the House of Representatives continuously since 1973, and he currently provides considerable leadership as the chairman of the House Committee on Natural Resources and as co-chairman of the Solid Waste Study Committee; and WHEREAS, during his legislative service he has served as the secretary to the University System Committee and as chairman of the Natural Resources Subcommittee on Gas, Oil, Geology, and Minerals and he has been a longstanding member of the Appropriations Committee and Governmental Affairs Committee; and WHEREAS, he has maintained the tradition begun by his grandfather and followed by his father of serving in the House of Representatives and his diligence and dedication bring honor and credit to his family; and

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WHEREAS, his grandfather, Robert L. Patten, was Lanier County's first Representative after the county was created in 1920; his father, Lawson Patten, served three terms as a Representative of Lanier County and one term as Senator; and WHEREAS, Robert Lee Patten II served in the Army Air Corps during World War II and served as mayor pro tempore of Lakeland, Georgia; and WHEREAS, he is a Patten Seed Company stockholder and director; and WHEREAS, he serves also as a Director of the Farmers and Merchants Bank in Lakeland, Georgia, as did his father and grandfather; and WHEREAS, he is married to Roselyn Carter Patten; has two children, Lawson and Paula; and two sisters, Betty Swindle and Nell Roquemore; and WHEREAS, in light of his distinguished public and community service, it is fitting and proper that the State of Georgia recognize Robert Lee Patten II in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Lanier County Probation Detention Center be named the Robert Lee Patten II Probation Detention Center. BE IT FURTHER RESOLVED that the Department of Corrections is authorized and directed to place and maintain appropriate markers designating the Robert Lee Patten II Probation Detention Center. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of corrections and to Honorable Robert Lee Patten II. Approved April 5, 1994.

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REVENUEAD VALOREM TAXATION; EXEMPTION FOR BLUEBERRY PLANTS; REFERENDUM. Code Section 48-5-41 Amended. No. 1108 (House Bill No. 664). AN ACT To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this state; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by adding immediately following paragraph (10) of subsection (a) thereof a new paragraph to read as follows: (10.1) Blueberry plants growing in this state;. Section 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of and in conjunction with the November, 1994, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act be approved which grants an exemption from ad valorem taxation on blueberry plants growing in this state in order to encourage economic development and consumer availability of blueberry products?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1995, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void. Section 3 . Except as otherwise provided in Section 2 of this Act, 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 6, 1994. REVENUEGEORGIA BUSINESS EXPANSION SUPPORT ACT OF 1994; JOB TAX CREDITS IN LESS DEVELOPED AREAS; MANUFACTURER'S INVESTMENT TAX CREDITS; INCOME TAX CREDITS FOR EMPLOYEE RETRAINING OR CHILD CARE; SALES AND USE TAX EXEMPTIONS FOR ELECTRICITY, MANUFACTURING MACHINERY, AND PRIMARY MATERIAL HANDLING EQUIPMENT. Code Sections 48-7-40, 48-7-40.1, 48-8-2, 48-8-3, and 36-62-5.1 Amended. Code Sections 48-7-40.2 through 48-7-40.6 Enacted. No. 1109 (House Bill No. 1527). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the Georgia Business Expansion Support Act of 1994; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas;

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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 change certain provisions regarding job tax credits in certain less developed areas comprised of certain contiguous census tracts; to create manufacturer's investment tax credits for certain investments in real and personal property used in a manufacturing facility; to provide for definitions; to provide for certain qualifications and restrictions in connection with the credits; to provide a credit against income taxes otherwise due to certain employers who provide certain retraining to certain employees; to provide a credit against income taxes otherwise due to certain employers who provide or sponsor the provision of child care for employees; to provide an exemption from sales and use taxation for certain sales of electricity; to provide for additional exemptions from sales and use taxation for sales of certain manufacturing machinery and delete certain procedural requirements and limitations; to provide for an exemption from sales and use taxation for sales of primary material handling equipment under certain circumstances; to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to provide for an additional job tax credit; to provide for conditions and limitations; to provide for other matters relative 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 . This Act shall be known and may be cited as the Georgia Business Expansion Support Act of 1994. Section 2 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-40, relating to tax credits in counties

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designated as less developed areas, and inserting in its place a new Code Section 48-7-40 to read as follows: 48-7-40. (a) As used in this Code section, the term `business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, tourism, and research and development industries. Such term shall not include retail businesses. (b) (1) 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 all 159 counties in this state using a combination of the following factors: (A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available; and (D) Average weekly manufacturing wage according to the most recent data available. (2) Counties ranked and designated as the first through fifty-third least developed counties shall be classified as tier 1, counties ranked and designated as the fifty-fourth through one hundred sixth least developed counties shall be classified as tier 2, and counties ranked and designated as the one hundred seventh through one hundred fifty-ninth least developed counties shall be classified as tier 3. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for

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in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier. (e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,500.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 50 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall

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not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new fulltime jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties designated as tier 1 counties prior to January 1, 1994, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jobs created from January 1, 1993, through December 31, 1997.

Page 933

(j) Notwithstanding any provision of this chapter to the contrary, any business enterprise in the fifty-fourth to eightieth least developed counties eligible for a tax credit pursuant to this Code section as applicable to tax years beginning on or after January 1, 1993, shall have the option of electing such tax credit in taxable year 1994 in lieu of the tax credit otherwise available pursuant to this Code section. The board of community affairs shall promulgate regulations necessary for the implementation of this subsection. This subsection shall be repealed in its entirety effective January 1, 1995. Section 3 . Said title is further amended by striking subsections (c) and (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in their place new subsections (c) and (e), respectively, to read as follows: (c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) 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; or (2) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buyouts, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area.

Page 934

(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 $2,500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 30 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. Section 4 . Said title is further amended by adding new Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, and 48-7-40.6, immediately following Code Section 48-7-40.1, to read as follows: 48-7-40.2. (a) As used in this Code section, the term: (1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion

Page 935

of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (3) `Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. (4) `Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. (5) `Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into finished products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment. (6) `Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person which has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be

Page 936

allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $1 million is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years;

Page 937

(F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remain in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $1 million; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and

Page 938

(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.3. (a) As used in this Code section, the term: (1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (3) `Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.

Page 939

(4) `Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. (5) `Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment. (6) `Recycling manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person which has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:

Page 940

(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $3 million is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not

Page 941

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. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $3 million; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purposes of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.4 (a) As used in this Code section, the term:

Page 942

(1) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (2) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (3) `Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. (4) `Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. (5) `Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture recovered materials into products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power generation and pollution control machinery and equipment. (6) `Recycling manufacturing facility' means any facility, including land, improvements to land, buildings,

Page 943

building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person which has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax yer in which the qualified investment property having an aggregate cost in excess of $5 million is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the project;

Page 944

(B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project

Page 945

includes the acquisition of qualified investment property having an aggregate cost in excess of $5 million; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.5. (a) As used in this Code section, the term: (1) `Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and

Page 946

(C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) `Cost of retraining' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) `Employee' means any employee resident in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) `Employer' means any employer upon whom an income tax is imposed by this chapter. (5) `Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) `Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-fourth of the costs of retraining per full-time equivalent student, or $500.00 per full-time equivalent student, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount

Page 947

of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study. 48-7-40.6. (a) As used in this Code section, the term: (1) `Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities. (2) `Employer' means any employer upon whom an income tax is imposed by this chapter.

Page 948

(3) `Employer provided' refers to child care offered on the premises of the employer, provided that the facility is in Georgia. (4) `Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation to the employer less any amounts paid for by employees during a taxable year. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this credit program. Section 4A . Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 48-8-2, relating to definitions regarding the state sales and use tax, and inserting in its place a new subparagraph (B) to read as follows: (B) (i) Except as otherwise provided in division (ii) of this subparagraph, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale.

Page 949

(ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state on or before January 1, 1995, as follows: (I) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; (II) For taxable years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; (III) For taxable years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For taxable years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and (V) For taxable years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt. Such exemption shall be applied to manufacturers who locate in this state after January 1, 1995, as follows: for taxable years beginning on or after January 1 of the taxable year immediately following the taxable year in which such manufacturer locates in this state, 20 percent of the direct cost of such electricity shall be exempt; and for each ensuing taxable year, such exemption amount shall increase by 20 percent effective on January 1 of the taxable year so that by the fourth such ensuing taxable

Page 950

year 100 percent of the direct cost of such electricity shall be exempt. Section 5 . Said title is further amended by striking paragraph (34) of Code Section 48-8-3, relating to exemptions from sales and use taxation, and inserting in its place a new paragraph (34) to read as follows: (34) The sale of the following types of manufacturing machinery: (A) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state; (B) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated for the first time into a new manufacturing plant located in this state; (C) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery for any of the purposes specified in subparagraphs (A), (B), and (C) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph;.

Page 951

Section 6 . Said title is further amended by adding a new paragraph immediately following paragraph (34) of Code Section 48-8-3, relating to exemptions from sales and use taxation, to be designated paragraph (34.1), to read as follows: (34.1) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility worth $10 million or more;. Section 7 . Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows: (e) A business located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for the greatest dollar amount of job tax credits of any of the participating counties, regardless of the county in which the business is physically located. An additional $500.00 tax credit for each new full-time employee position created is available for businesses engaged in manufacturing, warehousing, distributing, wholesaling, processing, research and development, or any other project pursuant to paragraph (6) of Code Section 36-62-2 and located within the jurisdiction of the joint authority or for any business engaged in any such activity or activities the corporate headquarters of which is located within the jurisdiction of the joint authority. The $500.00 job tax credit authorized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended. Section 8 . This Act shall become effective upon July 1, 1994, and Sections 1, 2, 3, 4, and 7 of this Act shall be applicable to all taxable years beginning on or after January 1, 1994. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1994.

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METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEEEXTENSION OF REPEAL DATE. No. 77 (House Resolution No. 215). A RESOLUTION To amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved April 4, 1990 (Ga. L. 1990, p. 956), so as to change the provisions providing for the repeal of that resolution; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved April 4, 1990 (Ga. L. 1990, p. 956), is amended by striking Section 3A thereof and inserting in its place a new section to read as follows: Section 3A. Unless extended by joint resolution of the General Assembly, this resolution shall stand repealed on July 1, 1998. Section 2 . This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 8, 1994.

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ADDICTION COUNSELORSEXEMPTION FROM LICENSURE. Code Title 43, Chapter 10A Amended. No. 1110 (House Bill No. 1330). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain addiction counselors; to provide that the exemption shall apply to addiction counselors who are certified by certain private associations; to provide for the authorized scope of practice of exempted addiction counselors; to provide that the exemption shall apply to persons providing services under the supervision of certified addiction counselors; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to licensure by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, is amended by striking Code Section 43-10A-7, relating to licensure requirements and exemptions from licensure, and inserting in its place a new Code section to read as follows: 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

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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 pursuant to those contracts and shall only be exempt until January 1, 1996. (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

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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; (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; (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;

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(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 Division of Family and Children Services of the Department of Human Resources but only when engaged in such practice as an employee of that division; (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; (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 paragraphs (5) and (15) of Code Section 43-10A-3, such supervision shall be provided by a social worker who, as

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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; and (15) Addiction counselors who have met the certification requirements of the Georgia Addiction Counselors' Association or any other similar private association of addiction counselors which association includes among its certification requirements the following: (A) Attainment of a high school diploma or a general educational development (GED) equivalency diploma; (B) Completion of at least 4,000 hours of fulltime paid experience under direction provided by a person acceptable to the association in the practice of chemical dependency and abuse counseling; (C) Completion of at least 180 hours of education in the field of addiction and addiction counseling or treatment; and (D) Completion of at least 220 hours of supervision provided by a supervisor who meets the qualifications established by the association and which teaches chemical dependency and abuse counseling. Services which may be provided under this paragraph shall be limited to those practices sanctioned by the certifying association and shall in any event be limited to the provision of chemical dependency treatment in the following settings: screening; intake; orientation; assessment for addiction diseases; treatment planning; individual, family, and group addiction counseling; case management; crisis intervention; client education; referral, reporting, and record keeping; and consultation with other professionals in regard to client treatment and services. Persons exempt under this paragraph shall not use any title indicating or implying that they are licensed under this chapter.

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(c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), (14), or (15) 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 persons shall not use any titles indicating or implying that they are licensed under 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 8, 1994.

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HEALTHPRIVATE HOME CARE PROVIDERS; LICENSING. Code Title 31, Chapter 7, Article 13 Enacted. No. 1111 (House Bill No. 1332). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and provide for license applications, conditions, and actions relating to such licenses; to provide for standards for and inspections of private home care providers; to provide for rules and regulations; to provide for fees; to provide for exemptions and exceptions; to provide for penalties; to provide for certificates of need; to prevent such licenses from having certain effects; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, is amended by adding at the end thereof a new article to read as follows: ARTICLE 13 31-7-300. As used in this article, the term: (1) `Companion or sitter tasks' means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and safety. These tasks do not include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.

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(2) `Department' means the Department of Human Resources. (3) `Personal care tasks' means assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating; and may include but are not limited to proper nutrition, home management, housekeeping tasks, ambulation and transfer, and medically related activities, including the taking of vital signs only in conjunction with the above tasks. (4) `Private home care provider' means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through: (A) Its own employees or agents; (B) Contractual arrangements with independent contractors; or (C) Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those services by those other persons who would deliver those services. (5) `Private home care services' means those items and services provided at a patient's residence that involve direct care to that patient and includes, without limitation, any or all of the following: (A) Nursing services, provided that such services can only be provided by a person licensed under Chapter 26 of Title 43; (B) Personal care tasks; and (C) Companion or sitter tasks.

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Private home care services shall not include physical, speech, or occupational therapy; medical nutrition therapy; medical social services; or home health aide services provided by a home health agency. (6) `Residence' means the place where an individual makes that person's permanent or temporary home, whether that person's own apartment or house, a friend or relative's home, or a personal care home, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter. 31-7-301. Except as otherwise provided in this article, on and after the date this article becomes effective for all purposes, no person, business entity, corporation, or association, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable. 31-7-302. The department is authorized to promulgate rules and regulations to implement this article. The department is authorized to issue, deny, suspend, or revoke licenses or take other disciplinary actions against licensees as provided in Code Section 31-2-6. 31-7-303. Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized and approved by the department. A provider seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certification or accreditation report. 31-7-304. The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Human Resources. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the

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total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department. 31-7-305. This article shall not apply to private home care services which are provided under the following conditions: (1) When those services are provided directly by an individual, either with or without compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has ownership or financial interest in the delivery of those services by others who would deliver those services; (2) When those services are home infusion therapy services and the intermittent skilled nursing care is provided only as an integral part of the delivery and infusion of pharmaceuticals, but such skilled nursing care, whether hourly or intermittent, which provides care licensed by this Act beyond the basic delivery and infusion of pharmaceuticals is not exempt; (3) When those services are provided through the temporary placement of professionals and paraprofessionals to perform those services in places other than a person's residence; (4) When those services are provided by home health agencies which are licensed under Article 7 of this chapter; (5) When those services are provided in a personal care home by the staff of the personal care home; and (6) When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacy. 31-7-306. A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to the date this article becomes effective for all purposes, but which has not been granted such license within 180 days after rules implementing this article have become effective shall be authorized to continue to operate

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without such license until 90 days after the application for license has been denied. 31-7-307. (a) A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such operation does not also constitute such person, entity, or organization operating as a home health agency or personal care home under this chapter. (b) A license issued under this article shall not entitle the licensee to operate as a home health agency, as defined in Code Section 31-7-150, under medicare or Medicaid guidelines. Section 2 . Only for purposes of establishing rules and regulations and issuing licenses pursuant to the article enacted by this Act, this Act shall become effective on July 1 of the fiscal year for which funds necessary to carry out its purposes are specifically appropriated by the General Assembly. For all other purposes this Act shall become effective on the three hundred sixty-sixth day following the date any provision of this Act first becomes effective pursuant to the first sentence of this section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. CRIMINAL PROCEDUREFORFEITURE OF WEAPONS ILLEGALLY POSSESSED OR CARRIED; DISPOSITION; PROCEEDS OF SALE IF USED IN CRIME WITHIN CITY. Code Sections 17-5-51 and 17-5-52 Amended. No. 1114 (House Bill No. 1337). AN ACT To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, so as to provide that

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any weapon the possession or carrying of which constitutes a crime or delinquent act shall be subject to forfeiture; to provide for the use, sale, or destruction of weapons used in the commission of crimes or delinquent acts involving the unlawful possession or carrying of a weapon; to change the provisions relating to the disposition of proceeds from the sale of weapons used in the commission of crimes; 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 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, is amended by striking in its entirety Code Section 17-5-51, relating to the forfeiture of weapons used in commission of crime or illegally concealed generally, and inserting in lieu thereof a new Code Section 17-5-51 to read as follows: 17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages. Section 2 . Said article is further amended by striking in its entirety Code Section 17-5-52, relating to the sale or destruction of weapons used in the commission of crimes generally, and inserting in lieu thereof a new Code Section 17-5-52 to read as follows: 17-5-52. (a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission

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of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the device to the sheriff of the county wherein the device was confiscated when the device is no longer needed for evidentiary purposes. Within 90 days after receiving the device, the sheriff shall retain the device for use in law enforcement, destroy the same, or advertise it for sale in such manner as other sheriff's sales are advertised and shall sell the device to the highest bidder at the next sheriff's sale conducted after the completion of the advertisements, provided that, if the device used as a weapon in the crime is not the property of the defendant, there shall be no forfeiture of such weapon. (b) The proceeds derived from all sales of such devices, after deducting the costs of the advertising and the sale, shall be turned in to the treasury of the county wherein the sale is made; provided, however, that if the device was used in the commission of a crime within a municipal corporation, the proceeds derived from the sale of the device, after deducting the costs of the advertising and the sale, shall be turned in to the treasury of the municipality wherein the crime was committed. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. REVENUEAD VALOREM TAXES; EXEMPTION FOR HEADQUARTERS OF VETERANS ORGANIZATION; REFERENDUM. Code Section 48-5-41 Amended. No. 1115 (House Bill No. 1297). AN ACT To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem

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taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veterans organizations; to define veterans organizations; to provide for a state-wide referendum; 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 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, is amended by striking the word and from the end of subparagraph (a)(12)(B), by striking the period from the end of subparagraph (a)(13)(B) and substituting in lieu thereof the symbol and word ; and, and by adding a new paragraph (14) at the end of subsection (a) of said Code section to read as follows: (14) Property which is owned by and used exclusively as the headquarters, post home, or similar facility of a veterans organization. As used in this paragraph, the term `veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual. Section 2 . The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the July, 1994, general primary. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

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() YES () NO Shall the Act providing for the exemption from ad valorem taxes of property owned and used exclusively as the headquarters, post home, or similar facility by federally tax exempt veterans organizations chartered by the Congress of the United States, provided that any such organization is a post or organization of which 75 percent of its members are past or present members of the armed forces of the United States and no part of the net earnings of which inures to the benefit of any private shareholder or individual be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1995, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. SOCIAL SERVICESACCESS TO RECORDS REGARDING CHILDREN BEING CONSIDERED FOR FOSTER CARE PLACEMENT. Code Section 49-5-41 Amended. No. 1116 (House Bill No. 1322). AN ACT To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation

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records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care placement; 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 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, is amended by striking subsection (a) of Code Section 49-5-41, relating to persons and agencies given access to records concerning reports of child abuse, in its entirety and inserting in lieu thereof the following: (a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse: (1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse or treating a child or family which is the subject of a report or record; (2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence; (3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business;

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(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty; (5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report; (6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child when such person specifies the identity of the child, but such access shall be limited to a disclosure regarding whether there is such an ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed; (7) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record; (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 legal responsibilities to protect

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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); and (9) 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). Section 2 . Said article is further amended by adding at the end of Code Section 49-5-41, relating to persons and agencies permitted access to such records, a new subsection (d) to read as follows: (d) Notwithstanding any other provision of law, any child-caring agency, child-placing agency, or identified foster parent shall have reasonable access to nonidentifying information from the placement or child protective services record compiled by any state department or agency having custody of a child with respect to any child who has been placed in the care or custody of such agency or foster parent or for whom foster care is being sought, excluding all documents obtained from outside sources which cannot be redisclosed under state or federal law. A department or agency shall respond to a request for access to a child's record within 14 days of receipt of such written request. Any child-caring agency, child-placing agency, or identified foster parent who is granted access to a child's record shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized

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access to or use of such records. Such record shall include reports of abuse of such child and the social history of the child and the child's family, the medical history of such child, including psychological or psychiatric evaluations, or educational records as allowed by state or federal law and any plan of care or placement plan developed by the department, provided that no identifying information is disclosed regarding such child. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. PROFESSIONS AND BUSINESSESDIETETICS PRACTICE ACT. Code Title 43, Chapter 11A Amended. No. 1117 (Senate Bill No. 20). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the Dietetics Practice Act; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners and the qualifications and compensation of members thereof; to provide for the appointment and removal of board members and for vacancies on the board; to provide for election of officers and meetings of the board; to provide for the powers and responsibilities to the board; to provide for licenses; to provide for provisional licenses; to provide for oaths; to provide for notification to applicants; to provide for examinations; to provide procedures for the display of licenses; to prohibit certain conduct and provide penalties therefor; to provide for the enforcement powers of the board; to provide for requirements for licenses; to provide that proceedings shall be governed by

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Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide for certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 11A of said title, which reads as follows: CHAPTER 11A 43-11A-1. This chapter shall be known and may be cited as the `Dietitians Licensing Law.' 43-11A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who use certain titles relating to professional dietetic counseling be regulated to ensure the protection of the health, safety, and welfare of the people of this state. 43-11A-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 announcement on radio or announcement or display on television. (2) `Applicant' means any person seeking a license under this chapter. (3) `Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter. (4) `Dietetic counseling' means those services provided by a health care professional who has definite and specialized knowledge and training in the nutritional care of individuals throughout the life cycle and who has

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responsibility for design and management of nutritional care delivery systems in various settings. (4.1) `Dietetic practice' means the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences to achieve and maintain the health of people. (5) `Graduate semester hour' means a semester hour or the quarter hour equivalent as defined by regional accrediting educational associations. (6) `Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board. (7) `Licensed dietitian' means a person who represents himself by title or description of services as a licensed dietitian and who renders dietetic counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for compensation and who holds a valid license under this chapter. 43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows: (1) One member shall be an educator in the field of dietetic counseling; (2) Three members shall be dietetic counselors; and (3) Three members shall represent the public at large. (b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 1985. The Governor shall appoint three initial members of the board to serve for terms of two years and four initial members of the board to serve for

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terms of four years. After the initial terms specified in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall take the constitutional oath of office. 43-11A-5. (a) Professional members of the board shall: (1) Be citizens of the United States and residents of this state; (2) Have engaged in the field of dietetic counseling for compensation for at least 2,000 hours; and (3) Be licensed under this chapter, except that initial appointees shall be licensed under this chapter no later than July 1, 1986. (b) Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with the profession of dietetic counseling. (c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter.

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43-11A-6. (a) Within 30 days of making appointments to the board, the Governor shall call the first meeting. The board shall elect a chairman and a vice-chairman who shall hold office according to the rules adopted by the board. (b) The board shall hold at least two regular meetings each year as provided by rules adopted by the board. 43-11A-7. The board shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that: (A) Restricts a licensee's use of any medium for advertising; (B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement; (C) Relates to the size or duration of an advertisement by a licensee; or (D) Restricts a licensee's advertisement under a trade name; (3) Adopt and publish a code of ethics; (4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of dietetic counselor applicants and licensees under this chapter and conduct hearings in connection with these actions;

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(5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations; (6) Establish examination and licensing fees; (7) Request and receive the assistance of state educational institutions or other state agencies; (8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (9) Establish continuing education requirements. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either: (1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the board that the applicant is registered by the Commission on Dietetic Registration of the American Dietetic Association or its predecessor or successor organization. 43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board;

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(3) Has submitted any fees required by the board; (4) Has: (A) A baccalaureate degree from a regionally accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institutional management followed by an internship or equivalent supervised experience approved by the board and approved or accredited by the American Dietetic Association or its successor organization; (B) A baccalaureate degree from an American Dietetic Association approved or accredited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences; (C) A master's degree from a regionally accredited college or university in nutrition, dietetics, food systems, or institutional management in conjunction with six months' participation in an approved program of professionally supervised dietetic counseling or such other equivalent qualifying experience as the board by rule or regulation may establish; (D) A master's degree from a regionally accredited college or university with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule or regulation; a professional school lunch certificate issued by the Georgia Department of Education; and has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; or (E) A doctoral degree from a regionally accredited college or university in nutrition, dietetics, or biochemistry with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require

Page 978

by rule and regulation; has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle; (5) Has successfully passed an examination as required by Code Section 43-11A-13; and (6) Has met such other requirements as may be prescribed by the board. 43-11A-10. Reserved. 43-11A-11. The board may require that all applications be made under oath. 43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board. (b) The board shall notify each examinee of the results of the examination. 43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.

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(b) The licensee shall display the license certificate in an appropriate and public manner. (c) The licensee shall inform the board of any change of his address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this chapter is responsible for renewing his license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; 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; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, upon a finding by a majority of the entire board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board

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that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; 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 Code section, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

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(5) Had his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license 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 a business or profession licensed under this title, 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 the licensed business or profession 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 business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining board to practice a business or profession licensed under this title 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 state examining board regulating the business or profession licensed under this title, the United 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 a business

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or profession licensed under this title, 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 license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-11A-16. (a) After December 31, 1986, it shall be unlawful for any person who is not licensed under this chapter to use the title of licensed dietitian or the letters `LD' in any words, letters, abbreviations, or insignia or to indicate or imply orally or in writing or in any way that the person is a licensed dietitian. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-11A-19. The requirements of this chapter shall not apply to: (1) The activities and services of a nonresident rendered not more than 30 days during any year if the person

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is authorized to perform the activities and services under the law of the state or country of his residence; or (2) The activities and services of licensed members of other professions, such as physicians and registered nurses., in its entirety and inserting in lieu thereof a new Chapter 11A to read as follows: CHAPTER 11A 43-11A-1. This chapter shall be known and may be cited as the `Dietetics Practice Act.' 43-11A-2. The General Assembly acknowledges that the application of scientific knowledge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, private practice and consultation, and in other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice. 43-11A-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 announcement on radio or announcement or display on television. (2) `Applicant' means any person seeking a license under this chapter. (3) `Board' means the Georgia Board of Examiners of Licensed Dietitians established by this chapter.

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(4) `Dietetic practice' or `dietetics' means the integration and application for compensation of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include: (A) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition; (B) Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources; (C) Providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status; (D) Developing, implementing, and managing nutrition care delivery systems; and (E) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services. As used in this chapter, the terms `Dietetic Practice,' `Dietetics,' and `Medical Nutrition Therapy' are interchangeable. (5) `Dietitian' means a person duly licensed under this chapter to practice dietetics. As used in this chapter, the terms `dietitian' and `dietetic counselor' are interchangeable. (6) `Provisionally licensed dietitian' means a person provisionally licensed under this chapter.

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(7) `Registered dietitian' means a person registered by the Commission on Dietetic Registration of the American Dietetic Association. 43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows: (1) Six members shall be dietitians with at least one member from each of the following areas of dietetic practice: clinical dietetics; community/public health dietetics; and educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and (2) One member shall represent the public at large. (b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1994, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for a term of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1994, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall take the constitutional oath of office.

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43-11A-5. (a) Professional members of the board shall: (1) Be citizens of the United States and residents of this state; (2) Have engaged in the dietetic practice for compensation for not less than five years; and (3) Be licensed under this chapter. (b) Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with dietetic practice. (c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohibited by this chapter. 43-11A-6. The board shall meet annually and shall elect from its members a chairperson, vice chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board. 43-11A-7. (a) This board shall have the power to: (1) Enforce the provisions of this chapter, and it shall be granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare;

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(3) License duly qualified applicants by examination, endorsement, or reinstatement; (4) Implement the disciplinary process; (5) Enforce qualifications for licensure; (6) Set standards for competency of licensees continuing in or returning to practice; (7) Issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending; (8) Adopt, revise, and enforce rules regarding the advertising by licensees including, but not limited to, rules to prohibit false, misleading, or deceptive practices; (9) Adopt, publish, and enforce a code of ethics; (10) Establish examination and licensing fees; (11) Request and receive the assistance of state educational institutions or other state agencies; (12) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; (13) Establish continuing education requirements; and (14) Adopt a seal which shall be affixed only in such manner as prescribed by the board. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:

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(1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the board that the applicant is registered as a registered dietitian by the Commission on Dietetic Registration of the American Dietetic Association or its successor organization. 43-11A-9. Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements: (1) Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accrediation agency with a major course of study in dietetics, human nutrition, food and nutrition, nutrition education, or food systems management; (2) Satisfactory completion of a documented, supervised experience component in dietetic practice of not less than 900 hours supervised by a licensed dietitian or registered dietitian as prescribed by the board; (3) Successful completion of an examination as required by Code Section 43-11A-13; and (4) Completion of such other requirements as may be prescribed by the board. 43-11A-10. A provisional permit to practice as a provisionally licensed dietitian under the supervision of a dietitian may be issued by the board upon the filing of an application with appropriate fees and submission of evidence of successful completion of a substantial portion of the requirements for licensure as provided by Code Section 43-11A-9, at the discretion of the board. The permit shall be issued for

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one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license. 43-11A-11. The board may require that all applications be made under oath. 43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board. (b) The board shall notify each examinee of the results of the examination. 43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand. (b) The licensee shall display the license certificate in an appropriate and public manner. (c) The licensee shall inform the board of any change of address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board.

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(e) Each person licensed under this chapter is responsible for renewing his or her license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-11A-15. The board may refuse to grant or renew a license to an applicant; administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; 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; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter upon a finding by a majority of the entire board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that said applicant meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit

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or intentionally made any false statement in obtaining a license to practice the licensed business or profession; 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 Code section, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a

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license 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 a business or profession licensed under this title, 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 the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrust-worthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining board to practice a business or profession licensed under this title 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 state examining board regulating the business or profession licensed under this title, the United 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 a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule or regulation; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;

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(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside of this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. 43-11A-16. (a) Only a person licensed or otherwise authorized to practice under this article shall be engaged in dietetic practice or use the title `dietitian' or use the letters `LD' or any facsimile thereof or represent themselves to the public as a dietitian. (b) Notwithstanding any other provisions of this Code section, a person duly registered as a registered dietitian shall have the right to use the title `registered dietitian,' the designation `RD,' or any facsimile thereof. (c) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-11A-18. Nothing in this chapter shall be construed to affect or prevent: (1) A student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics under the supervision of a dietitian; or a dietetic technician, certified dietary manager, or dietetic aide in a health care facility from providing nutrition services

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under the supervision of or in consultation with a dietitian; (2) A dietitian who is serving in the armed forces of the United States or any other federal agency from engaging in the practice of dietetics, provided that such practice is related to service or employment; (3) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, or pharmacy from engaging in the practice of dietetics when incidental to the practice of their profession, except that such persons may not use the title `dietitian'; (4) A nonresident registered dietitian from practicing dietetics in this state for five days without a license or up to 30 days per year with licensure from another state if the requirements for licensure are substantially equal to the requirements contained in this chapter; (5) Employees of a department, agency, or division of state, county, or local government from engaging in the practice of dietetics within the discharge of official duties when such practice is directed by or in consultation with a dietitian licensed under this chapter; (6) Persons who were engaged in dietetic practice prior to July 1, 1994, but the prohibition of Code Section 43-11A-16 shall apply to such persons on and after July 1, 1995; (7) Persons who provide weight control services, provided the weight control program has been reviewed by, consultation is available from, and no program change can be initiated without the prior approval of either a dietitian licensed under this chapter, a dietitian licensed in another state which has licensure requirements which are substantially equal to the requirements contained in this chapter, or a registered [Illegible Text]; (8) Persons from marketing or distributing food, disseminating information on food, food materials,

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dietary or food supplements, or minerals or herbs, including but not limited to operators and employees of health food stores or other licensed businesses which sell such products, provided that such persons shall not engage in the oral or written explanation of the historical use, benefit, or preparation of such products which is intentionally deceptive or fraudulent, and such persons shall not furnish specific nutrition information related to such products which is deceptive or fraudulent. Persons included in this paragraph shall not use the title `dietitian' and shall not designate themselves by any other term or title which implies that such persons are licensed under this chapter; (9) The practice of the tenets of any religion, sect, or denomination whatsoever, provided that a member of such religion, sect, or denomination shall not use the title `dietitian' and shall not designate himself or herself by any other term or title which implies that such member is engaged in dietetic practice; or (10) Persons with a master's or doctorate degree from any regionally accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, food systems management, or nutrition education, or persons with a doctorate degree from a regionally accredited college or university with a major course of study in nutritional biochemistry, provided that such persons shall not use the title `dietitian.' 43-11A-19. A person who does not meet the requirements for licensure under this chapter but who has been employed as a nutritionist under the state or a county merit system for at least five years prior to July 1, 1993, and who makes application for licensure as a dietitian prior to July 1, 1995, may be granted a license as a dietitian if he or she pays the required fee and complies with the continuing education requirements established by the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994.

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OPTOMETRISTSLIMITATION ON USE OF NONDIAGNOSTIC LASERS. Code Section 43-30-1 Amended. No. 1118 (Senate Bill No. 199). AN ACT To amend Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, so as to limit the use of nondiagnostic lasers; to provide for the use of certain pharmaceutical agents by doctors of optometry; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to definitions affecting the regulation of the profession of optometry, is amended by striking in its entirety paragraph (2) thereof and inserting in its place a new paragraph (2) to read as follows: (2) (A) `Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than surgery. Optometrists are prohibited from using nondiagnostic lasers. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents for diagnostic purposes and treatment of ocular disease in the practice of optometry by

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optometrists who have received pharmacological training and certification from a properly accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who: (i) Is already certified for using pharmaceutical agents for diagnostic purposes; (ii) Has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases; (iii) Is certified in coronary pulmonary resuscitation (CPR); and (iv) Maintains at least $1 million in malpractice insurance coverage shall be certified to use pharmaceutical agents for treatment purposes. (B) The board shall establish by rule a list, which may be modified from time to time, of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. (C) A doctor of optometry shall not administer any pharmaceutical agent by injection. (D) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered orally may only be: (i) Schedule III or Schedule IV controlled substances which are oral analgesics; (ii) Used for ocular pain; and (iii) Used for no more than 72 hours without consultation with the patient's physician.

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(E) Pharmaceutical agents which are used by a doctor of optometry for treatment purposes and administered topically shall be subject to the following conditions only when used for the treatment of glaucoma: (i) If the pharmaceutical agent is a beta blocker, an optometrist certified to use pharmaceutical agents for treatment purposes must take a complete case history and determine whether the patient has had a physical examination within the past year. If the patient has not had such a physical examination or if the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or chronic obstructive pulmonary disease, that patient must be referred to a person licensed under Chapter 34 of this title for examination prior to initiating beta blocker therapy; (ii) If the glaucoma patient does not respond to the topically administered pharmaceutical agents after 60 days of treatment, that patient must be referred to an ophthalmologist; and (iii) If the patient is diagnosed as having closed angle glaucoma, the patient shall be immediately referred to an ophthalmologist. (F) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (G) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law. (H) Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. DOGS AND CATSSALE; STERILIZATION. Code Title 4, Chapter 14 Enacted. No. 1119 (House Bill No. 1181). AN ACT To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats sold or otherwise exchanged by a public or private animal shelter, an animal control agency operated by a political subdivision of this state, a humane society, or a public or private animal refuge shall be sterilized; to provide for procedures; to provide for exceptions; 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 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 14 to read as follows: CHAPTER 14 4-14-1. The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivisions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and, ultimately, are impounded and destroyed at great public

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expense. It is therefore declared to be the public policy of this state that preventing the breeding of dogs and cats acquired from such shelters, animal control agencies, humane societies, or public or private animal refuges be encouraged. 4-14-2. As used in this chapter, the term: (1) `Animal shelter' means any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. (2) `Humane society' means any unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals. (3) `Public or private animal refuge' means harborers of unwanted animals of any breed, including cross-breeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats. (4) `Sexually mature animal' means any dog or cat that has reached the age of 180 days or six months or more. (5) `Sterilization' means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. 4-14-3. (a) Any public or private animal shelter, animal control agency operated by a political subdivision of this

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state, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by: (1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or (2) Entering into a written agreement with the person acquiring such animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal; provided, however, that the requirements of this Code section shall not apply to any privately owned animal which any such shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person. (b) All costs of sterilization pursuant to this Code section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal. (c) Any person acquiring an animal from a public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the sterilization required by paragraph (2) of subsection (a) of this Code section within seven days after such sterilization attesting that such sterilization has been performed. (d) Every public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain

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and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures. 4-14-4. It shall be a misdemeanor to fail or refuse to comply with the requirements of Code Section 4-14-3 and any person convicted of said misdemeanor shall be subject to a fine not to exceed $200.00. 4-14-5. This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. RECREATIONAL BINGOREDEFINED. Code Sections 16-12-51 and 16-12-52 Amended. No. 1120 (House Bill No. 1183). AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organizations who are licensed to operate bingo games to operate recreational games; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against the public health and morals, is amended by striking Code Section 16-12-51, relating to definitions relative to bingo, in its entirety and inserting in lieu thereof the following: 16-12-51. As used in this part, the term: (1) `Bingo game' or `nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. Such words, terms, or phrases, as used in this subsection, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity. (2) `Bingo session' means a time period during which bingo games are played. (3) `Director' means the director of the Georgia Bureau of Investigation. (4) `Operate,' `operated,' or `operating' means the direction, supervision, management, operation, control, or guidance of activity. (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 noncash prize awarded in recreational bingo shall be exchanged or redeemed for money or for

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any other prize with a value in excess of the amount established pursuant to regulations established by the director. Recreational bingo shall also include a bingo session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are residents of nursing homes, retirement homes, senior centers, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed 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 2 . Said chapter is further amended by striking Code Section 16-12-52, relating to the license required to operate bingo games, in its entirety and inserting in lieu thereof the following: 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.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. MOTOR VEHICLESPICKUP TRUCKS; SEATBELTS FOR MINORS. Code Section 40-8-76.1 Amended. No. 1121 (House Bill No. 1486). 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 minors in pickup trucks shall be required to use seatbelts; 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 subsection (a) in its entirety and inserting in lieu thereof the following: (a) As used in this Code section, the term `passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term `passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994.

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DOWNTOWN DEVELOPMENT AUTHORITIESDIRECTORS; TERMS. Code Section 36-42-4 Amended. No. 1122 (House Bill No. 1179). AN ACT To amend Code Section 36-42-4 of the Official Code of Georgia Annotated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-42-4 of the Official Code of Georgia Annotated, relating to Downtown Development Authority directors, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 36-42-4. There is created in and for each municipal corporation in this state a public body corporate and politic to be known as the downtown development authority of such municipal corporation, which shall consist of a board of seven directors. The governing body of the municipal corporation shall appoint two members of the first board of directors for a term of two years each, two for a term of four years each, and three for a term of six years each. The governing body of the municipal corporation may appoint one of its elected members as a member of the downtown development authority. After expiration of the initial terms, except for the director who is also a member of the governing body of the municipal corporation, the terms of all directors shall be six years; provided, however, that the terms shall be four years for those directors appointed or reappointed on or after July 1, 1994. The term of a director who is also a member of the governing body of a municipal corporation shall end when such director is no longer a member of the governing body of the municipal corporation. If at the end of any term of office of any director a successor to such director has not been

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elected, the director whose term of office has expired shall continue to hold office until a successor is elected. A majority of the board of directors shall constitute a quorum. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. COURT REPORTERSDISQUALIFICATION; PROHIBITION OF CERTAIN CONTRACTS. Code Section 9-11-28 Amended. Code Title 15, Chapter 14, Article 2 Amended. No. 1124 (House Bill No. 1321). AN ACT To amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court reporter for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, so as to prohibit certain contracts for court reporting services; to provide that negotiating or bidding reasonable fees for services on a case-by-case basis shall not be prohibited; to provide that violation of said prohibition or of Code Section 9-11-28 shall be a misdemeanor and grounds for refusal to grant a certificate, revocation of a certificate, or other discipline; 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 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, is amended by striking in its entirety subsection

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(c) and inserting in lieu thereof a new subsection and by adding a new subsection to be designated subsection (d) so that subsections (c) and (d) read as follows: (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 interested in the action. (d) Disclosure . Each court reporter shall disclose on the record in every deposition taken the complete arrangement, financial or otherwise, made between the reporter or any person or entity making arrangements for the reporter's services and the attorney or other party making such arrangements with the reporter, person, or entity. Section 2 . Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, is amended by striking in its entirety subsection (a) of Code Section 15-14-33, relating to grant or revocation of certificate or temporary permit and discipline, and inserting in lieu thereof a new subsection to read as follows: (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: (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;

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(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 guilt 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. 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

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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 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

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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; (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; (11) Violated the provisions of subsection (c) or (d) of Code Section 9-11-28; or (12) Violated the provisions of Code Section 15-14-37. Section 3 . Said article is further amended by striking in its entirety Code Section 15-14-36, relating to penalties for violations, and inserting in lieu thereof a new Code section to read as follows: 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 or of subsection (c) or (d) of Code Section 9-11-28 shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor. Section 4 . Said article is further amended by adding a new Code section to be designated Code Section 15-14-37, to read as follows:

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15-14-37. (a) Contracts for court reporting services not related to a particular case or reporting incident between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an action, or agent for an attorney at law, party to an action, or party having a financial interest in an action are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis. (b) In order to comply with subsection (a) of this Code section, each certified court reporter shall make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor. (c) This Code section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Georgia. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1994. SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACTCERTAIN VIOLENT JUVENILE OFFENDERS TRIED AS ADULTS. Code Titles 5, 15, 16, 17, and 20 Amended. No. 1125 (Senate Bill No. 440). AN ACT To provide measures and procedures to enhance school safety and to provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of

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the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; to provide for a short title; to provide for legislative findings and objectives; to amend Title 16 of the Official Code of Georgia Annotated, known as the Criminal Code of Georgia, so as to change the penalty provisions relating to the crimes of aggravated assault and aggravated battery when such crimes are committed against a student or teacher or other school personnel within a school safety zone; to change the provisions relating to the crime of carrying weapons at school functions or on school property and to make it unlawful to carry weapons within school safety zones; to define certain terms; to provide penalties for the commission of such a crime; to provide certain exceptions; to provide that certain circumstances shall not constitute a defense to a prosecution for carrying weapons within school safety zones or at school functions or on school property; to provide that in the prosecution of such offenses certain maps shall constitute prima-facie evidence of the location of school safety zones; to authorize the posting of signs designating Weapon-free and Violence-free School Safety Zones; to change the penalty for failure to leave a campus or facility of a public school or of a unit of the university system; to change the provisions relating to the crime of furnishing weapons to persons under 21 years of age; to define the crime of unlawfully furnishing or permitting a minor to possess a pistol or revolver; to provide that certain conduct of a parent or legal guardian shall be deemed to be the commission of such crime; to provide penalties for the commission of such a crime; to make it unlawful for any person under the age of 18 years to possess or have under such person's control a loaded pistol or revolver; to provide exceptions; to provide penalties for the commission of such a crime; to provide the circumstances under which a pistol or revolver is considered loaded; to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to require public schools to prepare school safety plans; to require school safety plans to address certain security issues; to provide for state funding for safety equipment including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices in schools under certain circumstances; to make it unlawful to loiter within school safety zones; to provide for enforcement; to provide a penalty for the commission of such a crime; to change

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the penalty for the crime of disrupting a public school; to change the provisions relating to the reporting of students who commit certain prohibited acts upon school property or at school functions; to require certain reports to be made by the principal or the principal's designee or the president or president's designee in the case of a prohibited act committed on a postsecondary institution campus; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the jurisdiction of the juvenile court; to provide that the superior court shall have exclusive jurisdiction over matters concerning children 13 to 17 years of age who are alleged to have committed certain violent felonies; to provide for the transfer of certain cases to the juvenile court under certain conditions; to provide for the sentencing and detention of children 13 to 17 years of age who are convicted of certain violent offenses; to change the provisions relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to the procedure upon taking a child into custody; to change the provisions relating to place of detention for delinquents, capital offenders, or deprived children; to provide for the confinement, treatment, and education of certain juveniles convicted as adults in superior court; to provide for notification to the superior court when a person charged with certain violent felonies appears to be 13 to 17 years of age; to change the provisions relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to provide that certain juveniles sentenced to the custody and control of the Department of Corrections shall be HIV tested; to change the provisions relating to designated felony acts; to change the definition of the term designated felony act; to change the provisions relating to the nature and effect of adjudication of a child and to provide a certain exception; to provide an exception to the provisions relating to transfers of offenses to another court for prosecution; to change the provisions relating to the disposition of mentally ill or mentally retarded children; to change provisions relating to when a child may be fingerprinted or photographed; to require the taking of fingerprints of any child 13 to 17 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction; to provide that juveniles sentenced to the custody of the Department of

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Corrections shall be fingerprinted; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the committal of a person under 17 years of age who is convicted of a felony; to provide that persons 13 to 17 years of age who are convicted of certain violent felonies shall be committed to the Department of Corrections; to provide for the confinement of such persons; to amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by state in criminal cases, so as to provide an additional instance in which an appeal may be taken by and on behalf of the State of Georgia from the superior court; to provide for severability; 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 . This Act shall be known and may be cited as the School Safety and Juvenile Justice Reform Act of 1994. Section 2 . It is found and determined by the General Assembly of Georgia that: (1) The State of Georgia should ensure a safe and secure learning environment for its students and teachers and other school personnel; (2) A large part of school violence is attributed to children carrying handguns and other weapons to school; (3) School safety will be enhanced by banning possession of handguns by children under 18 years of age and providing for penalties with respect to those children who illegally possess handguns and to persons who sell or furnish handguns to such children; (4) School safety will be further enhanced by providing for school safety zones where weapons and violence will not be tolerated and where those who commit offenses which jeopardize the safety of students and

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teachers and other school personnel shall be subject to increased penalties; (5) There is a need for secure placement of certain violent juvenile offenders who constitute a significant threat to the safety of students enrolled in schools, to the citizens of Georgia, and to themselves; (6) The safety of students enrolled in schools and the citizens of Georgia will be enhanced by requiring that certain violent juvenile offenders who commit certain violent felonies be tried as adults in the superior court and sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Corrections; and (7) The Department of Children and Youth Services should apply its resources to the care, treatment, and rehabilitation of less violent and nonviolent juvenile offenders and to developming community based treatment programs and aftercare programs for less violent or nonviolent juvenile offenders. Section 3 . Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding immediately following Code Section 20-2-1184 a new Code Section 20-2-1185 to read as follows: 20-2-1185. (a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in school and to provide a safe learning environment for Georgia's children and teachers and other school personnel. School safety plans shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement agencies. (b) A public school may request funding assistance from the state for the installation of safety equipment

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including, but not limited to, video surveillance cameras, metal detectors, and other similar security devices. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education and the Department of Education. (c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system. Section 4 . Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety Code Section 16-11-127.1, relating to the carrying of weapons as school functions or on school property, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows: 16-11-127.1. (a) As used in this Code section, the term: (1) `School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) `Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, straight-edge razor, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a

Page 1018

manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. (b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37. (c) The provisions of this Code section shall not apply to: (1) Participants in organized sport shooting events or firearm training courses; (2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (3) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof; (4) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:

Page 1019

(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; (E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and (F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof; (5) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (6) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within vehicle in transit through a designated school zone by any person other than a student;

Page 1020

(7) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school; (8) 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; (9) 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; (10) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (11) 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; (12) Public safety directors of municipal corporations; (13) Trial judges; (14) United States attorneys and assistant United States attorneys;

Page 1021

(15) Clerks of the superior courts; or (16) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle. (d) (1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section. (3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law. (e) It shall be no defense to a prosecution for a violation of this Code section that: (1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes at the time of the offense; or (3) The offense took place on a school vehicle.

Page 1022

(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as `Weapon-free and Violence-free School Safety Zones.' Section 5 . Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking in its entirety Code Section 20-2-1180, relating to the prohibition against loitering on school property, and inserting in lieu thereof a new Code Section 20-2-1180 to read as follows: 20-2-1180. (a) It shall be unlawful for any person to remain upon the premises or within the school safety zone as

Page 1023

defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone. (b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature. Section 6 . Said Article 27 is further amended by striking in its entirety Code Section 20-2-1181, relating to the penalty for disrupting a public school, and inserting in lieu thereof a new Code Section 20-2-1181 to read as follows: 20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Section 7 . Said Article 27 is further amended by striking in its entirety Code Section 20-2-1184, relating to the reporting of students who commit prohibited acts, and inserting in lieu thereof a new Code Section 20-2-1184 to read as follows: 20-2-1184. (a) Any teacher or other person employed at any public or private elementary or secondary school or any dean or public safety officer employed by a college or

Page 1024

university who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following: (1) Code Section 16-5-21, relating to aggravated assault if a firearm is involved; (2) Code Section 16-5-24, relating to aggravated battery; (3) Chapter 6 of Title 16, relating to sexual offenses; (4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; (5) Code Section 16-11-127.1, relating to carrying weapons at school functions or on school property or within school safety zones; (6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver by a person under 18 years of age; or (7) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, shall immediately report the act and the name of the student to the principal or president of that school or the principal's or president's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof immediately by telephone or otherwise to the appropriate school system superintendent and to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall

Page 1025

in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith. (d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor. Section 8 . Title 16 of the Official Code of Georgia Annotated, known as the Criminal Code of Georgia, is amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 16-5-21 to read as follows: 16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; or (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. (b) Except as provided in subsections (c), (d), (e), (f), and (g) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

Page 1026

(e) (1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Section 9 . Said Title 16 is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 16-5-24 to read as follows: 16-5-24. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (b) Except as provided in subsections (c), (d), (e), (f), and (g) of this Code section, a person convicted of the offense

Page 1027

of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (e) (1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

Page 1028

Section 10 . Said Title 16 is further amended by striking in its entirety subsection (b) of Code Section 16-11-35, relating to the failure to leave a campus or facility of a public school or of a unit of the university system, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In any case in which a person who is not a student or officer or employee of a unit of the university system or of a public school and who is not required by his or here employment to be on the campus or any other facility of any such unit or of any public school enters the campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to any officer or employee designated by him or her to maintain order on the campus or facility, that such person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or the officers or employees designated by him or her to maintain order on the campus or facility may direct the person to leave the campus or facility, and, if the person fails to do so, he or she shall be guilty of a misdemeanor of a high and aggravated nature. Section 11 . Said Title 16 is further amended by striking in its entirety Code Section 16-11-101, relating to the crime of furnishing weapons to persons under 21 years of age, and inserting in lieu thereof a new Code Section 16-11-101 to read as follows: 16-11-101. A person is guilty of a misdemeanor of a high and aggravated nature when he or she knowingly sells to or furnishes to a person under the age of 18 years metal knuckles or knife designed for the purpose of offense and defense. Section 12 . Said Title 16 is further amended by adding at the end of Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, a new Code Section 16-11-132 to read as follows:

Page 1029

16-11-132. (a) (1) For the purposes of this Code section, the term `pistol' or `revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of.46 centimeters or less in diameter. (2) For the purposes of this Code section, a pistol or revolver is considered loaded if: (A) There is a cartridge in the chamber or cylinder of the pistol or revolver; (B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:

Page 1030

(1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or participating for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is not loaded; (2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.

Page 1031

(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicted delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult. Section 13 . Said Title 16 is further amended by adding between Code Sections 16-11-101 and 16-11-102 a new Code Section 16-11-101.1 to read as follows: 16-11-101.1. (a) For the purposes of this Code section, the term: (1) `Minor' means any person under the age of 18 years. (2) `Pistol or revolver' means a pistol or revolver as defined in subsection (a) of Code Section 16-11-132. (b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section. (c) (1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132. (2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver

Page 1032

if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor. (3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult. (d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than two nor more than five years, or both. Section 14 . 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 Code Section 15-11-5, relating to the jurisdiction of the juvenile court, and inserting in lieu thereof a new Code Section 15-11-5 to read as follows: 15-11-5. (a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child: (A) Who is alleged to be delinquent; (B) Who is alleged to be unruly; (C) Who is alleged to be deprived;

Page 1033

(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or (F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or (2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law; (B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state; (C) For the termination of the legal parent-child relationship, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have exclusive jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or (D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion. (b) Criminal jurisdiction. (1) Except as provided in paragraph (2) of this subsection, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court

Page 1034

and for which the child may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (2) (A) The superior court shall have exclusive jurisdiction over any matter concerning any child 13 to 17 years of age who is alleged to have committed any of the following offenses: (i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that

Page 1035

such case is subject to the designated felony provisions of Code Section 15-11-37. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37. (D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (c) Concurrent custody and support jurisdiction. Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court. (d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the

Page 1036

age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 15-11-41. Section 15 . Said article is further amended by adding between Code Sections 15-11-5 and 15-11-6 a new Code Section 15-11-5.1 to read as follows: 15-11-5.1. A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 shall be committed to the custody of the Department of Corrections; provided, however, that any juvenile in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 notwithstanding that such juvenile was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a juvenile is housed shall be designed to ensure that juveniles are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such juveniles, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to youths 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities. Section 16 . Said article is further amended by striking in its entirety Code Section 15-11-13, relating to the transfer of criminal or quasi-criminal proceedings to the juvenile court, and inserting in lieu thereof a new Code Section 15-11-13 to read as follows: 15-11-13. If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is

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a child, except in cases where the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition. Section 17 . Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-17, relating to where a child may be taken into custody, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A child may be taken into custody: (1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Children and Youth Services designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Children and Youth Services or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child;

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(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary; or (5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian. Section 18 . Said article is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 15-11-19, relating to the procedure upon taking a child into custody and detention, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Bring the child who is suspected of committing a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-5; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-20. Section 19 . Said article is further amended by striking in its entirety Code Section 15-11-20, relating to place of detention for delinquent offenders, capital offenders, or deprived children, and inserting in lieu thereof a new Code Section 15-11-20 to read as follows: 15-11-20. (a) Allegation of delinquency. A child alleged to be delinquent may be detained only in: (1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;

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(2) A facility operated by a licensed child welfare agency; or (3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court. (b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. (c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-39, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. (d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the

Page 1040

age of 17 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term `jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported. (e) Allegation of unruliness. A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to

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the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child. (f) Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee. (g) Data to be maintained. All facilities that detain juveniles for pretrial detention shall maintain the following data on each child detained: (1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense or offenses for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released. Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Children and Youth Services, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges. Section 19.5 . Said article is further amended by striking subsection (b) of Code Section 15-11-35, relating to disposition

Page 1042

of a delinquent child, and inserting in lieu thereof the following: (b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center. Section 20 . Said article is further amended by striking in its entirety subsection (d) of Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime, and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) Any juvenile sentenced to the custody and control of the Department of Corrections or the Department of Children and Youth Services shall be HIV tested in accordance with the policies and procedures of the respective department. (e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to: (1) The Department of Children and Youth Services or the Department of Corrections, as the case may be, and the Department of Human Resources, the latter of

Page 1043

which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Children and Youth Services or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of children and youth services or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted. Section 21 . Said article is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a person 13 to 17 years of age;

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(B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, if done by a juvenile 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; or (v) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; or (C) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-5. Section 22 . Said article is further amended by striking paragraph (1) of subsection (e) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof the following: (1) The order shall provide that:

Page 1045

(A) The juvenile shall be placed in the custody of the Department of Children and Youth Services for an initial period of five years; (B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months; (C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and (D) The juvenile may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;. Section 23 . Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication and the use of disposition and evidence, and inserting in lieu thereof a new subsection (c) to read as follows: (c) A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences

Page 1046

of persons convicted of a crime; provided, however, this subsection shall not be construed as prohibiting the transfer of a child from the custody of the Department of Children and Youth Services to the custody of the Department of Corrections as provided in Code Section 49-5-10.1 or as prohibiting the direct commitment of a child to the custody of the Department of Correction for detention in a designated youth confinement unit as provided in this article. Section 24 . Said article is further amended by adding at the end of Code Section 15-11-40, relating to disposition of mentally ill or mentally retarded children, a new subsection (e) to read as follows: (e) The provisions of Code Section 15-11-5.1 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section. Section 25 . Said article is further amended by adding at the end of Code Section 15-11-39, relating to the transfer of an offense to another court for prosecution, a new subsection (f) to read as follows: (f) This Code section shall not apply to any proceeding within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5. Section 26 . Said article is further amended by striking in its entirety Code Section 15-11-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows: 15-11-60. (a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Code section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and

Page 1047

filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the crimes of involuntary manslaughter, robbery, armed robbery not involving a firearm, aggravated assault, aggravated battery, burglary, and motor vehicle theft. (b) The fingerprints of any child 13 to 17 years of age charged with any offense over which the superior court has exclusive or concurrent jurisdiction shall be taken and filed by law enforcement officers investigating the commission of any such crime. (c) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates. (d) Fingerprint files of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. (e) Upon application of the child, fingerprints of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child. (f) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he or she may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and

Page 1048

other copies of the fingerprints taken shall be delivered to the court for disposition. If the child is not referred to the court, the fingerprints shall be immediately destroyed. (g) Without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (h) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child. Section 27 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety Code Section 17-10-14, relating to the committal of a person under 17 years of age who is convicted of a felony, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows: 17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsections (b) and (c) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Children and Youth Services to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person

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convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. (b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections. Such juvenile shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. (c) In any case where a person 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-5, such person shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections. Section 28 . Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by state in criminal cases, is amended by striking in its entirety Code Section 5-7-1, relating to orders and judgments which are appealable, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows: 5-7-1. An appeal may be taken by and on behalf of the State of Georgia from the superior courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases in the following instances: (1) From an order, decision, or judgment setting aside or dismissing any indictment or accusation or any count thereof;

Page 1050

(2) From an order, decision, or judgment arresting judgment of conviction upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the impaneling of a jury; or (5) From an order, decision, or judgment transfering a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5. Section 29 . 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 30 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval and shall apply to all offenses committed on or after such effective date. Section 31 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1994.

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COUNTY BOARDS OF EQUALIZATIONMEMBERS; INSTRUCTIONAL REQUIREMENTS; INELIGIBILITY. Code Section 48-5-311 Amended. No. 1127 (House Bill No. 1506). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, so as to provide for additional instructional requirements for members of county boards of equalization; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph (2) to read as follows: (2) (A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. (B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures

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required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled. Section 2 . This Act shall become effective on January 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. COURTSTERMS OF SUPERIOR COURT OF EARLY COUNTY; HOLDING COURT IN PLACE OTHER THAN COURTHOUSE IN COUNTIES OF NOT MORE THAN 50,000. Code Sections 15-6-3 and 15-6-18 Amended. No. 1130 (House Bill No. 1715). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that in counties having a population of not more than 50,000 superior court proceedings may be held in places other than the courthouse; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking subparagraph (B) of paragraph (31) of said Code section and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Early CountyThird Tuesday in January and third Monday in July. Section 2 . Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-18, relating to alternative locations for holding superior court, in its entirety and inserting the following: 15-6-18. (a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court. (b) The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations: (1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county

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site, and such order must incorporate a written finding that it is impracticable for the session of court to be held at the county site; (2) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court; (3) The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and (4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court. (c) Notwithstanding the provisions of subsection (a) and (b) of this Code section, in each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused. (d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than

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at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. TORTSIMMUNITY; PERSONS PROVIDING SERVICES WITHOUT COMPENSATION AT SCHOOL REQUEST; SCHOOLS; EXCEPTIONS. Code Section 51-1-30.3 Enacted. No. 1154 (Senate Bill No. 41). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from liability for certain persons who voluntarily and without the expectation or receipt of compensation provide certain services for and at the request and sanction of a public school or private school upon public school or private school property or at a public school or private school sponsored function and to provide immunity from liability for public schools or private schools which request, sponsor, or participate in providing those services; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding after Code Section 51-1-30.2 a new Code section to read as follows: 51-1-30.3. (a) Unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:

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(1) No natural person who voluntarily and without the expectation or receipt of compensation provides services for and at the request and sanction of a public school or private school and who does not expect or receive compensation with respect to such services from the recipient of such services; or (2) No public school or private school which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection shall be liable for damages or injuries alleged to have been sustained by another person or damages for the injury or death of the other person when the injuries or death are alleged to have occurred by reason of an act or omission occurring on school property in the rendering of such services if such services are provided upon school property or at a school sponsored function. (b) This Code section shall not apply to any incident or incidents arising out of the operation of a motor vehicle or motor vehicles. This Code section also shall not apply to any public or private school to the extent that any such public or private school has insurance in effect which covers any damages or injury or death described in paragraph (a) above. (c) This Code section shall not apply to persons who are performing tasks associated with their normal or ordinary course of business or their trade or profession. (d) This Code section shall apply only to causes of action arising on or after July 1, 1994. (e) Nothing in this Code section shall be construed to alter, affect, or repeal any other provision of law granting immunity from liability or to alter or affect any other immunity provision from whatever source and shall be cumulative of any existing immunity from any source. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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EDUCATIONUNIFORM REPORTING SYSTEM. Code Section 20-2-157 Enacted. No. 1155 (House Bill No. 1326). AN ACT To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform reporting system for certain purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in elementary and secondary schools, is amended by adding at the end a new Code section to read as follows: 20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:

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(1) A final grade average of at least an 80 numeric average, provided the student is in a college preparatory curriculum; or (2) A final grade average of at least an 85 numeric average, if the student is in other than a college preparatory curriculum. Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. MOTOR VEHICLES AND TRAFFICCOMMERCIAL DRIVERS' LICENSES; DEFINITIONS; SERIOUS TRAFFIC VIOLATION; TANK VEHICLE. Code Section 40-5-142 Amended. No. 1156 (House Bill No. 1376). AN ACT To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Uniform Commercial Driver's License Act, so as to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Uniform Commercial Driver's License Act, is amended by striking paragraphs (22) and (24) of Code Section 40-5-142, relating to definitions relative to commercial drivers, in its entirety and inserting in lieu thereof the following: (22) `Serious traffic violation' means: (A) Speeding 15 or more miles per hour above the posted speed limit; (B) Reckless driving, as defined under state or local law; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change; or (E) A violation, arising in connection with a fatal accident, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations. (24) `Tank vehicle' means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by dederal law. However, the term `tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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STATE BOARD OF REGISTRATION OF USED CAR DEALERS AND STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERSCOMBINED. Code Title 43 Amended. No. 1157 (House Bill No. 1390). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety paragraph (1) of Code Section 43-47-2, relating to definitions relative to the Used Car Dealers' Registration Act, and inserting in lieu thereof the following: (1) `Board' means the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers. Section 2 . Said title is further amended by striking in their entireties subsections (a) and (b) of Code Section 43-47-3, relating to the creation of the State Board of Registration of Used Car Dealers, and inserting in lieu thereof the following: (a) There is created a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers. The board shall be comprised of 15 members: (1) One member shall be a franchised motor vehicle dealer having used car operations;

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(2) Three members shall be independent used car dealers; (3) Two members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars; (4) The director of the Motor Vehicle Division of the Department of Revenue, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (5) The director of the Governor's Office of Consumer Affairs, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (6) One member shall be a representative of the automobile auction industry; (7) The Director of the Georgia Bureau of Investigation or a designee; (8) One member shall be a representative of the auto salvage pool auction industry; (9) One member shall be a used motor vehicle parts dealer, as defined in Code Section 43-48-2; (10) One member shall be a dismantler, as defined in Code Section 43-48-2; (11) One member shall be a rebuilder, as defined in Code Section 43-48-2; and (12) One member shall be a salvage dealer, as defined in Code Section 43-48-2. (b) The members of the board referred to in paragraphs (1), (2), (3), and (6) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1990. The initial terms of those eight appointed members

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shall expire as follows: two on June 30, 1992; two on June 30, 1993; two on June 30, 1994; two on June 30, 1995; and two on June 30, 1996. The members of the board referred to in paragraphs (8) through (12) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1994, or as soon thereafter as they are appointed and shall serve terms of five years. Successors to these terms shall be appointed for terms of five years. All members shall be residents of this state. No more than two of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. Section 3 . Said title is further amended by striking in their entireties paragraphs (1) and (2) of Code Section 43-48-2, relative to The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, and inserting in lieu thereof new paragraphs (1), (2), and (15.1) to read as follows: (1) `Board' means the State Board of Registration of Used Car Dealers and Motor Vehicle Parts Dealers created by Code Section 43-47-3. (2) Reserved. (15.1) `Used motor vehicle parts dealer' or `dealer' means any person, partnership, limited liability company, firm, or corporation buying, selling, or using 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. Section 4 . Said title is further amended by striking in its entirety Code Section 43-48-3, relating to the creation of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows: 43-48-3. (a) There is created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation or his official designee, the director of the Motor Vehicles Division

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of the Department of Revenue or his official designee, and ten members to be appointed by the Governor. The original appointments shall be made as follows: one member shall be appointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each. Such members shall serve until their successors are appointed and qualified. Thereafter, all appointees shall be for a term of four years. Such terms shall be staggered so that new members of the board will be appointed each year. (b) All members shall be residents of this state. Not less than one nor more than two members shall be appointed from each of the following businesses: salvage dealers, used motor vehicle dismantles, used motor vehicle rebuilders, salvage pool dealers, and motor vehicle insurers. At least two members shall not be associated with any of these businesses. and inserting in lieu thereof the following: 43-48-3. Reserved. Section 5 . Said title is further amended by striking in its entirety Code Section 43-48-4, relating to the election of officers of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows: 43-48-4. (a) The board shall elect a chairman and such other officers as the board deems necessary from among the members of the board for a one-year term. The board shall promulgate rules and regulations for the procedure and operation of the board. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by this chapter. (b) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. and inserting in lieu thereof the following:

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43-48-4. Reserved. Section 6 . Said title is further amended by striking in its entirety Code Section 43-48-5, relating to the secretary of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows: 43-48-5. The joint-secretary shall serve as the secretary of the board in all matters as set forth in Chapter 1 of this title. and inserting in lieu thereof the following: 43-48-5. Reserved. Section 7 . Said title is further amended by striking in its entirety subsection (a) of Code Section 43-48-6, relating to the powers and duties of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof the following: 43-48-6. (a) In addition to the powers provided in Chapter 47 of this title, the board shall have the following powers and duties: (1) To receive applications for registration as a dealer and to authorize the joint-secretary to license such dealers in the manner provided by law; (2) To deny, suspend, revoke, or otherwise sanction licenses; (3) To publish on or before September 1 of each year an alphabetical listing of all dealers licensed pursuant to this chapter and to distribute copies of the same to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state;

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(4) To promulgate such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter; (5) To inspect dealers covered under this chapter whether the dealer is licensed or unlicensed; (6) To impose penalties for violations of this chapter; and (7) To do all other things necessary and proper to carry out the provisions of this chapter. Section 8 . This Act shall become effective on July 1, 1995. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. ATTORNEY GENERAL, JUSTICES OF THE SUPREME COURT, AND JUDGES OF THE COURT OF APPEALSCOMPENSATION. Code Section 45-7-4 Amended. No. 1158 (House Bill No. 1398). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensation of the Attorney General, the Justices of the Supreme Court, and the Judges of the Court of Appeals; 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 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking paragraphs (5), (18), and (19) of subsection (a) and inserting in their respective places new paragraphs (5), (18), and (19) to read as follows: (5) Attorney General, effective January 1, 1995 90,000.00 (18) Each Justice of the Supreme Court 105,249.00 (19) Each Judge of the Court of Appeals 104,582.00 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. MOTOR VEHICLES AND TRAFFICDUI ALCOHOL AND DRUG USE RISK REDUCTION PROGRAMS; DRIVER IMPROVEMENT CLINICS. Code Sections 40-5-80 and 40-5-83 Amended. No. 1159 (House Bill No. 1399). 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 to persons completing a defensive driving course or alcohol or drug program, so as to authorize the Department of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs; to clarify the respective authority of the Department of Human Resources and the Department of Public Safety with respect to DUI alcohol and drug use risk reduction programs and driver improvement clinics; to clarify that a DUI alcohol or drug use risk reduction program must offer all three components; to change certain program fees and administrative fees for DUI alcohol or drug use

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risk reduction 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 to persons completing a defensive driving course or alcohol or drug program, is amended by striking Code Section 40-5-80, relating to the purpose of the Georgia Driver Improvement Act, in its entirety and inserting in lieu thereof the following: 40-5-80. The purpose of this article, the `Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Safety and the Department of Human Resources, as applicable, shall: (1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approximate the expense incurred by the Department of Public Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver

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improvement clinic and DUI alcohol or drug use risk reduction program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety or the Department of Human Resources, as applicable, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force. Section 2 . Said article is further amended by striking Code Section 40-5-83, relating to establishment and approval of clinics and programs, in its entirety and inserting in lieu thereof the following: 40-5-83. (a) The commissioner of public safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.

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(b) (1) The commissioner of public safety shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. (2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section. (c) The commissioner of public safety shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course. (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

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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. (e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and must provide the following services: (1) the assessment component; (2) the education/intervention component; and (3) the intensive intervention component. The Department of Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Approved DUI alcohol or drug use risk reduction programs shall charge a fee of $50.00 for the assessment component, $100.00 for the education/intervention component, $150.00 for the intensive intervention component, and an additional fee of $10.00 for required student program materials. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or

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drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have been made available to said community. The Department of Corrections is authorized to operate DUI alcohol or drug use risk reduction programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI alcohol or drug use risk reduction program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $12.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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MENTAL HEALTHMENTALLY ILL, MENTALLY RETARDED, ALCOHOLIC AND DRUG DEPENDENT PATIENTS; APPEALS; RELEASE OF CLINICAL RECORDS. Code Title 37, Chapters 3, 4, and 7 Amended. No. 1160 (House Bill No. 1405). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities; to provide that the Department of Human Resources has appeal rights independent from those enumerated specifically for patients; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-150, relating to rights of mentally ill patients, in its entirety and inserting in lieu thereof the following: 37-3-150. The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as exepditiously as possible. The patient must pay all costs upon filing

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any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3. Section 2 . Said title is further amended by striking Code Section 37-3-166, relating to the maintenance, confidentially, and release of clinical records relative to mental illness, and inserting instead the following: 37-3-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except: (1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, a copy of the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient; (2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;

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(2.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state; (3) When a patient is admitted to a facility, a copy of the record or information contained in the record from another facility, community mental health center, or private practitioner may be released to the admitting facility. When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the record or information contained in the record may be released to that facility, community mental health center, or private practitioner; (4) A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient; (5) A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release; (6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the record to the treating physician or to the patient's psychologist; (7) At the request of the patient, the patient's legal guardian, or the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter; (8) A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state;

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(8.1) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state; (9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a patient in a state facility, as well as the patient's current address, if known; and (10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. (d) When a sheriff transports an adult involuntary patient to a facility, that sheriff may request in writing that a notice of such patient's discharge be given to the sheriff;

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and such notice shall be provided if such patient or the patient's guardian consents in writing to the disclosure or if, in its discretion, the court ordering the involuntary treatment provides for such notice in the order issued pursuant to Code Section 37-3-81.1. Section 3 . Said title is further amended by striking Code Section 37-4-110, relating to rights of mentally retarded clients, and inserting in its place a new Code Section 37-4-110 to read as follows: 37-4-110. The client, the client's representatives, or the client's attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3.

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Section 4 . Said title is further amended by striking Code Section 37-4-125, relating to the maintenance, confidentiality, and release of clinical records relative to mental retardation, and inserting instead the following: 37-4-125. (a) A clinical record for each client shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except: (1) When the superintendent of the facility where the record is kept deems it essential for continued habilitation, a copy of the record or parts thereof may be released to persons in charge of a client's habilitation when and as necessary for the habilitation of the client; (2) A copy of the record may be released to any person or entity designated in writing by the client or, if appropriate, the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor client has been given by order of a court; (2.1) A copy of the record of a deceased client or deceased former client may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state; (3) When the habilitation plan of the client involves transfer of that client to another facility or involves the receipt of community services by the client, a copy of the record may be released to that facility or to that entity rendering such community services; (4) A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility

Page 1078

when it is necessary for the proper habilitation of the client; (5) A copy of the record shall be released to the client's attorney if the attorney so requests and the client, or the client's legal guardian, consents to the release; (6) In a bona fide medical emergency, as determined by a physician treating the client, the superintendent may release a copy of the record to the treating physician; (7) At the request of the client, the client's legal guardian, or the client's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter; (8) A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state; (8.1) A copy of the record may be released to the legal representative of a deceased client's estate, except for matters privileged under the laws of this state. (9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a client in a state facility, as well as the client's current address, if known; (10) A copy of the client's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; and (11) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be

Page 1079

informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a client in the facility, and the name, address, and last known whereabouts of any alleged client perpetrator. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. Section 5 . Said title is further amended by striking Code Section 37-7-150, relating to the rights of alcoholic and drug dependent patients, and inserting in its place a new Code section 37-7-150 to read as follows: 37-7-150. The patient, the patient's representatives, or the patient's attorney may appeal any order of the probate court of hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days

Page 1080

following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the patient by the court. The appeal rights provided to the patient, the patient's representatives, or the patient's attorney in this section are in addition to any other appeal rights which the parties may have, and the provision of the right for the patient, the patient's representatives, or the patient's attorney to appeal does not deny the right to the Department of Human Resources to appeal under the general appeal provisions of Code Sections 5-3-2 and 5-3-3. Section 6 . Said title is further amended by striking Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records relative to alcohol or drug abuse, and inserting instead the following: 37-7-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises as determined by the facility. The clinical record shall not be a public record and no part of it shall be released except: (1) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;

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(1.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state; (2) When a patient is admitted to a facility, a copy of the record or information contained in the record from another facility, community mental health center, or private practitioner may be released to the admitting facility. When the treatment plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the record or information contained in the record may be released to that facility, community mental health center, or private practitioner; (3) A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient; (4) A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release; (5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the record to the treating physician or to the patient's psychologist; (6) At the request of the patient, the patient's legal guardian, or the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter; (7) Except for matters privileged under the response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing;

Page 1082

(8) A copy of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; (9) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state; and (10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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LOCAL GOVERNMENTAUDITS; GOVERNMENT AUDITING STANDARDS; LOCAL UNITS OF MORE THAN 1,500 PERSONS OR EXPENDITURES OF $175,000.00 OR MORE; LOCAL UNITS WITH LESSER EXPENDITURES; REPORT OF AGREED UPON PROCEDURES; CONTRACTS WITH STATE AUDITOR; CORRECTIVE ACTION; STATE GRANTS WITHHELD. Code Sections 36-60-8 and 36-81-7 Amended. No. 1161 (House Bill No. 1415). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to change the standards under which audits of the financial affairs and transactions of certain local governments are conducted; to change the expenditure level with respect to the requirement of such audits; to provide for corrective action plans; to provide for withholding of grants for failure to comply; 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 governments, is amended by striking Code Section 36-60-8, relating to the contents of certain local government audit reports and the standards under which said audits are conducted, in its entirety and inserting in lieu thereof the following: 36-60-8. Whenever an audit of the financial affairs of a county or municipal corporation or of an officer, board, department, unit, or other political subdivision of a county or municipal corporation is made pursuant to a requirement or to an authorization otherwise provided by law, the audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the result of the operations of the governmental unit or office which is audited. If the auditor is unable to express an unqualified

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opinion, he or she shall so state and shall further detail the reasons for qualification or disclaimer of opinion. All such audits shall be conducted in conformity with generally accepted government auditing standards. Section 2 . Said title is further amended by striking subsection (a) of Code Section 36-81-7, relating to local government expenditure levels which require certain audits, in its entirety and inserting in lieu thereof the following: (a) (1) Beginning with the local government fiscal year which ends between July 1, 1994, and June 30, 1995, 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 $175,000.00 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) of this subsection not less often than once every two fiscal years. Audits performed pursuant to this paragraph shall be for both fiscal years. (3) The governing authority of each local unit of government having expenditures of less than $175,000.00 in that government's most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit otherwise required under paragraph (2) of this subsection, an annual report of agreed upon procedures for that fiscal year. The agreed upon procedures shall include as a minimum: proof and reconciliation of cash, confirmation of cash balances, a listing of bank balances by bank, a statement of cash receipts and cash disbursements, a review of compliance with state law, and a report of agreed upon procedures.

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This agreed upon procedures report shall be in a format prescribed by the state auditor and 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 agreed upon procedures 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. To the extent that the state auditor is able to perform the agreed upon procedures, the governing body may contract with the state auditor. (4) At the option of the governing authority, an audit may be made at a lesser interval than one year. Section 3 . Said title is further amended by striking subsection (b) of Code Section 36-81-7, relating to standards under which audits of certain local governments are conducted, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The audits of each local government shall be conducted in accordance with generally accepted government auditing standards. Each audit shall also contain a statement of any agreement or arrangement under which the local unit of government has assumed any actual or potential liability for the obligations of any governmental or private agency, authority, or instrumentality. Such statement shall include the purpose of the agreement or arrangement, shall identify the agency, authority, or instrumentality upon whose obligations the unit of local government is or may become liable, and shall state the amount of actual liability and the maximum amount of potential liability of the local government under the agreement or arrangement. To the extent that the state auditor is able to provide comparable auditing services, the governing body may contract with the state auditor.

Page 1086

Section 4 . Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 36-81-7, relating to the contents of certain local government audit reports, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The opinion of the performing auditor with respect to the financial statement; in addition to an explanation of any qualification or disclaimers contained in the opinion, such opinion shall also disclose, in accordance with generally accepted government auditing standards, any apparent material violation of state or local law discovered during the audit. Section 5 . Said title is further amended by striking subsection (d) of Code Section 36-81-7, relating to forwarding of audits to the state auditor, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Each annual audit report of a local unit of government shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the unit's fiscal year. In addition to the audit report, the local unit of government shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. In the case of units provided for in paragraph (2) of subsection (a) of this Code section, the audit reports for both fiscal periods shall be submitted within 180 days after the close of each second fiscal year and the written comments shall be submitted within 30 days after the audit report due date. (2) The state auditor shall review the audit report and written comments submitted to the auditor's office to ensure that it meets the requirements for audits of local governments. If the state auditor finds the requirements

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for audits of local governments have not been complied with, the state auditor shall within 60 days of receipt of the audit or the written comments notify the governing authority and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to each member of the General Assembly whose senatorial or representative district includes any part of the unit of local government. (3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the unit of local government that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to each member of the General Assembly whose senatorial or representative district includes any part of the unit of local government. (4) The state auditor, for good cause shown by those local units in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same unit of local government. Section 6 . No state agency shall make or transmit any state grant funds to any local government which has failed to provide all the audits required by law within the preceding five years. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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REVENUEAD VALOREM TAXES; APPEALS OF ASSESSMENTS; FILING BY MAIL; FORMS; TIME FOR RESPONSE; CONSOLIDATION; SERVICE; CONTINUANCES. Code Section 48-5-311 Amended. No. 1162 (House Bill No. 1436). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, so as to provide for filing by mail; to provide for appeals of assessments; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for consolidation of appeals; to repeal certain provisions dealing with appeals of the decisions of the county boards of equalization; to provide for service of notice of appeal by the board of equalization; to provide for continuances; to provide for related matters; 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 the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, is amended by striking subsections (e) and (f) of said Code section in their entirety and inserting in lieu thereof the following: (e) (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions, in the manner provided in paragraph (2) of this subsection.

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(2) (A) An appeal shall be effected by mailing to or 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. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. 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 if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to

Page 1090

the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (3) In any year in which no county-wide revaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 48-5-304. (4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may adopt uniform procedures and standards which, when

Page 1091

approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property. (D) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to

Page 1092

the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filling the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (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 or her 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

Page 1093

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. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (f) (1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities,

Page 1094

either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. (4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal,

Page 1095

the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. (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 or her 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 2 . This Act shall become effective on January 1, 1995, and shall apply to all civil actions filed on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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SUPERIOR COURT CLERKSRECORDING OF MAPS OR PLATS; MINIMUM STANDARDS CHANGED. Code Section 15-6-67 Amended. No. 1163 (House Bill No. 1458). AN ACT To amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, so as to change the specifications relating to maps and plats which may be recorded; to delete certain provisions relating to additional specifications and standards; to require the recording of certain maps and plats; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats and specifications related thereto, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications: (1) Material. (A) Any such maps or plats shall be a good legible copy, such as a blue, white, or other commercial print reproduced from an original. (B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows:

Page 1097

(i) Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches; (ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.080 inches; or (iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of 0.080 inches. (C) In counties using microfilming procedures, when a map or plat is filed for record the original drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive copy of the original may be tendered and used for microfilming. The clerk shall enter the filing date, plat book number, and page number on the original drawing and return the original drawing to the land surveyor or the person filing the same for record; (2) Caption. The maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation; (C) The scale, stated and shown graphically; (D) The name, address, telephone number, and registration number of the land surveyor or the statement

Page 1098

that he is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in black ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. (3) Size. Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than can be recorded without folding; (4) Data. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified: (A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record; (B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet; (C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows:

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`The field data upon which this map or plat is based has a closure precision of one foot infeet, and an angular error ofper angle point, and was adjusted usingrule'; (D) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: `This map or plat has been calculated for closure and is found to be accurate within one foot infeet'; (E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference; (F) All maps or plats shall show easements and apparent encroachments, if pertinent; (G) In the case of curved lines, the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves; (H) All land lot lines, land district lines, land section lines, and city, county, and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures; (I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone; (J) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic

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north, astronomic north, or grid north. A grid north reference shall indicate the zone; (K) All linear distances shown on maps or plats shall be horizontal; (L) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian; (M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and (N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. (c) If the plat meets the requirements of subsection (b) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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DEPARTMENT OF NATURAL RESOURCESCRIMINAL VIOLATIONS OF STANDARDS, RULES, AND REGULATIONS; ORDERS FOR CESSATION OF VIOLATION; REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES ACT AMENDED; REMOVAL OF POLITICAL SUBDIVISION FROM AUTHORITY; PENALTIES; PACKAGING COMPONENTS; PUBLIC DEBT TO FUND CORRECTIVE ACTION. Code Sections 12-2-2, 12-8-30.8, 12-8-54, 12-8-82, 12-8-94, and 12-8-161 Amended. No. 1164 (House Bill No. 1521). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and regulations adopted by the Board of Natural Resources mean those standards, rules, and regulations in effect on January 1, 1994; to provide that a member of a regional solid waste management authority which fails to enter into a mutual agreement with the other members of the authority may be expelled; to exempt certain packaging from the prohibition against the sale of packages containing lead, cadmium, mercury, or hexavalent chromium; to authorize the director of the Environmental Protection Division of the Department of Natural Resources to request the Georgia State Financing and Investment Commission for the issuance of public debt to fund activities to correct hazardous waste sites; to provide that any moneys recovered from responsible persons shall be applied to reduce such indebtedness; to provide conditions for a certain effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting at the end of subsection (c) of Code Section 12-2-2, relating to the creation of the Environmental

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Protection Division of the Department of Natural Resources and related matters, the following: (5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term `standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1994. (6) Notwithstanding any other law to the contrary, whenever the division determines that a violation of any provision of this title or any rule or regulation promulgated pursuant to this title relating to those laws to be enforced by the division has occurred, the division shall be required to attempt by conference, conciliation, or persuasion to convince the violator to cease such violation. If the director finds that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in his or her order, such order may summarily provide for the immediate cessation of any activity constituting such violation. Whether negotiated or directed, such order shall specify the alleged violation and shall prescribe a reasonable time for corrective action to be accomplished. Any order issued pursuant to this subsection shall become final unless the person aggrieved requests a hearing in writing before the director not later than 30 days after such order is served. Section 2 . Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 12-8-30.8, relating to penalties for the violation of the Georgia Comprehensive Solid Waste Management Act, and inserting in lieu thereof the following: (2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part: (A) Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;

Page 1103

(B) In knowing violation of any material condition or requirement of such permit or order; or (C) In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section 12-8-23; Section 3 . Said title is further amended by inserting at the end of Code Section 12-8-54, relating to the board of directors of regional solid waste management authorities, the following: (c) Any political subdivision which has become a member of such authority pursuant to subsection (b) of Code Section 12-8-53 and has determined that it shall not enter into a mutual agreement with the other political subdivisions which are members of such authority for the financial support and administrative function of such authority may be removed from such authority subsequent to its formation upon an affirmative vote of two-thirds of those members of the board of directors of such authority representing political subdivisions which have determined to enter into such an agreement. Upon such removal, the membership of such board of directors shall be reconstituted according to the terms of the agreement creating such authority as though the removed member or members had never executed such agreement. Any political subdivision removed from an authority pursuant to this subsection may be restored to membership in the authority pursuant to the terms of subsection (b) of this Code section. Section 4 . Said title is further amended by striking in its entirety subsection (a) of Code Section 12-8-82, relating to criminal penalties for the violation of the Georgia Hazardous Waste Management Act, and inserting in lieu thereof the following: (a) Any person who: (1) Knowingly transports or causes to be transported any hazardous waste as defined in this article to a

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facility which does not have a permit or interim status pursuant to Code Section 12-8-66, which does not have a variance pursuant to Code Section 12-8-69, or which is not subject to an order of the director which specifically authorized continued operation of such facility; (2) Knowingly treats, stores, or disposes of any hazardous waste as defined in this article: (A) Without a permit or interim status pursuant to Code Section 12-8-66, a variance pursuant to Code Section 12-8-69, or an order of the director allowing such treatment, storage, or disposal of hazardous waste; (B) In knowing violation of any material condition or requirement of such permit, interim status, variance, or order; or (C) In knowing violation of any material condition or requirement of any applicable regulations or standards promulgated in accordance with Code Section 12-8-64; (3) Knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or regulations promulgated in accordance with Code Section 12-8-64; (4) Knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste as defined in this article, whether such activity took place before or takes place after March 14, 1985, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regulations promulgated in accordance with Code Section 12-8-64; or

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(5) Knowingly transports without a manifest or causes to be transported without a manifest, any hazardous waste required by this article or regulations promulgated in accordance with Code Section 12-8-64 to be accompanied by a manifest Shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation, or imprisonment for not less than one nor more than two years, or three years in the case of a violation of paragraph (1) or (2) of this subsection, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment. Section 5 . Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-161, relating to definitions relative to a prohibition against selling packages containing lead, cadmium, mercury, or hexavalent chromium, and inserting in lieu thereof the following: (5) `Packaging component' means any individual assembled part of a package, including but not limited to interior and exterior blocking, bracing, cushioning, weather-proofing, exterior strapping except for steel strapping which contains less than 100 ppm lead, coatings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623. Section 5.1 . Said title is further amended by striking the word and at the end of paragraph (4) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; by striking the symbol . at the end of paragraph (5) of such subsection and inserting in lieu thereof the word and symbol ; and; and by inserting at the end of such subsection the following: (6) To request the Georgia State Financing and Investment Commission for the issuance of public debt to fund corrective action pursuant to this part; provided, however, that any moneys recovered from persons found to be

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legally liable for such corrective action shall be used to reduce any such public debt incurred. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 5.1 of this Act shall become effective only upon the effective date of a duly ratified amendment to the Constitution authorizing the state to incur indebtedness to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at certain sites. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. EDUCATIONSPECIAL EDUCATION PROGRAMS; CRITERIA. Code Section 20-2-152 Amended. No. 1165 (House Bill No. 1768). AN ACT To amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to change the eligibility criteria for state funded special education programs for the intellectually gifted; to provide for implementation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, is amended by adding after subsection (a) thereof the following:

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(a.1) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category V pursuant to paragraph (5) of subsection (d) of this Code section, shall authorize local boards of education to use: (1) The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and (2) Multiple eligibility criteria which include: (A) Evidence of student work product or performance; (B) Data from teacher, parent, or peer observation; and (C) Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity. A student's eligibility may be determined under either paragraph (1) or (2) of this subsection. The multiple eligibility criteria shall be implemented as appropriate staff development is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education programs for the intellectually gifted shall not be required to satisfy any additional eligibility criteria or information documentation as a result of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

Page 1108

DIVISION OF ENERGY RESOURCES OF GEORGIA ENVIRONMENTAL FACILITIES AUTHORITYCREATED; REPLACES OFFICE OF ENERGY RESOURCES; RESPONSIBILITIES; TRANSFER OF EMPLOYEES, ASSETS, CONTRACTS, PROGRAMS, AND OBLIGATIONS. Code Sections 8-2-23, 46-4A-2, 46-4A-12, 46-4A-14, and Code Title 50, Chapter 23 Amended. Code Title 45, Chapter 12, Article 4, Part 3 Repealed. No. 1166 (House Bill No. 1263). AN ACT To amend Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; 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, so as to repeal Part 3, relating to the planning, developing, and managing of energy resources; to amend Chapter 4A of Title 46 of the Official Code of Georgia Annotated, the Residential Conservation Service Act of 1981, so as to change several references to the Office of Energy Resources; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create within the Georgia Environmental Facilities Authority the Division of Energy Resources; to provide that the executive director of the Georgia Environmental Facilities Authority or a person designated by him or her shall be the director of such division; to provide for authority and responsibilities; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority; to provide for the continuation of certain benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to the amendment and revision of certain state codes, is amended by striking in its entirety paragraph

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(2) of subsection (a) and inserting in lieu thereof the following: (2) Revisions of or amendments to the Georgia State Energy Code for Buildings shall not become effective without the approval of the Division of Energy Resources of the Georgia Environmental Facilities Authority. The department shall consult with the division during the revision or amendment of such code and shall submit such revisions or amendments to the division for approval at least ten days prior to the adoption thereof. 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, is amended by striking in its entirety Part 3, relating to the planning, developing, and managing of energy resources, and inserting in lieu thereof the following: Part 3 Reserved Section 3 . Chapter 4A of Title 46 of the Official Code of Georgia Annotated, the Residential Conservation Service Act of 1981, is amended by striking in its entirety Code Section 46-4A-2, relating to legislative findings and a declaration of policy, and inserting in lieu thereof the following: 46-4A-2. The General Assembly finds that the rising cost and uncertain supply of energy resources require an active program of energy conservation assistance, especially for the residential sector, which often has limited access to expert advice on energy conservation. In response to this need and to the mandate of the National Energy Conservation Policy Act, P.L. 95-619, the former Office of Energy Resources, now the Division of Energy Resources of the Georgia Environmental Facilities Authority, on behalf of the Office of Planning and Budget, has developed the state plan for the Residential Conservation Service, which requires certain utilities to offer home energy audits and related services to residential customers. Further, the General Assembly finds that in order to ensure the implementation of the state plan for the Residential Conservation Service and avoid the imposition of the federal plan, adequate

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authority for state enforcement of the state plan must be instituted. Therefore, in order to provide Georgia's regulated utilities and their customers with the most appropriate and flexible plan for carrying out the Residential Conservation Service, the General Assembly declares that the Office of Planning and Budget shall be authorized to promulgate regulations to establish the Residential Conservation Service and provide for its enforcement. Section 4 . Said chapter is further amended by striking in its entirety paragraph (4) of Code Section 46-4A-12, relating to the construction of such chapter, and inserting in lieu thereof the following: (4) On the activities of the Division of Energy Resources of the Georgia Environmental Facilities Authority in the enforcement or administration of any program or provision of law; and. Section 5 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 46-4A-14, relating to civil penalties and related matters, and inserting in lieu thereof the following: (c) Any contractor, supplier, or lender who is listed on the master record established by the Division of Energy Resources of the Georgia Environmental Facilities Authority and who violates any provision of this chapter or the rules or regulations promulgated hereunder is subject to removal from the applicable master record in accordance with the rules and regulations established pursuant to the Residential Conservation Service program. Section 6 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Chapter 23, the Georgia Environmental Facilities Authority Act, and inserting in lieu thereof the following:

Page 1111

CHAPTER 23 ARTICLE 1 50-23-1. This article shall be known and may be cited as the `Georgia Environmental Facilities Authority Act.' 50-23-2. (a) It is found and declared that the availability of adequate environmental facilities is an important element in the ability of a community to provide for the continuing economic growth and development that provide jobs for the state's citizens. It is also recognized that many communities lack the financial resources to provide for the needed facilities that both protect the environment and provide for such future economic expansion. Financial assistance is an important aid for the local governments in meeting these needs and it is declared in the public interest and for the public benefit and good and is so desired as a matter of legislative intent. (b) It is the purpose and intent of this article to provide an instrumentality to provide environmental facilities to assist local governments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments. (c) The authority shall receive all assets of the Georgia Development Authority except those assets received under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds or assets derived from such funds or assets. The authority shall be responsible for any contracts, leases, agreements, or other obligations entered into regarding the environmental facilities projects of the Georgia Development Authority prior to the creation of the Georgia Environmental Facilities Authority and the Georgia Environmental Facilities Authority is substituted as party to any such contract, agreement, lease, or other obligation and shall be responsible for performance thereon as if it had been the original party and shall be entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations.

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50-23-3. (a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of industry, trade, and tourism, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as such official remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual travel and expenses necessarily incurred in the performance of their duties and shall receive the same per diem as do members of the General Assembly. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article. The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable. (c) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall

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submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) The authority is assigned to the Department of Community Affairs for administrative purposes only. 50-23-4. As used in this chapter, the term: (1) `Authority' means the Georgia Environmental Facilities Authority. (2) `Bond' includes revenue bond, bond, note, or other obligation. (3) `Cost of project' or `cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges, bond insurance, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority

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which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans;

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(L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority. (4) `County' means any county created under the Constitution or laws of this state. (5) `Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabiliated, constructed, or planned: (A) For the purposes of supplying, distributing and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or

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personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; (B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage; and (C) For the purposes of collecting, treating, recycling, composting, or disposing of solid waste, including, but not limited to, trucks, dumpsters, intermediate reception stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills, landfill equipment, barrels, binders, barges, alternative technologies and other plant structures, equipment, conveyances, improvements, real or personal property or rights therein, and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, treatment, or disposal of solid waste. (6) `Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, solid waste facilities, or management services. (7) `Local government' or `local governing authority' means any municipal corporation or county or any local water or sewer or sanitary district and any state or local

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authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the state. (8) `Management services' means technical, administrative, instructional, or informational services provided to any current or potential loan recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water, sewer, or solid waste systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (9) `May' means permission and not command. (10) `Municipal corporation' or `municipality' means any city or town in this state. (11) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (12) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of

Page 1118

providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (13) `Revenue bond' includes bond, note, or other obligation. (14) `Self-liquidating project' means any project or combination of projects if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (15) `Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining `environmental facilities.' (15.5) `Solid waste facility' means any environmental facility described in subparagraph (C) of paragraph (5) of this Code section, defining `environmental facilities.' (16) `Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining `environmental facilities.' 50-23-5. (a) The corporate purpose and the general nature of the business of the Georgia Environmental Facilities Authority shall be assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities necessary for public purposes and commercial, residential, and industrial development purposes or necessary or incidental to such purposes by providing grants, loans, bonds, and other forms of financial and technical assistance to local governments to finance any project or pay the cost of any project. (b) The authority shall have power:

Page 1119

(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) 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, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (4) 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; (5) To appoint an executive director who shall be executive officer and administrative head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, 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; (6) To finance projects by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of

Page 1120

the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments to finance projects and to pay the cost of any project by local government and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and

Page 1121

(C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the 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,

Page 1122

loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any 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 any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph;

Page 1123

(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) State operated investment pools. (12) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal

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installments and interest payments, schedule for which such moneys are to be applied; (14) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations; (16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the

Page 1125

authority and such state agencies and local governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment

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of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for solid waste projects; (24) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter; (25) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (26) 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; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter;

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(28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers; and (29) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses. (c) The authority shall not have the power of eminent domain. 50-23-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such sewerage facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves;

Page 1128

(2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) In the case of loans for a solid waste facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the solid waste facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such solid waste facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (4) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (5) Create and maintain such other special funds as may be required by the authority; and

Page 1129

(6) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this article. (d) In connection with the making of any loan authorized by this article, the authority may fix and collect such fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-23-7. (a) For the purposes of this article, the term `lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.

Page 1130

(c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and

Page 1131

(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) In the case of a solid waste facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such solid waste facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (4) To create and maintain reasonable reserves or other special funds;

Page 1132

(5) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (6) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-23-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered

Page 1133

into between the authority and state agencies, local government, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:

Page 1134

(A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property, to secure the payment of the bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code

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section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this article; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and

Page 1136

the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this article and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairperson of the authority, the facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairperson's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office.

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(7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this article may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this article. (9) The venue for all bond validation proceedings pursuant to this article shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the

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meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest

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cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. 50-23-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division for existing statutory reviews and approvals. 50-23-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized. 50-23-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this article that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings

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by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-23-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any solid waste system, sewerage system, environmental facility, or water system owned by a local government; or (3) Carrying out any of the powers expressly given in this article. 50-23-13. The provisions of this article shall be liberally construed to effect the purposes of this article. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the `Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this article shall be necessary to the performance of any act authorized in this article; nor shall any such act be subject to referendum. 50-23-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state of its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-23-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate

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purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this article that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this article shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-23-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this article shall be construed to remove any such rights. 50-23-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-23-18. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this article. 50-23-19. Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of:

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(1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately proceding the year in which any such bond or revenue bond is to be issued. 50-23-20. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revene bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. ARTICLE 2 50-23-30. As used in this article, the term `division' shall mean the Division of Energy Resources of the Georgia Environmental Facilities Authority. 50-23-31. There is created within the Georgia Environmental Facilities Authority a Division of Energy

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Resources. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division. 50-23-32. (a) The Division of Energy Resources of the Georgia Environmental Facilities Authority shall have sole authority and responsibility for the administration of this article. (b) The division shall have the authority and responsibility to do the following: (1) Consult with other departments, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to energy. Any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this article is required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this article; (2) Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration of this article; (3) Apply for, receive, accept, and administer federal funds and programs made available to the state for the purposes of this article; (4) Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency; (5) Enter into agreements to carry out energy related research and planning jointly with other states or the federal government where appropriate; (6) Inform, educate, and provide materials to other agencies of the state or political subdivisions thereof and to the public on all energy related matters, with particular emphasis on energy consumption trends and their

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social, environmental, and economic impacts; conservation and energy efficiency; and alternative energy technologies; (7) Monitor and assess the relationship and impact of international, federal, and regional energy policies on the state's energy policies and programs; (8) Collect and analyze data relating to past, present, and future consumption levels for all sources of energy and report such findings to the Governor annually. Such reports shall make recommendations on actions which would further the purposes of energy conservation and management; (9) Prepare and present to the government for approval a standby emergency plan setting forth actions to be taken in the event of an impending serious shortage of energy or a threat to public health, safety, or welfare; (10) Design and implement a program to encourage energy conservation and efficiency, to include, but not be limited to, public, commercial, industrial, governmental, and residential areas; (11) Maintain awareness of all energy related research, with particular emphasis on alternative energy resources creating minimal environmental impact, which research could be of importance to the state's welfare for the purposes of providing constructive and supportive action; (12) Solicit funds made available for the purposes of information, research studies, demonstrations, and projects of professional and civic orientation which are related to energy conservation and efficiency, the development and utilization of alternative energy technologies, and other appropriate energy related areas; and (13) Design and implement programs to assist local governing authorities and other entities in implementing alternative energy projects.

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50-23-33. (a) All employees of the Office of Energy Resources shall, on July 1, 1994, become employees of the authority, subject to the operating needs of the authority. Any employees of the Environmental Protection Division of the Department of Natural Resources to whom the director of the division gives the opportunity who elect to be transferred to the authority on July 1, 1994, shall be subject to the operating needs of the authority. (b) All persons who transfer to the authority pursuant to subsection (a) of this Code section and who, immediately prior to such transfer, are state employees in the unclassified service of the state merit system as defined by Code Section 45-20-6 shall remain in the unclassified service of the state merit system. All such persons who, immediately prior to the transfer, are state employees in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the relevant provisions of the state merit system; provided, however, that if any such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service for purposes of benefits administered pursuant to the state merit system. (c) The rights and benefits in the Employees' Retirement System of Georgia and any employee benefits of any employee transferring to the division pursuant to subsection (a) of this Code section shall not be impaired. 50-23-34. All assets, funds, property, contracts, programs, obligations, and interests of the Office of Energy Resources in existence or effect on July 1, 1994, shall be transferred to the authority on that date. 50-23-35. The authority shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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GENERAL ASSEMBLYPREFILING OF PROPOSED BILLS AND RESOLUTIONS. Code Section 28-1-16 Enacted. No. 1167 (House Bill No. 170). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session; to provide for the preliminary assignment of such matters to committees and consideration of the same by such committees; to provide for the unofficial status of such matters, as opposed to actions officially taken during legislative sessions; 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 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code Section 28-1-16 to read as follows: 28-1-16. (a) The purpose of this Code section is to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session. The purposes of such procedure shall include: (1) Allowing, but not requiring, the author of a measure which he or she intends to introduce in the General Assembly to make the members of the General Assembly and the general public aware of the existence and contents of such proposed measure; (2) Allowing, but not requiring, the presiding officers of the Senate and House of Representatives to indicate

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the committees to which they intend to assign such proposed measures if and when they are officially introduced; and (3) Allowing, but not requiring, standing committees so selected to begin informal consideration of such proposed measures. (b) During the period which begins on November 15 of each calendar year and ends on the Friday before the second Monday in January of the following calendar year, bills and resolutions considered for introduction in the General Assembly may be prefiled with the Secretary of the Senate and the Clerk of the House as authorized in this Code section. Such measures may be so prefiled with the Secretary of the Senate by any one or more Senators who will be eligible to consider the measure when introduced. Such measures may be so prefiled with the Clerk of the House by any one or more Representatives who will be eligible to consider the measure when introduced. The prefiling of a measure shall not constitute the official introduction of a bill or resolution, and a bill or resolution may be officially introduced only during a legislative session. (c) When any one or more authors of a proposed measure desire to prefile the proposed measure, they shall obtain copies of the same from the Office of Legislative Counsel, prepared in a form to indicate their status as measures to be prefiled, and shall prefile the same with the Secretary of the Senate or the Clerk of the House in such manner as may be prescribed by the Secretary or the Clerk. (d) Neither the prefiling of a proposed measure by the author, an indication of intention to assign a proposed measure to a committee by a presiding officer, nor the informal consideration of a proposed measure by a committee shall be binding or have official status as the introduction, assignment to committee, or committee consideration of a measure; and all of such actions may officially be taken only after the convening of a session of the General Assembly.

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(e) Upon receipt of a prefiled bill or resolution, the Secretary or Clerk shall assign to the proposed measure an identifying number. The Secretary and Clerk may develop numbering systems which will allow prefiled measures to be indentified by a number corresponding to the bill or resolution number which will be assigned to the same measure when and if it is officially introduced during the legislative session. (f) Following receipt of a prefiled measure, the Secretary or Clerk shall notify the presiding officer of the Senate or House, and such presiding officer may make a preliminary assignment of the measure to a standing committee for consideration by the committee. Such a preliminary assignment shall not constitute the official assignment of an officially introduced bill. Such official assignment of a bill or resolution may take place only following the official introduction of the bill or resolution during the legislative session. Such a preliminary assignment shall in no manner be binding upon the presiding officer, and the official assignment of a bill or resolution after its official introduction may be made without regard to any preliminary assignment of the proposed measure. (g) Upon the preliminary assignment of a bill or resolution, the committee to which the same is assigned may commence consideration of the proposed measure and the issues addressed therein, but the committee shall have no power to take any official action with respect to such a proposed measure until after its official introduction and assignment to the committee. (h) All measures prefiled under this Code section and the preliminary assignment of the same shall be matters of public record and shall be made available to the public. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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LAW ENFORCEMENT OFFICERSLINE OF DUTY DEFINED. Code Section 45-9-81 Amended. No. 1168 (House Bill No. 250). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the circumstances under which a law enforcement officer shall be considered to be in the line of duty; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (5) in its entirety and inserting in its place a new subparagraph (C) to read as follows: (C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firemen, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or firemen's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose

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of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this article shall not be considered in the determination of the entitlement of such officer to worker's compensation, disability, health, or other benefits from such officer's or firemen's public or private employer; or. Section 2 . This Act shall become effective on July 1, 1994, and shall apply to death or permanent disability occurring on or after July 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. DISPOSSESSORY PROCEEDINGSIMMEDIATE ISSUANCE OF WRIT OF POSSESSION; WRIT EFFECTIVE AFTER TEN DAYS; TIME FOR APPEAL; PAYMENT OF RENT INTO REGISTRY OF COURT. Code Sections 44-7-53, 44-7-55, and 44-7-56 Amended. No. 1169 (House Bill No. 337). AN ACT To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide for the issuance of a writ of possession to be effective at the expiration of ten days after the entry of judgment against a tenant; to change the provisions relating

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to appeals and the practices and procedures connected therewith; to provide for payment into the registry of the court; 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 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking in its entirety subsection (a) of Code Section 44-7-53, relating to when writ of possession may be issued, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury. Section 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to judgment and landlord's liability for wrongful conduct, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56. Section 3 . Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and payment of rent pending appeal, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:

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44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. LABOR POOLSWORK-SITE EMPLOYERS; PAY STUBS; PAYMENT IN CASH OR FULLY REDEEMABLE CHECK; ENFORCEMENT BY COMMISSIONER OF LABOR; HEARINGS; FINES; APPEALS; MISDEMEANOR OFFENSES; CONSTRUCTION; CONTINGENT UPON APPROPRIATIONS; AUTOMATIC REPEAL. Code Sections 34-10-1 through 34-10-4 Amended. Code Section 34-10-6 Enacted. No. 1170 (House Bill No. 389). AN ACT To amend Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, so as to define certain

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terms; to prohibit employers from failing to give temporary employees pay stubs or other notice of their hours worked, rate of pay, and any deductions; to prohibit paying temporary employees except in cash or check redeemable at full value; to provide for the powers of the Commissioner of Labor; to provide for fines; to provide for criminal penalties; to provide for appeals; to provide for construction; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, is amended by adding at the end of Code Section 34-10-1, relating to definitions, a new paragraph (5) to read as follows: (5) `Work-site employer' means any business entity or employing unit with which a labor pool contracts or otherwise agrees to furnish temporary workers for short-term assignments of casual labor. Section 2 . Said chapter is further amended by striking Code Section 34-10-2, relating to prohibited acts or practices, in its entirety and inserting in lieu thereof the following: 34-10-2. A labor pool or work-site employer shall be prohibited from engaging in any of the following acts or practices: (1) Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work assignment; (2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment;

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(3) Failing to inform a person who is to be placed on a work assignment involving exposure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent on the form described in Code Section 34-10-3; (4) Failing to provide a pay stub or register to the temporary employee to indicate the number of hours worked, the rate of pay, and any deduction therefrom; or (5) Paying a temporary employee in any medium other than cash or check; provided, however, that any check must be redeemable at full value. Section 3 . Said chapter is further amended by striking Code Section 34-10-3, relating to consent forms for exposure to hazardous chemicals, in its entirety and inserting in lieu thereof the following: 34-10-3. (a) The Department of Labor shall promulgate by rule or regulation the language and format of a consent form to be provided and used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent as required in paragraph (3) of Code Section 34-10-2. (b) The Commissioner of Labor shall have the power and authority to adopt or rescind such rules or regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to effectuate and enforce the provisions of this chapter. (c) Any labor pool or work-site employer which is found by the department, after notice and an opportunity for a hearing, to have willfully violated any provision of this chapter shall be subject to an administrative fine not to exceed $1,000.00 for each separate violation. Each day during which any such violation occurs shall constitute a separate violation.

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(d) Any determination by the department that a labor pool or work-site employer has willfully violated any provision of this chapter shall be subject to appeal. Any hearing conducted pursuant to this Code section shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 4 . Said chapter is further amended by striking Code Section 34-10-4, relating to penalties for violation of the chapter, in its entirety and substituting in lieu thereof the following: 34-10-4. (a) Any person convicted of a violation of paragraph (1), (2), (4), or (5) of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses. (b) Any person convicted of a violation of paragraph (3) of Code Section 34-10-2 shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for a term not to exceed 12 months or a fine of not less than $1,000.00 or more than $5,000.00, or both. Section 5 . Said chapter is further amended by adding at the end of said chapter a new Code Section 34-10-6 to read as follows: 34-10-6. Nothing in this chapter shall be construed to relieve any business entity or employing unit which is subject to any of the provisions of this chapter from the responsibility of said business entity or employing unit to comply with any other provision of state or federal law, including, but not specifically limited to, the federal Occupational Safety and Health Act or with any county or municipal law, rule, or ordinance which is not in direct conflict with any provision of this chapter. Section 6 . 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; the Commissioner of Labor shall not be required to enforce any portion

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of this Act for which funds are not specifically appropriated. Section 7 . This Act shall be repealed in its entirety July 1, 1997, if funds have not been specifically appropriated for purposes of this Act on or before such date. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. INSURANCETWO CARRIER COVERAGE; SETTLEMENT OF CLAIMS AND RELEASE FROM LIABILITY. Code Section 33-24-41.1 Amended. No. 1171 (House Bill No. 471). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, so as to provide that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability; to provide that any carrier that does not so settle shall continue to be liable to the extent of its policy limits; to provide when such carrier is liable for an excess judgment; to provide for a duty to defend; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, is amended by striking in its entirety Code Section 33-24-41.1, relating to the tender and acceptance of the limits of a policy of insurance and other matters, and inserting in lieu thereof the following:

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33-24-41.1. (a) In any instance where a claim arising out of a motor vehicle accident is covered by two or more insurance carriers, one such carrier may tender, and the claimant may accept, the limits of such policy; and, in the event of multiple claimants, the settling carrier may tender, and the claimants may accept, the limits of the policy pursuant to a written agreement between or among the claimants. Such claimant or claimants may execute a limited release applicable to the setting carrier and its insured based on injuries to such claimants including, without limitation, claims for loss of consortium or loss of services asserted by any person. (b) The limited release provided for in subsection (a) of this Code section shall: (1) Release the settling carrier from all liability from any claims of the claimant or claimants based on injuries to such claimant or claimants; and (2) Release the insured tort-feasor covered by the policy of the settling carrier from all personal liability from any and all claims arising from the occurrence on which the claim is based except to the extent other insurance coverage is available which covers such claim or claims. (c) No policy of uninsured or underinsured motorist coverage issued in this state after July 1, 1994, shall prohibit any claimant from settling any claim with a liability carrier as provided in subsection (a) of this Code section or require the permission of the uninsured or underinsured motorist carrier to so settle any claim with the liability carrier. (d) The limited release of the settling carrier provided for in subsection (a) of this Code section shall not: (1) Bar a claimant's recovery against any other tortfeasor or under any other policy of insurance or release any other insurance carrier providing applicable coverage unless specifically provided for in such release; (2) Be admissible in evidence before the trier of fact in the trial of a tort action, but the amount paid there-under

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shall be admissible as provided by law as evidence of the offset against the liability of an uninsured motorist carrier and as evidence of the offset against any verdict of the trier of fact; (3) Affect any duty the settling carrier owes to its insured under its policy including, without limitation, the duty to defend a subrogation claim brought against its insured; or (4) Release the tort-feasor from personal liability to the extent that there is other insurance in effect which covers the said claim or claims, but only to the extent of such other insurance. (e) The provisions of this Code section shall not be construed so as to interfere with the obligation of the insured to cooperate in his or her defense with the insurance carrier as provided in the policy of insurance. (f) The provisions of this Code Section shall not be construed to interfere with a claimant's right to pursue claims or an insurance company's obligation to pay claims based on a negligent or bad faith refusal to settle a claim or claims; provided however that the provisions of this subsection shall not be construed to create any new claim not otherwise provided by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. CONTRIBUTING TO DELINQUENCY OF A MINORPENALTIES. Code Section 16-12-1 Amended. No. 1172 (House Bill No. 533). AN ACT To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions

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with regard to offenses against the public health and morals, so as to provide penalties for contributing to the delinquency of a minor by soliciting, coercing, intimidating, or conspiring with a minor to commit a violent crime; to provide a definition; to provide for editorial revision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with regard to offenses against the public health and morals, is amended by striking Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in its place a new Code Section 16-12-1 to read as follows: 16-12-1. (a) As used in this Code section, the term; (1) `Delinquent act' means a delinquent act as defined in Code Section 15-11-2. (2) `Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States. (3) `Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;

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(2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in subsection (b) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived. (d) A person convicted pursuant to paragraph (1), (2), or (3) of subsection (b) of this Code section shall be punished as follows: (1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;

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(2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and (3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned. (e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. DOMESTIC RELATIONSSTANDING ORDER; REMOVAL OF MINOR CHILD FROM COURT JURISDICTION; HARASSMENT; SALE OF PROPERTY; REVIEW. Code Section 19-1-1 Enacted. No. 1173 (House Bill No. 679). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations

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cases; to provide for a definition; 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 1, which is currently reserved, and inserting in lieu thereof a new Chapter 1 to read as follows: CHAPTER 1 19-1-1. (a) As used in this Code section, the term `domestic relations action' shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term `domestic relations action' shall also include any direct or collateral attack on a judgment or order entered in any such action. (b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which: (1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties; (2) Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;

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(3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injuries, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and (4) Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action. (c) Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. COURTSPROBATE COURT; JURISDICTION TO TRY VIOLATIONS OF GEORGIA BOAT SAFETY ACT; WAIVER OF JURY TRIAL. Code Section 15-9-30.5 Enacted. No. 1174 (House Bill No. 710). AN ACT To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide that such

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courts shall have jurisdiction to try certain violations of Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, when the defendant waives a jury trial; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, is amended by adding, following Code Section 15-9-30.4, a new Code Section 15-9-30.5 to read as follows: 15-9-30.5. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Article 1 of Chapter 7 of Title 52, known as the `Georgia Boat Safety Act,' which constitutes a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994.

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BEAUTY PAGEANTSEXEMPTIONS; NOTICE TO ENTRANTS; ESCROW; LIABILITY FOR INDIVIDUALS. Code Sections 10-1-830 through 10-1-835 Amended. Code Sections 10-1-837 and 10-1-838 Enacted. No. 1175 (House Bill No. 965). AN ACT To amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds; to provide for escrow accounts; to provide for individual liability in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, is amended by striking in its entirety paragraph (1) of Code Section 10-1-830, relating to definitions, and inserting in lieu thereof a new paragraph to read as follows: (1) `Beauty pageant' means any contest or competition in which entrants are judged on the basis of physical beauty, skill, talent, poise, and personality and in which a winner or winners are selected as representing an ideal in one or more of these areas. `Beauty pageant' shall not include any such contest or competition in which no application fee or entrance charge is made for contestants, to which no admission charge is made for attendance, and in connection with which no tickets, chances, advertisements, or sponsorships are sold. Section 2 . Said article is further amended by striking in its entirety Code Section 10-1-831, relating to information required from operators, and inserting in lieu thereof a new Code section to read as follows:

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10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant a written document in at least ten-point type clearly containing only the following information: (1) Name, address, and telephone number of the operator; (2) Name, address, and telephone number of the individual or officer of the organization having full responsibility for the conducting of the pageant; (3) Names of pageants customarily promoted by the operator; (4) Name and address of individual authorized to accept service of process; (5) Name, address, and telephone number of the financial institution in which the entrants' fees are held; (6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832; and (7) A statement which reads as follows: `The State of Georgia requires bonding or escrow of pageants conducted for the profit of operators.' Section 3 . Said article is further amended by striking Code Section 10-1-832, relating to bond requirements, and inserting in lieu thereof a new Code section to read as follows: 10-1-832. Except for operators who are exempt from the requirements of this Code section, in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant. Such bond shall be conditioned to pay all losses, damages, and expenses that

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may be sustained by such person by reason of any violation of this title. Any person who complies with the requirements of Code Section 10-1-837 shall not be required to post the bond required by this Code section. Section 4 . Said article is further amended by striking in its entirety Code Section 10-1-833, relating to exemptions from bond requirements, and inserting in lieu thereof a new Code section to read as follows: 10-1-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit upon any participant other than any or all of the following: a beauty title, a crown, a trophy, a ribbon or a sash. To be exempt from Code Section 10-1-832 under this Code Section, pageants conducted by individuals or businesses to raise funds for nonprofit organizations shall award 100 percent of the moneys generated by the pageant to the nonprofit organization and the nonprofit organization may, if previously agreed, then pay the expenses incurred in producing the pageant. Section 5 . Said article is further amended by striking in its entirety Code Section 10-1-834, relating to cancellation or default, and inserting in lieu thereof a new Code section to read as follows: 10-1-834. If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. For pageants subject to Code Section 10-1-832, the surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator. Section 6 . Said article is further amended by striking in its entirety Code Section 10-1-835, relating to civil violation, and inserting in lieu thereof a new Code section to read as follows: 10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975,' as administered by the

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Governor's Office of Consumer Affairs, and all public and private remedies available under such part shall be available regarding violations of this article. Section 7 . Said article is further amended by adding at the end thereof new Code sections, to be designated Code Sections 10-1-837 and 10-1-838, to read as follows: 10-1-837. In lieu of obtaining the bond required by, Code Section 10-1-832, any operator may place all entrants' fees in an escrow account from which the operator cannot and does not withdraw any funds until the pageant has been held and all awards have been made. If the operator elects this option, in lieu of the information required by paragraph (6) of Code Section 10-1-831 the operator shall provide in the written statement the name, address, and telephone number of the financial institution where the escrow account is maintained and the account number of the escrow account. The operator shall maintain a record of each escrow account established for a period of five years. 10-1-838. Any individual who fails to comply with either Code Section 10-1-832 or 10-1-837 shall be individually liable for any damages or losses suffered by any participant in a pageant, without regard to whether the pageant operator is structured as a corporation, partnership, limited partnership, or any other form of business entity. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. REAL ESTATE BROKERS AND SALESPERSONSLICENSES; FEES; CORPORATIONS AND PARTNERSHIPS. Code Title 43, Chapter 40 Amended. No. 1176 (House Bill No. 1227). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons,

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so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term conviction includes first offender treatment and pleas of nolo contendere for certain offenses; to provide that the real estate commission may impose certain sanctions if the real estate commission of another state has imposed sanctions against a state licensee; to provide that a real estate broker's firm shall pay certain fees only to persons whose licenses have been assigned to such firm; to provide that if all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership; to provide that the qualifying broker for a firm which operates as a limited partnership must be the general partner; to provide that if the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof the following: 43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification.

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Section 2 . Said chapter is further amended by striking in their entireties subsections (b) and (f) of Code Section 43-40-15, relating to the granting, revocation, and suspension of real estate licenses, and inserting in lieu thereof, respectively, the following: (b) (1) As used in this Code section, the term: (A) `Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) `Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such conviction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and

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(C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. Section 3 . Said chapter is further amended by striking in their entireties subsections (c) and (e) of Code Section 43-40-18, relating to the management of real estate brokers' firms and licensed affiliates and inserting in lieu thereof, respectively, the following: (c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for: (1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;

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(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations; (5) Ensuring that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid; (6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain; (8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management authority is reasonably available to assist licensees and the public in real estate transactions handled by the firm. (e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying

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broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general 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 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. PROBATE COURTSCOSTS; OATH OF GUARDIANS AND ADMINISTRATORS; JUDGMENT AND EXECUTION AGAINST PRINCIPAL AND SURETY ON FIDUCIARY'S BOND; SALE OF PROPERTY BY TEMPORARY ADMINISTRATOR. Code Sections 15-9-60, 29-4-12, 53-6-32, 53-6-33, 53-7-50, 53-8- 23, and 53-8-24 Amended. No. 1177 (House Bill No. 1281). AN ACT To amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official

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Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians; to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualifications of administrators and executors, so as to change the provisions relative to the appointment and qualification of administrators and executors; to amend Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, so as to authorize the probate court to grant judgment and execution in favor of a surety against a principal; to amend Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate property by administrators and executors, so as to provide for sales of estate property by temporary administrators; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, is amended by adding at the end of subsection (a) of Code Section 15-9-60, relating to costs, new paragraphs (29), (30), (31), and (32) to read as follows: (29) Requests to terminate temporary guardianship of a minor 12.00 (30 Petition to remove obstruction from a private way 49.00 (31) Application by administrator for waiver of bond or grant of certain powers 49.00 (32) Alcoholics and drug users (petition to determine the issue of hospitalization under Chapter 7 of Title 37); For whole service in connection with each such case 56.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 30.00

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Section 2 . Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Before entering upon the duties of the appointment, every guardian appointed by the judge of the probate court shall take an oath or affirmation before the judge to perform well and truly the duties required of a guardian and to account faithfully to the ward for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints a guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation. Section 3 . Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, is amended by striking Code Sections 53-6-32 and 53-6-33 in their entirety and inserting in lieu thereof new Code Sections 53-6-32 and 53-6-33 to read as follows: 53-6-32. (a) Every administrator, when qualified (which qualification may be done at any time if appointed at a regular term), shall take and subscribe the following oath or affirmation: `I do solemnly swear (or affirm) that A.B., deceased, died intestate, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and disburse the same as the law requires, and discharge to the best of my ability all my duties as administrator. So help me God.' (b) The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an administrator shall have the authority to grant a commission

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to a judge or clerk of any court of record of any other state to administer the oath or affirmation. 53-6-33. (a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe the following oath or affirmation: `I do solemnly swear (or affirm) that this writing contains the true last will of the within-named A.B., deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of the state. So help me God.' (b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an executor or administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation. Section 4 . Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 53-7-50 to read as follows: 53-7-50. (a) When a judgment has been obtained against the principal and surety or sureties on the bond of an administrator, executor, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa. (b) The judge of the probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of an administrator, executor, guardian, or other fiduciary and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties.

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Section 5 . Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate property by administrators and executors, is amended by striking Code Section 53-8-23, relating to the sale of real property generally, and inserting in lieu thereof a new Code Section 53-8-23 to read as follows: 53-8-23. (a) If at any time it becomes necessary for the payment of the debts of the estate or for the purpose of distribution to sell the real property of the decedent, the administrator or executor shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason therefor; and notice of the same shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied of the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible. The order by the judge granting permission to an executor or an administrator with the will annexed to sell shall be binding, final, and conclusive as to all devisees under the will of the testator regardless of any prior assent of the executor to the devise in the will. Nothing contained in this Code section shall prevent the devisee from entering an appeal from the order within the time provided by law or from filing a claim to the real property prior to the actual sale thereof by the executor or the administrator with the will annexed. Nothing in this Code section shall prevent a bona fide purchaser or mortgagee of the real property who purchased prior to the order of the judge and who holds under a deed or mortgage duly recorded prior to the order from asserting title to the real property by showing that the executor had assented expressly or impliedly to the devise in the will prior to the order to sell. Nothing contained in this Code section shall limit the powers contained in the will of a decedent. (b) A temporary administrator of an estate shall be authorized to petition the probate court for leave to sell real property following the same procedure as prescribed for the sale of real property by administrators and executors in subsection

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(a) of this Code section; provided, however, that good cause is shown. Section 6 . Said part is further amended by striking in its entirety Code Section 53-8-34, relating to the private sale of estate property, and inserting in lieu thereof a new Code Section 53-8-34 to read as follows: 53-8-34. (a) The administrator or executor of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, to pay debts as well as for distribution. Except as otherwise provided, the method of private sale shall be in the same manner as that prescribed for the sale of property by guardians under Code Sections 29-2-3 and 29-2-4; provided, however, that the judge shall consider the petition and shall hear evidence thereon and, if the judge shall determine from a consideration of the evidence that the proposed transaction is fair and in the best interests of the estate, the judge shall, by appropriate order, permit the sale and direct the disposition of the proceeds of the sale. (b) A temporary administrator of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, for good cause shown, following the same procedure as prescribed for administrators and executors in subsection (a) of this Code section. (c) The adult heirs of the estate who reside within this state shall be served personally with a copy of the petition and citation. For the heirs who are minors or incompetents and who reside within this state, as disclosed by the petition, the judge shall, upon the petition being filed, appoint a guardian or guardians ad litem, who shall be served with a copy of the petition and citation, and such guardian or guardians ad litem shall answer the petition. As to minor or incompetent heirs who reside outside this state, as disclosed by the petition, service shall be made by the judge by registered or certified mail to the last known address of the minors or incompetents, and a guardian or guardians ad litem shall be appointed by the judge, upon the petition

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being filed, for such minors or incompetents, as provided in this subsection. As to competent adult heirs who reside outside this state, service shall be made by the judge upon such adults by registered or certified mail to the last known address of such heirs. (d) If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the estate, the judge may by appropriate order permit the sale proposed by such other party. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1994. SHERIFFSDEPOSITS IN INTEREST-BEARING ACCOUNTS; CASH RESERVES OF PROFESSIONAL BONDSPERSONS EXCLUDED. Code Section 15-16-27 Amended. No. 1178 (House Bill No. 1499). AN ACT To amend Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, so as to provide that in certain counties sheriffs shall deposit cash bonds in interest-bearing trust accounts but shall not deposit cash reserves of professional bondspersons in such accounts; 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 . Code Section 15-16-27 of the Official Code of Georgia Annotated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, is amended by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection to read as follows: (e) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds 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. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994. COMPREHENSIVE FAMILY AND INDIVIDUAL SUPPORT PLAN FOR PERSONS WITH DISABILITIESDEVELOPMENT URGED. No. 78 (House Resolution No. 808). A RESOLUTION Urging the Governor's Council on Developmental Disabilities and the Department of Human Resources in cooperation with other individuals and groups to develop a comprehensive family and individual support plan for persons with disabilities and needed legislation; and for other purposes. WHEREAS, persons with disabilities and families of persons with disabilities in challenging life circumstances have the same strengths, but face many additional obstacles, including financial pressure, isolation, daily stress, and concern for the future well-being of their children and themselves; and

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WHEREAS, each person with a disability has inherent value as an individual and as a member of a family and community; and WHEREAS, the uniqueness of each individual, family, and community must be respected and their gifts recognized and utilized; and WHEREAS, communities should affirm, expect, and welcome family and individual contributions to all facets of community life; and WHEREAS, persons with disabilities and families of persons with disabilities have the right to information, their own definition of supports they may need, options for choices, and the right to choose and exercise control over their own lives; and WHEREAS, the family however defined must be valued and its uniqueness and expertise respected; and WHEREAS, family and individual supports will focus on providing choices, developing partnerships among consumers, professionals, policymakers, and the community at large; and WHEREAS, family and individual supports should strive to create an environment where the individual is empowered to make major life decisions that are taken for granted in everyday life by people without disabilities; and WHEREAS, family and individual supports should encourage family stability. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body adopt the concepts set forth in this resolution and affirm the value of the integrity of all families and the rights of individuals with disabilities to grow up in families as full citizens and integrated participants in all aspects of community life. BE IT FURTHER RESOLVED that the General Assembly urges the Governor's Council on Developmental Disabilities and the Department of Human Resources, in cooperation

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with persons with disabilities, families of persons with disabilities, government entities, service providers, advocacy organizations, and the community to develop a comprehensive family and individual support plan and any needed supportive legislation or budget request to be presented to the General Assembly during the next regular session. 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 Governor's Council on Developmental Disabilities and the Department of Human Resources. Approved April 14, 1994. MR. WALTER LEWISCOMPENSATION. No. 79 (House Resolution No. 124). A RESOLUTION Compensating Mr. Walter Lewis; and for other purposes. WHEREAS, on August 15, 1988, Mr. Walter Lewis, a student at Abraham Baldwin Agricultural College in Tifton, Georgia, was walking on an incline outside of the library on such college campus; and WHEREAS, he stepped in a mixture of water and oil, lost his footing, fell backward, and struck his head on the pavement; and WHEREAS, Mr. Lewis suffered a severe injury to his neck and has a 10 percent permanent partial impairment to his body; and WHEREAS, as a result of this personal injury, Mr. Lewis was unable to work at his regular job in Ashburn, Georgia, for a period of 25 weeks; and

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WHEREAS, Mr. Lewis has suffered personal injury, medical expenses, and lost wages totaling $12,367.13; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Lewis, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is authorized and directed to pay the sum of $5,500.00 to Mr. Walter Lewis as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board of regents and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 14, 1994. MR. JIMMY HELTONCOMPENSATION. No. 80 (House Resolution No. 259). A RESOLUTION Compensating Mr. Jimmy Helton; and for other purposes. WHEREAS, on April 9, 1991, Mr. Jimmy Helton was driving his 1989 Ford Probe on Spring Street in Walton County; and WHEREAS, as he approached the State Highway 138 intersection, the aerial road sign across Spring Street smashed into Mr. Helton's automobile; and WHEREAS, Mr. Helton suffered property damage to his automobile in the amount of $200.00; and

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WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Helton, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $200.00 to Mr. Jimmy Helton 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 14, 1994. MR. CRAIG J. WINKLERCOMPENSATION. No. 81 (House Resolution No. 263). A RESOLUTION Compensating Mr. Craig J. Winkler; and for other purposes. WHEREAS, Mr. Craig J. Winkler has lived on property adjacent to Fifteen Mile Creek in Candler County for over six years; and WHEREAS, on August 26, 1991, employees of the Department of Natural Resources at the George L. Smith II State Park opened flood gates at the park due to high water; and WHEREAS, this resulted in property along the Fifteen Mile Creek having water three to four feet above normal flood level; and WHEREAS, Mr. Winkler's property and garage were flooded as well as the Pine Hollow Nursery operated by Mr. Winkler on such property; and

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WHEREAS, Mr. Winkler has suffered property damage in the amount of $1,400.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Winkler and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $1,400.00 to Mr. Craig J. Winkler 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 14, 1994. MS. SHIRLEY SELPHCOMPENSATION. No. 82 (House Resolution No. 339). A RESOLUTION Compensating Ms. Shirley Selph; and for other purposes. WHEREAS, on May 16, 1992, Ms. Shirley Selph was shopping at the State Farmer's Market at 2055 Eisenhower Parkway in Macon, Georgia; and WHEREAS, she tripped on broken concrete, causing her to fall and break her left knee and injure her head; and WHEREAS, Ms. Selph is unable to bend her knee and will continue to suffer pain and have difficulty walking; and WHEREAS, Ms. Selph has suffered personal injury and incurred medical expenses totaling $8,000.00 and is requesting $5,000.00 for pain and suffering; and

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WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Selph and it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is authorized and directed to pay the sum of $8,000.00 to Ms. Shirley Selph 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 14, 1994. SERGEANT RAY MCKIBBEN HIGHWAYDESIGNATED. No. 83 (House Resolution No. 730). A RESOLUTION Designating the Sergeant Ray McKibben Highway; and for other purposes. WHEREAS, the Medal of Honor was first issued by Congress during the Civil War and represents the highest U.S. military decoration awarded to service personnel who risk their lives in action beyond the call of duty; and WHEREAS, incidences of heroism in combat inspire and encourage the brave men and women of our armed forces as they confront the perils and hardship that accompany military service; and WHEREAS, Sergeant Ray McKibben of Troop B, 7th Squadron (Airmobile), 17th Cavalry, United States Army, was posthumously awarded the Medal of Honor for extraordinary courage under direct fire and profound concern for the welfare of his fellow soldiers as he valiantly destroyed four enemy

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bunkers near Song Mao in the Republic of Vietnam on December 6, 1968; and WHEREAS, the outstanding bravery and unflinching determination of this young soldier while facing desperately dangerous conditions and concentrated enemy fire enabled his patrol to accomplish its mission, and his exemplary conduct in overwhelming circumstances merits proper gratitude and recognition. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 120 in Haralson County between the intersection of Georgia Highway 100 and U.S. Highway 27 is designated as the Ray McKibben Medal of Honor 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 family of Sergeant Ray McKibben. Approved April 14, 1994. STATE PROPERTYSALE OF PROPERTY TO BROOKS COUNTY. No. 84 (House Resolution No. 744). A RESOLUTION Authorizing the conveyance of certain state-owned real property located in Brooks 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 the City of Quitman, Brooks County, Georgia; and WHEREAS, said real property, which houses a Georgia National Guard Armory, is all that tract or parcel of land lying

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and being in the City of Quitman, Brooks County, Georgia, on Old Madison Road, south of the CXS Railroad, 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 State of Georgia; and WHEREAS, said parcel and building is not being utilized by the State of Georgia and is therefore surplus to its needs; and WHEREAS, Brooks County is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA. Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the above-described real property shall be conveyed by appropriate instrument to Brooks County 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 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 Brooks County 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.

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Section 5 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brooks 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 14, 1994. MR. LOUIS HORN IIICOMPENSATION. No. 85 (House Resolution No. 767). A RESOLUTION Compensating Mr. Louis Horn III; and for other purposes. WHEREAS, Mr. Louis Horn III, a helicopter mechanic with the Department of Natural Resources, worked on aircraft at the hangar of the Department of Transportation located at 4175 South Airport Road in Atlanta, Georgia; and WHEREAS, on or about February 16, 1993, one or more persons broke into the toolbox belonging to Mr. Horn and kept in such hangar and stole numerous tools and equipment belonging to Mr. Horn; and WHEREAS, Mr. Horn has suffered property loss totaling $1,031.22; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Horn, 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 Transportation is authorized and directed to pay the sum of $1,031.22 to Mr. Louis Horn III 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 14, 1994. VENDIE HUDSON HOOKS, SR., MEMORIAL HIGHWAYDESIGNATED. No. 86 (House Resolution No. 768). A RESOLUTION Designating the Vendie Hudson Hooks, Sr., Memorial Highway; and for other purposes. WHEREAS, Vendie Hudson Hooks, Sr., served with distinction as a State Senator from Emanuel County; and WHEREAS, Vendie Hudson Hooks, Sr., worked tirelessly to bring improvements to this community; and WHEREAS, the efforts of Vendie Hudson Hooks, Sr., were of significant and lasting benefit to the citizens of this county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA in honor of his service and achievements that State Route 57 from U.S. Highway No. 1 to the Candler County line shall hereafter be known as The Vendie Hudson Hooks, Sr., Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate

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markers designating the Vendie Hudson Hooks, Sr., Memorial Highway. Approved April 14, 1994. HERBERT A. SALIBA BRIDGEDESIGNATED. No. 87 (House Resolution No. 773). A RESOLUTION Designating the Herbert A. Saliba Bridge; and for other purposes. WHEREAS, Herbert A. Saliba is a sterling example of diligence, success, and civic responsibility; and WHEREAS, he was born in Americus, Georgia, on February 28, 1918, the son of Mr. and Mrs. Mitchell Saliba; and WHEREAS, he married Sarah Frances Groves on June 26, 1940, and was a valuable resident of Byromville in Dooly County, Georgia, from 1940 until his death on March 3, 1988; and WHEREAS, he served the nation with valor as a Marine during World War II; and WHEREAS, Mr. and Mrs. Saliba raised a fine family of two daughters, Sallie Virginia Saliba Averill and Grace Griffin Saliba Akin; and WHEREAS, Herbert Saliba was a successful farmer, ginner, and peach grower whose leadership in business was valued throughout the region; and WHEREAS, he was a director or officer of many local and area corporations, including The Bank of Macon County; Mid-State Medical Enterprises; Providence Health Care, Inc.;

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Herbert Saliba, Inc.; Macon County Gin; Albany Oil Mills; and Dealer's Equipment Credit Corp.; and WHEREAS, his distinguished record of community service spanned 16 years as Dooly County Commissioner, from 1959 to 1960 and from 1965 to 1980, and included devoted duty as Trustee of Brewton-Parker College; and WHEREAS, he was Deacon of the Byromville Baptist Church and active as a Mason and a Shriner. NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Highway 90 at the boundary between Dooly County and Macon County is designated as the Herbert A. Saliba Bridge in recognition of his many contributions to his community. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Herbert Saliba 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 Mrs. Sarah Saliba. Approved April 14, 1994. GEORGIA'S WORLD WAR II VETERANSAPPRECIATION; MONUMENT STUDY. No. 88 (House Resolution No. 815). A RESOLUTION Expressing appreciation to Georgia's World War II veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War II veterans; and for other purposes.

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WHEREAS, from the birth of this nation, citizen soldiers have risked their lives to defend our freedom and our way of life; and WHEREAS, throughout World War II, in battles from North Africa to Europe, to Hawaii, and to the islands in the Pacific Ocean, Georgia men and women fought and died in order that freedom might prevail; and WHEREAS, during World War II, an estimated 324,373 Georgians answered their nation's call, 11,650 were wounded, and 4,831 made the supreme sacrifice for our country; and WHEREAS, 163,700 World War II veterans currently reside in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body express their deepest appreciation to Georgia's World War II veterans for their sacrifices and contributions for our country. BE IT FURTHER RESOLVED that the Department of Veterans Service study and consider the possibility of erecting a monument dedicated to the memory of Georgia's World War II veterans. BE IT FURTHER RESOLVED that Georgia's citizens be encouraged to remember the sacrifices and contributions of Georgia's World War II veterans and to arrange appropriate activities and ceremonies honoring them during the 50th anniversary of those war years. 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 Pete Wheeler, Commissioner of Veterans Service. Approved April 14, 1994.

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STATE PROPERTYSALE OF LISSNER HOUSE PROPERTY TO THE CITY OF BRUNSWICK. No. 89 (House Resolution No. 816). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Glynn County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Glynn County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Glynn County, Georgia, lying in and being a part of Land Lot 189 of Old Town Brunswick, containing approximately 0.16 of one acre, according to a plat of survey prepared by Joe Biletzskov, Georgia Registered Land Surveyor No. 1672, dated May 23, 1975; and WHEREAS, said property is under the custody of the Georgia Department of Labor and is known as the Lissner House; and WHEREAS, the Department of Labor has constructed new facilities for its operations in Glynn County; and WHEREAS, said parcel is not being utilized by the Georgia Department of Labor and is therefore surplus to its needs; and WHEREAS, the City of Brunswick has expressed an interest in acquiring the above-described property in order to preserve its historical significance. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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Section 2 . That the above-described real property shall be conveyed by appropriate instrument to the City of Brunswick by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 so long as the property is used for a public purpose and 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 the City of Brunswick 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 purchaser in the Superior Court of Glynn 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 Act are repealed. Approved April 14, 1994. STATE PROPERTYSALE OF PROPERTY IN GLYNN COUNTY. No. 90 (House Resolution No. 817). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Glynn 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 Glynn County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Glynn County, Georgia, lying in and being a part of Land Lot 189 of Old Town Brunswick, containing approximately 0.19 of one acre, and is described more particularly as follows: All that certain lot, tract, or parcel of land situate, lying, and being in the City of Brunswick, Glynn County, Georgia, and being shown and identified on the well-known map and plan of said City, as all of the western 49 feet by 90 feet of Old Town Subdivision Lot 189, and being more particularly described according to that certain survey prepared by C.M. German, Jr., Georgia Registered Surveyor No. 1838, dated March 4, 1986, and recorded in the office of the Clerk of Superior Court of Glynn County, Georgia in Plat Drawer 19A, as Map No. 1214, as follows, to-wit: Beginning at the point of intersection of the southernmost right-of-way line of Monck Street and the easternmost right-of-way line of Reynolds Street and from said point of beginning of the property hereby conveyed running North 72 degrees 33 minutes 10 seconds East for a distance of 49.00 feet, thence of 90.00 feet, thence turning and running South 72 degrees 33 minutes 10 seconds West for a distance of 49.00 feet, thence turning and running North 17 degrees 26 minutes 50 seconds West for a distance of 90.00 feet to the point or place of beginning of the property hereby conveyed. Reference is hereby made to said City map and said German survey for purposes of description and all other purposes. All that certain lot, tract, or parcel of land situate, lying, and being in the City of Brunswick, Glynn County, Georgia, and being shown and identified on the well-known map and plan of said City, as all of the eastern 41 feet by 90 feet of the western one-half of Old Town Subdivision Lot 189, and being more particularly described and identified according to that certain survey prepared by C.M. German, Jr., Georgia

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Registered Surveyor No. 1838, dated March 4, 1986, and recorded in the office of the Clerk of Superior Court of Glynn County, Georgia, in Plat Drawer 19A, as Map No. 1213, as follows, to-wit: Beginning at the point of intersection of the southernmost right-of-way line of Monck Street with the easternmost right-of-way line of Reynolds Street and from said point running North 72 degrees 33 minutes 10 seconds East for a distance of 49.00 feet to the point or place of beginning of the property hereby conveyed, and from said point running North 72 degrees 33 minutes 10 seconds East for a distance of 41.00 feet, thence turning and running South 17 degrees 26 minutes 50 seconds East for a distance of 90.00 feet, thence turning and running South 72 degrees 33 minutes 10 seconds West for a distance of 41.00 feet, thence turning and running North 17 degrees 26 minutes 50 seconds West for a distance of 90.00 feet to the point or place of beginning of the property hereby conveyed. Reference is hereby made to said City map and said German survey for purposes of description and all other purposes; and WHEREAS, said property is under the custody of the Georgia Department of Labor; and WHEREAS, the Department of Labor has constructed a new facility in Glynn County and the subject property is surplus to the needs of the department. 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

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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 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 purchaser in the Superior Court of Glynn 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 Act are repealed. Approved April 14, 1994. STATE PROPERTYLEASE OF PROPERTY TO THE CITY OF KENNESAW. No. 91 (House Resolution No. 818). A RESOLUTION Authorizing the leasing of certain real 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 a certain tract or parcel of real property located in Cobb County, Georgia; and

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WHEREAS, said real 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 129 of the 20th District, containing approximately 9.53 acres, and is more particularly described as follows: All that tract and parcel of land situate, lying and being in Land Lot 129 of the 20th Land District, 2nd Section, of Cobb County, Georgia, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the center line of Cherokee Street and the West right-of-way line of the Western and Atlantic Railroad, owned by the State of Georgia, and run Northerly along said West right-of-way line a distance of 2,160 feet to an iron pin, which is the POINT OF BEGINNING (said point of beginning being approximately 88 feet North of Mile Post A. 29): From the point of beginning thus established, running thence North 89 degrees 53 minutes West a distance of 363.3 feet to an iron pin on the East side of Harris Street; running thence Northerly along the East side of Harris Street a distance of 761.4 feet to an iron pin; running thence South 84 degrees 03 minutes East a distance of 897 feet to an iron pin on the West side of the right-of-way of the Western and Atlantic Railroad; running thence Southerly along the West side of the right-of-way of the said Western and Atlantic Railroad a distance of 779.8 feet to the point of beginning; and WHEREAS, said property is under the custody of the State Properties Commission and is a parcel of the Western and Atlantic Railroad right-of-way; and WHEREAS, said parcel is not being utilized by the state and is therefore surplus to its needs; and WHEREAS, the City of Kennesaw is desirous of leasing the above-described state property to be used for public purposes.

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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 referenced hereinabove described real property 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 to the City of Kennesaw for a period of ten years commencing with the execution of the lease agreement. Section 3 . That the above-described premises shall be used solely for public purposes. Section 4 . That the consideration for such lease shall be $650.00 per year and 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 resolution to lease the above-described property to the City of Kennesaw shall expire three years after the date that this resolution 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 lease. Section 8 . That this lease agreement shall be recorded by the lessee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

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Section 9 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1994. STATE PROPERTYLEASE OF PROPERTY IN CHATHAM COUNTY TO THE UNITED STATES OF AMERICA. No. 92 (House Resolution No. 819). A RESOLUTION Authorizing the leasing of certain real 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, the State of Georgia is the owner of certain real property in Chatham County which is the site of the Air National Guard Armory facilities in the custody of the Georgia Department of Defense; and WHEREAS, said tract of land is more particularly described as follows: COMMENCING at an old stone at the intersection of the south line of Chatham County Farm and the east line of East Chippewa Subdivision on the east side of Waters Road; thence S-71 - 30[UNK]-E. for a distance of 85 feet along the south line of Chatham County Farm to a point; thence N-18 - 30[UNK]-E. for a distance of 264.4 feet to a concrete monument which is the point of beginning; thence N-18 - 30[UNK]E. for a distance of 289.1 feet to a concrete monument; thence N-71 - 30[UNK]-W. for a distance of 62.89 feet to a concrete monument; thence N-17 -21[UNK]-E. for a distance of 600 feet to a concrete monument; thence S-72 - 30[UNK]-E. for a distance of 615.17 feet along the south right-of-way line of Intermediate Road to a concrete

Page 1202

monument; thence S-17 - 30[UNK]-W. for a distance of 899.6 feet to a concrete monument; thence N-71 - 30[UNK]-W. for a distance of 557.04 feet to the point of beginning, bounded on the North by Intermediate Road, on the East by lands of Chatham County, on the South by lands of Chatham County, and on the West by lands of Chatham County and Martha Cowart. All of which is more fully shown on map or plan attached hereto, and made a part hereof, recorded in Chatham County Records P R G - 185, and contains 12.25 Acres, more or less. The above-described property shall not include the 0.169 of one acre of the property conveyed to Chatham County pursuant to Resolution Act 9, S.R. 127, approved April 13, 1993 (Ga. L. 1993, p. 1126); and WHEREAS, pursuant to Resolution Act 34, H.R. 209-587e, approved February 23, 1956 (Ga. L. 1956, p. 260), the above-described state property was leased for a term of 50 years to the United States of America to be used for defense purposes; and WHEREAS, the United States of America is desirous of renewing the lease on the above-described state property; and WHEREAS, the Georgia Department of Defense encourages the renewal of said lease. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described real property 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 to the United States of America for a period of 50 years, subject to the following conditions:

Page 1203

(1) The consideration for the lease shall be $1.00 payable in advance for the term of the lease; (2) The Georgia Department of Defense shall provide to the State Properties Commission for approval a plat of survey depicting the leased area; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the authorization in this resolution to lease the above-described property to the United States of America 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 lease. Section 5 . That this lease agreement shall be recorded by the Georgia Department of Defense in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. Section 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1994. STATE PROPERTYSALE OF PROPERTY IN JENKINS COUNTY. No. 93 (House Resolution No. 823). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Jenkins County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1204

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Jenkins County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Jenkins County, Georgia, containing approximately 53 acres, and being more particularly described as follows: ALL that tract or parcel of land lying and being in the County of Jenkins, State of Georgia, and being more particularly described as follows: BEGINNING at a point where the run of Buckhead Creek intersects the northern right-of-way of the Central of Georgia Railroad; thence North 32 degrees 59 minutes East 1601.4 feet to a concrete market located at the intersection of the preceding line with the Southern right-of-way boundary line of Georgia State Highway Route No. 17; thence along said Southern right-of-way boundary North 88 degrees 0 minutes East 39.0 feet to a concrete right-of-way marker; thence along said Southern right-of-way boundary North 89 degrees 24 minutes East 581.0 feet to a concrete marker; thence South 194.8 feet to a concrete marker; thence East 125.0 feet to a concrete marker; thence South 350.0 feet to a concrete marker; thence West 260.0 feet to a concrete marker; thence South 165.0 feet to a concrete marker; thence East 650 feet to a concrete marker; thence 395.2 feet to a concrete marker located at the intersection of this line with the Northern right-of-way line of the Central of Georgia Railroad; thence South 75 degrees 17 minutes West 1834 feet, more or less, to the intersection of the run of Buckhead Creek with the Northern right-of-way line of the Central of Georgia Railroad and the point of beginning; and being the same property as that described in deeds recorded in Deed Book P-P, pages 547-548, Jenkins County, Georgia, Records. ALL that certain tract or parcel of land lying and being in the 1635th G.M. District of Jenkins County, Georgia, containing 17.1 acres, more or less, and being more particularly described as follows:

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BEGINNING at a point where the center line of Buckhead Creek intersects the Northern right-of-way line of the Central of Georgia Railroad; thence along the run of Buckhead Creek in a Northwesterly direction approximately 1425 feet to the intersection of said run with the Southern right-of-way line of Georgia State Highway Route No. 17; thence along the said right-of-way line for four courses, as follows: North 84 degrees 45 minutes East 340 feet to a right-of-way marker; thence North 5 degrees 15 minutes West 50 feet to a right-of-way marker; thence North 84 degrees 45 minutes East 147.0 feet to a right-of-way marker; thence along the arc of a curve on the right-of-way line North 88 degrees 0 minutes East 651.0 feet to a concrete marker; thence South 32 degrees 59 minutes West 1601.4 feet to the intersection of the run of Buckhead Creek with the Northern right-of-way line of the Central of Georgia Railroad and the point of beginning; and being the same property as that described in deeds recorded in Deed Book P-P, pages 546-547, Jenkins County, Georgia, Records. ALL said property surveyed by Frank J. Ford, Surveyor, dated June 20, 1955, together with the additions by John M. Mann, Surveyor, dated June 21, 1955, and is recorded in Plat Book No. 4, Folio 70. Said property is the same conveyed to the City of Millen, Georgia, by the State of Georgia, by Fee Simple Deed Without Warranty dated July 3, 1975, and recorded in the Office of the Clerk of the Superior Court of Jenkins County, Georgia, in Deed Book 1-V, pages 731-738, and of record in the Office of the Secretary of State of Georgia as Deed Record Number 6105. WHEREAS, said property was conveyed to the City of Millen on July 3, 1975, as authorized by Resolution Act No. 55, S.R. 151, approved April 25, 1975 (Ga. L. 1975, p. 1511); and WHEREAS, the City of Millen is desirous of exercising the deed restrictions requiring the property be used for public park purposes and reverting said property to the State of Georgia; and

Page 1206

WHEREAS, said property upon reversion would be in the custody of the Georgia Department of Natural Resources and will be surplus to its needs. 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 the fair market value and 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 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 purchaser in the Superior Court of Jenkins 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 Act are repealed. Approved April 14, 1994.

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JERRY D. JACKSON BRIDGEDESIGNATED. No. 94 (House Resolution No. 824). A RESOLUTION Designating the bridge across Lake Lanier on Georgia State Highway No. 53 in Hall County, Georgia, as the Jerry D. Jackson Bridge; and for other purposes. WHEREAS, the Honorable Jerry D. Jackson served in the House of Representatives of the Georgia General Assembly as a Representative from Hall, Forsyth, Dawson, and Gwinnett counties for a period of 18 years; and WHEREAS, during his period of service as a Georgia Representative, Jerry D. Jackson quickly became recognized and honored as a leader among his peers, having served on various committees including the prestigious Appropriations Committee and also served with distinction as chairperson of the Motor Vehicles Committee for a period of nine years; and WHEREAS, Jerry D. Jackson has been and continues to be a very active person in his native Hall County, serving in various civic and community affairs and has proved to be a true leader dedicated to the improvement of the quality of life of his fellow citizens; and WHEREAS, in 1988, the Department of Transportation of the State of Georgia determined that the bridge on Georgia Highway 53 spanning the waters of Lake Lanier in Hall County had developed large stress cracks in the metal beams and that such bridge was structurally unsound to the point that the bridge was threatened to be closed and was, in fact, closed to truck traffic, which closure materially impeded the flow of commerce and the affairs of the business community of Gainesville, Hall County, and other geographic regions to the north and west; and WHEREAS, the Georgia Department of Transportation determined that it did not have funds available with which to make the necessary repairs and that such bridge closure would

Page 1208

likely continue for an extended period of time. Being unwilling to accept that decision, Jerry D. Jackson, in the interest of his constituents, tenaciously pursued all avenues of state resources until state moneys were found with which to replace said bridge, and the flow of traffic was soon restored. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in honor of the tireless and unselfish service by Jerry D. Jackson to the residents of the City of Gainesville, Hall County, and the entire State of Georgia, the bridge spanning the waters of Lake Lanier on Georgia State Highway No. 53 in Hall County, Georgia, is officially named the Jerry D. Jackson 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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Honorable Jerry D. Jackson. Approved April 14, 1994. STATE PROPERTYLEASE OF PROPERTY IN BRYAN COUNTY TO GEORGIA 8 CELLULAR LIMITED PARTNERSHIP. No. 95 (House Resolution No. 842). A RESOLUTION Providing for the lease of certain state owned real property in Bryan 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 in Bryan County which is the location of a television

Page 1209

transmitter tower in the custody of the Georgia Public Telecommunications Commission; and WHEREAS, said tract of land is more particularly described as follows: All that certain tract or parcel of land in the 19 G.M.D. of Bryan County, Georgia containing 0.996 acre more or less and being more particularly described according to a plat by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated September 10, 1993 which reads as follows: From the southeast R/W intersection of Patterson Street and Vandiver Street along the east R/W of Vandiver Street S23 04[UNK]53[UNK]W for a distance of 456.00[UNK] to the point of beginning, Thence S4 14[UNK]53[UNK]W for a distance of 208.21[UNK], Thence N85 50[UNK]33[UNK]W for a distance of 208.11[UNK], Thence N4 12[UNK]52[UNK]E for a distance of 208.48[UNK], Thence S85 46[UNK]13[UNK]E for a distance of 208.24[UNK] to the point of beginning. Said tract is bounded on the north by Frances D. Strickland and Vandiver Street, on the east by Norma B. Carney and Frances D. Strickland and on the south and west by Frances D. Strickland; and WHEREAS, Georgia 8 Cellular Limited Partnership provides cellular telecommunications services in several sections of Georgia; and WHEREAS, Georgia 8 Cellular Limited Partnership is desirous of locating an existing tower in Bryan County in order to attach microwave dishes which would provide a link between signals in Statesboro and Brunswick; and WHEREAS, it has been determined that the above-mentioned state owned television tower would be the best location for said dishes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described real property and that, in all matters relating to the leasing of said property, the State of

Page 1210

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, shall lease the hereinabove described tract of land to Georgia 8 Cellular Limited Partnership for a period of five years with Georgia 8 Cellular Limited Partnership having the option to extend the primary term for four additional periods of five years each commencing with the execution of the lease agreement; provided, however, that upon the exercise of an option to extend the lease, the consideration for such lease as extended shall be an amount determined pursuant to renegotiations between Georgia 8 Cellular Limited Partnership and the State Properties Commission and under such other terms and conditions as may be determined by the State Properties Commission. Section 3 . That the consideration for such initial term of lease shall be $12,000.00 per year. Section 4 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $12,000.00 per year is to be remitted to the State of Georgia. Section 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 6 . That this lease agreement shall be recorded by the lessee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1994.

Page 1211

STATE PROPERTYLEASE OF PROPERTY IN RABUN COUNTY TO NORTHLAND PREMIER CABLE LIMITED PARTNERSHIP. No. 96 (House Resolution No. 859). A RESOLUTION Authorizing the leasing of 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 75 of the 2nd District and is more particularly described as follows: Beginning at an iron pin 125[UNK] S 65 degrees-00E of an iron pin on the N. E. corner of a 25[UNK] square plot of land presently leased to Spartan Broadcasting Co.; Thence S 65 degrees-00 E 50[UNK] to an iron pin; Thence N 25 degrees-00 E 50[UNK] to an iron pin; Thence N 65 degrees-00W 50[UNK] to an iron pin; Thence S 25 degrees-00W to an iron pin to the beginning point. Said plot containing 0.057 acres; and being part of the State of Georgia Parks Department lands; and WHEREAS, said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and WHEREAS, the said property has been leased to Northland Premier Cable Limited Partnership and its predecessor, Mountain View Enterprises, Inc., since May 23, 1969, pursuant to Resolution Act 96, S.R. No. 102, approved April 28, 1969 (Ga. L. 1969, p. 1116), and is the site of a cable television tower; and

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WHEREAS, Northland Premier Cable Limited Partnership is desirous of renewing said lease; and WHEREAS, Northland Premier Cable Limited Partnership has provided valuable educational programs through its system to Rabun County schools and others; and WHEREAS, the Department of Natural Resources has no objection to the renewing of the above-described lease. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described real property 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 to Northland Premier Cable Limited Partnership for a period of ten years commencing with the execution of the lease agreement. Section 3 . That the consideration for such lease shall be $450.00 per year payable in advance for the term of the lease and 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 4 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $450.00 per year is to be remitted to the State of Georgia. Section 5 . That the authorization in this resolution to lease the above-described property to Northland Premier Cable Limited Partnership shall expire three years after the date that this resolution becomes effective.

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Section 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 7 . That this lease agreement shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. 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 resoltuion are repealed. Approved April 14, 1994. STATE PROPERTYLEASE OF PROPERTY IN RABUN COUNTY TO SPARTAN RADIOCASTING COMPANY. No. 97 (House Resolution No. 861). A RESOLUTION Authorizing the leasing of 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 and is more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at a point that is common to Land Lots 47, 48, 65 and 66 of

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Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees 45 minutes west to an iron pin, which point is the POINT OF BEGINNING of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees 00 minutes east 25 feet to an iron pin and the POINT OF BEGINNING, as the same is shown on a certain January 10, 1964 plat of survey prepared by J.G. Nixon, Georgia Registered Land Surveyor No. 312., a copy of which is on file in the offices of the State Properties Commission; and WHEREAS, said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and WHEREAS, the said property has been leased to Spartan Radiocasting Company since June 26, 1980, pursuant to Resolution Act 142, H.R. 586-1591, approved April 2, 1980 (Ga. L. 1980, p. 1490), and is the site of a television translator tower; and WHEREAS, Spartan Radiocasting Company is desirous of renewing said lease; and WHEREAS, the Department of Natural Resources has no objection to the renewing of the above-described lease. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described real property 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

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the hereinabove described tract of land to Spartan Radiocasting Company for a period of ten years following the expiration of the lease entered into pursuant to said 1980 resolution, subject to the following conditions: (1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease; (2) The term of such lease shall begin May 1, 1995, and expire April 30, 2005; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the authorization in this resolution to lease the above-described property to Spartan Radiocasting Company 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 lease. 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 this lease agreement shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission. Section 7 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1994.

Page 1216

CARLTON H. COLWELL PROBATION DETENTION CENTERDESIGNATED. No. 98 (House Resolution No. 863). A RESOLUTION Designating the Carlton H. Colwell Probation Detention Center; and for other purposes. WHEREAS, Honorable Carlton H. Colwell has served as a member of the House of Representatives representing Gilmer, Union, Fannin, and Lumpkin counties for the past 30 years; and WHEREAS, he has served for 22 years as Chairman of the House State Institutions and Property Committee and for 30 years as a member of the House Appropriations Committee; and WHEREAS, he has sponsored much of the legislation aimed at reforming Georgia's criminal justice system and was instrumental in securing the legislative support for many of the modernizations and improvements in Georgia's correctional facilities; and WHEREAS, through his leadership, appropriate steps were taken to ease the overcrowding in Georgia's prisons, muchneeded probation detention centers were constructed, and adequate funding has been committed for these significant capital outlay projects; and WHEREAS, in light of his deep commitment to the security and safety of the citizens of Georgia, it is only fitting that a facility dedicated to those purposes be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body recognize the outstanding contributions of their colleague, Honorable Carlton H. Colwell, to Georgia's correctional system and commend the members of the Board of Corrections for their desire to publicly recognize and honor him.

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BE IT FURTHER RESOLVED that the Board of Corrections is authorized and directed to designate the Northeast Probation Detention Center in Blairsville, Georgia, as the Carlton H. Colwell Probation Detention Center and to affix an appropriate plaque at the entrance to such center for that purpose. 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 Board of Corrections and to Honorable Carlton H. Colwell. Approved April 14, 1994. MR. NELSON O. SCOGGINSCOMPENSATION. No. 99 (House Resolution No. 906). A RESOLUTION Compensating Mr. Nelson O. Scoggins; and for other purposes. WHEREAS, Mr. Nelson O. Scoggins, a Senior Mechanic with the Department of Transportation, works out of the Athens-Clarke County Routing Maintenance Headquarters at 450 Old Hull Road in Athens, Georgia; and WHEREAS, on July 30, 1992, at the end of the business day, Mr. Scoggins left his tools locked in the tool compartment of the Department of Transportation truck No. 451-0760 which was parked in the maintenance building that was locked at the end of the business day; and WHEREAS, during the night of July 30-31, 1992, an assortment of tools which Mr. Scoggins had accumulated over a period of 30 years were stolen from such truck locked in the maintenance building; and

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WHEREAS, Mr. Scoggins has suffered property loss totaling $6,169.30; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Scoggins and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $6,169.30 to Mr. Nelson O. Scoggins 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 14, 1994. PRIVATE GEORGE W. LEE, JR., MEMORIAL BRIDGE AND JAMES E. BILLY MCKINNEY BRIDGEDESIGNATED. No. 100 (House Resolution No. 925). A RESOLUTION Designating the Private George W. Lee, Jr., Memorial Bridge and the James E. Billy McKinney Bridge; and for other purposes. Part 1 WHEREAS, Private George W. Lee, Jr., was a native son of Georgia, born and reared in Willacoochee, Georgia; and WHEREAS, he answered his country's call to travel across the seas to defend freedom during World War II; and WHEREAS, he served valiantly and honorably with the 60th F.A. Battalion in the United States Army; and WHEREAS, he was killed in action on July 22, 1944, in the Battle of St. Lo, in France; and

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WHEREAS, his final resting place is in the United States Military Cemetery near the village of St. Laurent (Calvados), France; and WHEREAS, his family and friends would appreciate a memorial to this brave soldier in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge spanning the Alapaha River on Georgia Highway 135 between Willacoochee and Lakeland, Georgia, is designated as the Private George W. Lee, Jr., Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating such 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 Private George W. Lee, Jr. Part 2 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the birdge on Bankhead Highway in Fulton County crossing Interstate 285 be designated as the James E. Billy McKinney Bridge and that the Department of Transportation erect signs designating such bridge. Approved April 14, 1994. GA 96 AG JOINT STEERING COMMITTEECREATION. No. 101 (House Resolution No. 937). A RESOLUTION Creating the GA 96 AG Joint Steering Committee; and for other purposes.

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WHEREAS, agriculture is the number one industry in the State of Georgia; and WHEREAS, as the state's number one industry, Georgia's food and fiber sectors contribute more than $38.6 billion to the state's economy, thereby accounting for 21 percent of Georgia's economic output, 17 percent of the employment, and 14 percent of the value added; and WHEREAS, Georgia's agricultural breadth and diversity is among the greatest in the United States, thereby generating national and global leadership in several areas of production; and WHEREAS, the world will converge on Georgia soil for the 1996 Centennial Olympic Games; and WHEREAS, more than two million people are expected to visit the state and to have an economic impact of over $5 billion to the state; and WHEREAS, the Georgia agricultural community seeks to support the Atlanta Committee for the Olympic Games in hosting the Olympic Games and further aims to seize the opportunity and meet the challenges the Olympic Games present by satisfying the needs and demands of those people from throughout the world who will be visiting this great state; and WHEREAS, the purpose of this committee will be to channel the efforts of the agricultural community with regard to supporting and meeting demands of the 1996 Centennial Olympic Games, and it will serve to give focus and charge to all sectors of agriculture willing to participate. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the GA 96 AG Joint Steering Committee to guide the involvement of the agricultural industry in activities for and surrounding the 1996 Centennial Olympic Games. BE IT FURTHER RESOLVED that the steering committee shall consist of six members. The chairman of the House Agriculture and Consumer Affairs Committee shall serve as a

Page 1221

member of the committee and shall serve as cochairperson. The chairman of the Senate Agriculture Committee shall serve as a member of the committee and shall serve as cochairperson. The Speaker of the House of Representatives or his designee shall serve as a member of the committee. The President of the Senate or his designee shall serve as a member of the committee. The Commissioner of Agriculture or his designee shall serve as a member of the committee. The Commissioner of Industry, Trade, and Tourism or his designee shall serve as a member of the committee. A cochairperson shall call all the meetings of the committee. BE IT FURTHER RESOLVED that the committee invite and involve all organizations and interested individuals dedicated and willing to support the 1996 Centennial Olympic Games and Georgia agriculture, including, but not limited to: The Atlanta Committee for the Olympic Games; Georgia Farm Bureau Federation; Georgia Agri-Business Council; Georgia Forestry Association; Forest Farmers of Georgia; Georgia Poultry Federation; Georgia Peanut Producers Association; Peanut Advisory Board; Georgia Cattlemen's Association; Georgia Vegetable Growers Association; Georgia Pork Producers; Georgia Milk Producers; Georgia Dairy Products Association; Georgia Soybean Association; Georgia Pecan Growers Association; Georgia Peach Council; Georgia Corn Growers Association; Georgia Apple Council; Georgia Beekeepers Association; Georgia Blueberry Association; Georgia Brahman Breeders Association; Georgia Cotton Warehouse Association; Georgia Polled Hereford Association; Georgia Watermelon Growers Association; Vidalia Onion Committee; Agricultural Chemicals Association of Georgia; Southern Ag Chemicals Association; American Dairy Association; Georgia Golden Guernsey Breeders Association; Georgia Holstein Association; Georgia Horse Foundation; Southeast Farm and Power Equipment Association; Atlanta Farmer's Club; Georgia Young Farmers Association; Federation of Southern Cooperatives; Georgia Feed and Grain Association; Georgia Plant Food and Educational Society; Georgia Aquaculture Association; Catfish Farmers of America; Georgia Christmas Tree Association; Georgia Grape Growers Association; Georgia Homemakers Council; Georgia Commercial Flower Growers Association; Georgia Green

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Industries Association; Georgia Turfgrass Foundation; Georgia Nurserymen's Association; Georgia Seedsmen Association; Georgia State Florists Association; Southeastern Meat Association; Southeastern Poultry Egg Association; Atlanta Produce Dealers Association; Georgia Commodity Commissions for Apples, Cotton, Eggs, Forestry, Milk, Peaches, Peanuts, Soybeans, Sweet Potatoes and Tobacco; Georgia National Fair and Exposition; Georgia Agrirama; Sunbelt Agricultural Exposition; as well as any and all groups, organizations, government agencies, and others that represent or interact with aquaculture, beef cattle, cotton, dairy, eggs, environmental horticulture, equine, feed grains, forestry, fruits, goats and sheep, hay, honeybees, peanuts, pecans, poultry meat, ratites, soybeans, swine, tobacco, vegetables, and any other agricultural pursuits of Georgia agriculture that are willing and able to participate in this endeavor. BE IT FURTHER RESOLVED that the steering committee shall study the needs and issues mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The steering 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. Members of the committee, except the executive branch members, shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. 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, 1994. The committee shall stand abolished on December 31, 1994. Approved April 14, 1994.

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RALPH COUNTRY BROWN HIGHWAYDESIGNATED. No. 102 (House Resolution No. 961). A RESOLUTION Honoring Ralph Country Brown and designating the Ralph Country Borwn Highway; and for other purposes. WHEREAS, during the late 1940s and early 1950s, Ralph Country Brown was the electrifying and beloved centerfielder for the Atlanta Crackers baseball team, one of the country's finest minor league teams of any era; and WHEREAS, a natural athlete, he excelled in both football and baseball as a youngster in his hometown of Summerville in Chattooga County, Georgia; and WHEREAS, after fine-tuning his baseball skills while playing for the United States Army team for four years during World War II, he began his professional career in 1946 in Tampa, Florida, where he set a baseball record of 13 hits in 13 at bats, a record which still stands in both the minor and major leagues; and WHEREAS, he arrived in the City of Atlanta 1948 to play for the Atlanta Crackers and his natural flair and explosive speed made him a fan favorite; and WHEREAS, memories abound of Country roaming centerfield in fabled Ponce de Leon Park, making plays around and under the famous Magnolia tree, stealing bases, and drag bunting like no other player before or since; and WHEREAS, he batted.338 in 1948 and.313 in 1949 for the Atlanta Crackers and his lifetime average in 1,069 Southern Association games was.297; and WHEREAS, in honor of his spectacular baseball career and in tribute to his indelible contributions to baseball legend and lore, Ralph Country Brown was inducted into the Georgia

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Sports Hall of Fame on February 12, 1994, the first Atlanta Cracker so honored; and WHEREAS, Ralph Country Brown currently serves as magistrate of the Magistrate Court of Chattooga County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor Ralph Country Brown for his contributions to the sport of baseball and congratulate him on his deserved induction into the Georgia Sports Hall of Fame. BE IT FURTHER RESOLVED that that portion of U. S. Highway 27 between the city limits of the City of Summerville and the city limits of the City of Trion is designated the Ralph Country Brown 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 and to the Honorable Ralph Country Brown. Approved April 14, 1994. GEORGIA STATE MUSEUM AND STATE LIBRARY STUDY COMMISSIONCREATION. No. 103 (House Resolution No. 962). A RESOLUTION Creating the Georgia State Museum and State Library Study Commission; and for other purposes. WHEREAS, the State of Georgia currently has certain state museum and state library facilities; and

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WHEREAS, questions have been raised with respect to the suitability of these facilities to meet today's needs; and WHEREAS, the location of state museum facilities in the state capitol building in particular raises issues of adequacy of the building to accommodate this use as well as other uses, as well as possible public safety and fire safety issues; and WHEREAS, a comprehensive study should be made with respect to whether the needs of the state would be better served by the location of a combined state museum and state library facility in the state capitol area or elsewhere. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia State Museum and State Library Study Commission to be composed of nine members, 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) Two members appointed by the Governor who shall not be members of the General Assembly; (4) The Secretary of State; (5) The State School Superintendent; and (6) The Executive Director of the Georgia Building Authority. The Governor shall designate one of the Governor's appointees to serve as the chairperson of the commission. The chairperson shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study and make recommendations on what actions or legislation may be needed with respect to the issues discussed

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above. The commission shall be authorized by majority vote of its membership to expend funds appropriated or otherwise available to the commission for the purposes of such study, including the engagement of staff services or professional services determined by the commission to be needed for the purposes of its study. BE IT FURTHER RESOLVED that the commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislators serving on the commission shall receive from legislative funds the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. Nonlegislative members who are not state officials may receive from funds appropriated or otherwise available to the legislative branch of state government a daily expense allowance and reimbursement for travel expenses in the same manner as legislative members of interim legislative committees. State officials who are members shall be reimbursed for travel expenses from funds of their respective agencies. The commission shall make a report of its findings and recommendations and suggestions for proposed legislation, if any, no later than December 31, 1994, at which time the commission shall stand abolished. Approved April 14, 1994. STATE PROPERTYBARROW COUNTY; LEASE. No. 104 (House Resolution No. 1003). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Barrow County, Georgia, in exchange for termination of a lease of certain other real property owned by the State of Georgia in Barrow County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting

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laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract or parcel of real property located in Barrow County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Barrow County, Georgia, lying in and being a part of the 243rd G.M.D., containing approximately 76 acres more or less, according to a survey prepared for the Barrow County Recreation Department dated February 15, 1994, and marked on such survey in three parcels as (1) 38.770 acres designated as Tract 1; (2) 27.340 acres designated as Tract 2; and (3) 10.310 acres designated as (Fort Yargo State Park) on file with the State Properties Commission and incorporated as a part of this resolution by reference; and WHEREAS, two parcels of said real property, designated on the survey described and incorporated above as Tract 1 and (Fort Yargo State Park) were leased to Barrow County, Georgia, by the Department of Natural Resources by lease dated October 23, 1970, for a term of 50 years, such lease to end on December 30, 2020; and WHEREAS, the third parcel of said real property, designated on the survey described and incorporated above as Tract 2, is in the custody of the Department of Natural Resources; and WHEREAS, the governing authority of Barrow County, Georgia, is desirous of exchanging the remaining term of the lease of the parcel designated on the survey described and incorporated above as (Fort Yargo State Park) for a lease on the parcel designated on the survey described and incorporated above as Tract 2 for use in expanding a county park and constructing additional facilities for park uses; and WHEREAS, the Department of Natural Resources is desirous of regaining control of the parcel designated on the survey described and incorporated above as (Fort Yargo State Park) for the purposes of preserving such parcel as wetlands.

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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 referenced hereinabove-described real property located in the 243rd G.M.D. 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 parcel designated on the survey described and incorporated above as Tract 2 to Barrow County, Georgia, for a period to end on December 30, 2020. Section 3 . That the parcel designated as Tract 2 on the survey described and incorporated above shall be used solely for public purposes. Section 4 . That the consideration for such lease shall be the termination of the presently existing 50 year lease on the parcel of 10.310 acres designated on the survey described and incorporated above as (Fort Yargo State Park) between the Department of Natural Resources and Barrow County, Georgia, and upon such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of Georgia. Section 5 . That the authorization in this resolution to lease the parcel designated on the survey described and incorporated above as Tract 2 shall expire three years after this resolution becomes effective. Section 6 . That the instrument or instruments terminating the lease on the parcel designated on the survey described and incorporated above as (Fort Yargo State Park) and setting out the lease on the parcel designated on the survey described and incorporated above as Tract 2 as authorized by this resolution shall be recorded by the governing authority of Barrow County in the Superior Court of Barrow County, Georgia.

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Section 7 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the leasing of the parcel designated on the survey described and incorporated above as Tract 2 and the termination of the lease of the parcel designated on the survey described and incorporated above as (Fort Yargo). 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 14, 1994. STATE PROPERTYCOASTAL CENTER FOR DEVELOPMENTAL SERVICES, INC. AND GWINNETT/ROCKDALE/NEWTON CREATIVE ENTERPRISES., INC.; LEASES. No. 105 (House Resolution No. 1002). A RESOLUTION Authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County, Georgia and in Gwinnett County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes. Part 1 WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia; and WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in the 6th G.M. District of Chatham County, Georgia consisting of 2.232 acres of land more particularly described as follows:

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Commencing at a point located at the southwest corner of the intersection of the rights-of-way of Eisenhower and Seawright Drives; running thence south 17 30[UNK] west, along the west edge of the right-of-way of Seawright Drive, for a distance of 300 feet to a concrete monument, being the point of beginning; continuing thence south 17 30[UNK] west along the west edge of the right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north 72 30[UNK] west for a distance of 179.95 feet to a point; running thence south 86 56[UNK] 30[UNK] west for a distance of 85.44 feet to a point; running thence south 17 30[UNK] west for a distance of 160 feet to a concrete monument; running thence north 72 30[UNK] west for a distance of 346 feet to a concrete monument; running thence north 17 30[UNK] east for a distance of 240 feet to a concrete monument; running thence south 72 30[UNK] east for a distance of 346 feet to a concrete monument; continuing thence south 72 30[UNK] east for a distance of 259.95 feet to a concrete monument and the point of beginning; said 2.232 acre tract being also shown as a 1.906 acre tract plus a.326 acre tract on a certain survey plat dated June 14, 1974 and revised September 16, 1974 prepared by Barrett Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof. The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham County, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham County, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia in Deed Record Book 72 K's, Folio 264; and WHEREAS, said property is under the custody of the Department of Human Resources; and

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WHEREAS, said parcel is currently rented to Coastal Center for Developmental Services, Inc.; and WHEREAS, Coastal Center for Developmental Services, Inc., is desirous of leasing the above-described state property in order to make certain improvements; and WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the referenced hereinabove described improved real property 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 improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution of the lease agreement. Section 3 . That the consideration for such lease shall be $1,000.00 per year and 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 4 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia. Section 5 . That the authorization in Part 1 of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution becomes effective.

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Section 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. Section 7 . That this lease agreement shall be recorded by the lessee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. Section 8 . That Part 1 of 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 Part 1 of this resolution are repealed. Part 2 WHEREAS, the State of Georgia is the owner of a certain tract or parcel of improved real property located in Gwinnett County, Georgia; and WHEREAS, said real property is all that certain lot, tract or parcel of land, situate, lying and being in Gwinnett County, Georgia, more particularly described as follows: All that tract or parcel of land containing 2.212 acres and situated, lying and being in Land Lot 13 of the 7th Land District of Gwinnett County, Georgia, and being more particularly shown and delineated on a certain April 18, 1977, Plat of Survey prepared for the State of Georgia, Dept. of Human Resources, by Gwinnett County Engineering Department, more particularly William F. Rolader, Georgia Registered Land Surveyor No. 2042 and entitled SURVEY FOR: STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES:. WHEREAS, said property is under the custody of the Department of Human Resources; and WHEREAS, said parcel is currently rented to Gwinnett/Rockdale/Newton Creative Enterprises, Inc.; and

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WHEREAS, Gwinnett/Rockdale/Newton Creative Enterprises, Inc., is desirous of leasing the above-described state property in order to make certain improvements; and WHEREAS, the Department of Human Resources has no objection to the leasing of the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 10 . That the State of Georgia is the owner of the referenced hereinabove described improved real property 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 11 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of improved property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., for a period of ten years commencing with the execution of the lease agreement. Section 12 . That the consideration for such lease shall be $1,000.00 per year and 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 13 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia. Section 14 . That the authorization in this resolution to lease the above-described property to Gwinnett/Rockdale/Newton Creative Enterprises, Inc., shall expire three years after the date that this resolution becomes effective. Section 15 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

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Section 16 . That this lease agreement shall be recorded by the lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. Section 17 . That Part 2 of 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 Part 2 of this resolution are repealed. Approved April 14, 1994. REGINALD TRICE PARKWAYDESIGNATED. No. 106 (House Resolution No. 1037). A RESOLUTION Commending Honorable Reginald Trice and designating the Reginald Trice Parkway; and for other purposes. WHEREAS, Honorable Reginald Trice has been a long time resident and supporter of Macon and Bibb County; and WHEREAS, the Middle Georgia community has long benefited from his talents and contributions; and WHEREAS, after being appointed to the State Highway Board, Mr. Trice was elected in 1963 as the first chairman of such board after it became a Constitutional Board and he served with distinction until 1971; and WHEREAS, during his tenure on the board, his integrity and astute business-like leadership consistently pointed Georgia's highway builders to the path of progress; and

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WHEREAS, it is very appropriate to honor an individual who has so positively contributed to the success of his community and state; and WHEREAS, during his tenure on the State Highway Board, great strides were made in the construction of Interstate 75 through Georgia and particularly Bibb County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in recognition of his contributions to this state and his community and in order to memorialize him for generations yet to come, that the segment of Interstate 75, including the north and south lanes, from the Monroe County line south to its junction with Interstate 16 is hereby designated the Reginald Trice Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating said Reginald Trice Parkway. 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 14, 1994. FIRE PROTECTION AND SAFETYINSTALLATION OF SMOKE DETECTORS IN ALL BUILDINGS. Code Section 25-2-40 Amended. No. 1179 (Senate Bill No. 530). AN ACT To amend Code Section 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormitories

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shall have installed smoke detectors in good working order; to provide that the Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery-operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments; 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 25-2-40 of the Official Code of Georgia Annotated, relating to smoke detectors in new dwellings, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 25-2-40. (a) (1) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer's recommendations and listing. (2) On and after July 1, 1994, every dwelling and every dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory which was constructed prior to July 1, 1987, shall have installed an approved battery-operated smoke detector which shall be maintained in good working order unless any such building is otherwise required to have a smoke detector system pursuant to Code Section 25-2-13. (b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics; provided, however, that

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hotels and motels which are protected throughout by an approved supervised automatic sprinkler system installed in accordance with the rules and regulations of the commissioner shall be exempt from the requirement to install smoke detectors in interior corridors but shall be subject to all other applicable requirements imposed under Code Section 25-2-13. (c) In dwellings, dwelling units, and other facilities listed in paragraph (1) of subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas. (d) Detectors shall be listed and meet the installation requirements of NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1, 1992, except where battery-operated smoke detectors are allowed. (e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFPA 72. (f) The provisions of this Code section may be enforced by local building and fire code officials in the case of residential buildings which are not covered by Code Section 25-2-13; provided, however, that this Code section shall not establish a special duty on said officials to inspect such residential facilities for compliance with this Code section; provided, further, that inspections shall not be conducted for the purpose of determining compliance with this Code section absent reasonable cause to suspect other building or fire code violations. The jurisdiction enforcing this Code section shall retain any fines collected pursuant to this subsection. Any occupant who fails to maintain a smoke detector in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in good working order as required in this Code section shall be subject to a maximum fine of

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$25.00, provided that a warning shall be issued for a first violation. (g) Failure to maintain a smoke detector in good working order in a dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or occupancy of such dwelling, dwelling unit, or other facility listed in subsection (a) of this Code section. (h) The Safety Fire Commissioner is authorized and encouraged to inform the public through public service announcements of the availability of a limited number of battery-operated smoke detectors which may be obtained by persons in need without charge from the office of the Safety Fire Commissioner or local fire departments. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. PUBLIC UTILITIESLIMOUSINE CARRIERS; CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; ANNUAL INSPECTIONS; CHAUFFEUR PERMITS; PREEMPTION OF LOCAL REGULATION; RATES AND CHARGES; PUBLIC SERVICE COMMISSION. Code Section 46-1-1 Amended. Code Sections 46-7-85.1 through 46-7-85.17 Enacted. No. 1180 (Senate Bill No. 317). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change a definition; to provide for the issuance of certificates

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of public convenience and necessity to limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a certificate from the commission; to provide that certificates are nontransferable; to provide for revocation or suspension of certificates; to provide for annual inspections; to provide for chauffeur permits; to provide for the power of the commission; to provide that general law preempts regulation of limousine carriers by any other political subdivision of the state; to provide that a limousine carrier is required to file a tariff of rates and charges; to provide for notice; to provide for temporary permits; to provide for issuance of certificates to limousine carriers operating on May 1, 1994; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows: (xiii) Vehicles, except limousines, transporting not more than ten 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; . Section 2 . Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by redesignating current Articles 3 and 4 as Articles 4 and 5, respectively, and by adding a new Article 3 to read as follows: ARTICLE 3 46-7-85.1. As used in this article, the term:

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(1) `Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission. (2) `Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commission to drive a limousine under this article. (3) `Commission' means the Public Service Commission. (4) `Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) `Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract. (6) `Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. (7) `Public highway' means every public street, road, or highway in this state. 46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.

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46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commission a certificate of public convenience and necessity to do so. 46-7-85.4. (a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle. 46-7-85.5. (a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment. (b) The commission shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. 46-7-85.6. No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commission. 46-7-85.7. The commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds: (1) The violation of any of the provisions of this article;

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(2) The violation of an order, decision, rule, regulation, or requirement established by the commission pursuant to this article; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services. 46-7-85.8. After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier. 46-7-85.9. Pursuant to rules and regulations prescribed by the commission, each chauffeur employed by a limousine carrier shall register with the commission and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commission shall prescribe. The chauffeur's permit shall be valid for two calendar years. The commission may issue a chauffeur's permit by mail. 46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commission. The applicant must: (1) Be at least 18 years of age;

Page 1243

(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and (3) (A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation. (B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction. 46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities

Page 1244

may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees. 46-7-85.12. A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges. 46-7-85.13. Before the commission shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter. 46-7-85.14. A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commission having first received satisfactory proof that it meets the insurance requirements of the rules and regulations of the commission. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit. 46-7-85.15. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.

Page 1245

46-7-85.16. Any person doing business in this state as a limousine carrier who is registered as such with the commission as of May 1, 1994, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to continue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees. 46-7-85.17. The commission shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article. Section 2 . This Act shall be effective on May 1, 1994. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. PROFESSIONS AND BUSINESSESSTRUCTURAL PEST CONTROL; INSURANCE COVERAGE FOR CERTAIN DAMAGES. Code Section 43-45-9 Amended. Code Section 43-45-24.1 Enacted. No. 1181 (House Bill No. 1341). AN ACT To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance coverage to the State Structural Pest Control Commission showing that such business is insured against bodily injury and property damage claims and claims for pollution liability from certain causes; to provide for the amounts of coverage required; to provide that professional or business licenses shall not be issued to any business

Page 1246

not complying with the insurance requirements; to provide for civil penalties and the enforcement thereof; to provide for negotiated settlements; to provide for practices and procedures; to provide for orders, hearings, notices and the service thereof, and actions; to provide for the disposition of penalties; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, is amended by adding at the end of Code Section 43-45-9, relating to examination for certification as an operator of a business of structural pest control, a new subsection (d) to read as follows: (d) Each applicant for a license shall submit with the application and each licensee shall submit at the time of renewal of the license a certificate of insurance verifying coverage from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $50,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences, and shall insure the licensee's business against bodily injury and property damage claims. The insurance shall also cover claims for pollution liability caused by sudden and accidental discharge or release of pollutants. No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance requirements of this subsection are met. Policies shall contain a cancellation provision whereby notification of cancellation is made to and received by the commission not less than 30 days prior to the cancellation. Section 2 . Said chapter is further amended by adding, following Code Section 43-45-24, a new Code Section 43-45-24.1 to read as follows: 43-45-24.1. (a) Any licensee, operator, registered employee, or any other person violating this chapter, any

Page 1247

rule or regulation of the commission or the Commissioner promulgated pursuant to this chapter, or any condition or limitation of any license or registration imposed pursuant to this chapter may be liable for a civil penalty of not more than $10,000.00 per violation. Such penalty may be imposed in addition to or in lieu of the suspension, cancellation, or revocation of a license, certification, or registration or any other enforcement action authorized by this chapter or any other provision of law. The consent of the entity or person against whom the penalty is to be imposed shall not be required for the imposition of such penalty. (b) Whenever the Commissioner determines that any licensee, operator, registered employee, or any other person has violated this chapter, any rule or regulation of the commission or the Commissioner promulgated pursuant to this chapter, or any condition or limitation of any license or registration imposed pursuant to this chapter, the Commissioner may issue an administrative order imposing a civil penalty as provided in subsection (a) of this Code section for the violation without a hearing unless a person subject to the order petitions for a hearing. Any person who is aggrieved or adversely affected by such order shall, upon written petition within 10 days after the service of the order on such person, have a right to a hearing before a hearing officer appointed by the Commissioner. Failure to petition for a hearing within such time period shall constitute a waiver of the right to a hearing. The order and notice shall be served in person by the Commissioner or the Commissioner's agent or by certified mail, return receipt requested. In the case of a licensee, operator, or registered employee, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by certified mail, return receipt requested, to the address provided by such person in such person's most recent application. The order shall contain or be accompanied by a notice of opportunity for a hearing which states that a hearing must be petitioned for in writing within 10 days of the service of the order. If a hearing is petitioned for within such ten-day period, the administrative order is stayed pending a final decision by the hearing officer. Upon receipt of a written petition for a hearing, the Commissioner shall schedule the hearing

Page 1248

before a hearing officer appointed by the Commissioner, unless postponed by mutual consent, within 30 days of the receipt by the Commissioner of the petition. The Commissioner shall give the person petitioning for the hearing notice of the time and place of the hearing by certified mail to the address specified in the petition for a hearing at least 15 days prior to the date of the hearing. The hearing before the hearing officer shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the rules and regulations adopted by the commission or the Commissioner pursuant thereto. Any party to the hearing, including the Commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. (c) All civil penalties recovered by the Commissioner as provided in this Code section shall be paid into the state treasury. (d) Informal disposition or settlement may be made of any contested case or action by stipulation, agreed settlement, consent order, or default. (e) Except as otherwise provided in this Code section or by any other provision of this chapter, all proceedings under this Code section shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the rules and regulations adopted by the commission and the Commissioner pursuant thereto. (f) Any order of the hearing officer issued after a hearing as provided in this Code section or any order of the Commissioner issued pursuant to this Code section, either unappealed from as provided in this Code section or affirmed or modified on any review or appeal pursuant to this Code section, and from which no further review is taken or allowed under this Code section, may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the Commissioner in the superior court of the county wherein such person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the

Page 1249

county wherein the violation occurred or in which jurisdiction is appropriate, whereupon such superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. MENTAL HEALTHCLINICAL NURSE SPECIALIST; POWERS AND DUTIES. Code Sections 37-3-41 and 37-7-41 Amended. No. 1183 (Senate Bill No. 312). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alcoholic or drug dependent individuals; to define a term; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (d) of Code Section 37-3-41, relating to emergency transport of a person for involuntary evaluation of mental illness, in its entirety and inserting in its place the following:

Page 1250

(d) Any psychologist, clinical social worker, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this subsection, the term `psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist, the term `clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker, and the term `clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health. Section 2 . Said title is further amended by striking subsection (d) of Code Section 37-7-41, relating to emergency transport of a person who is an alcoholic, drug abuser, or drug dependent individual for involuntary evaluation, and inserting in its place the following: (d) Any psychologist, clinical social worker, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this subsection, the term `psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist, the term `clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker, and the term `clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of

Page 1251

Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. GEORGIA SPORTS HALL OF FAMECREATED. Code Title 12, Chapter 3, Article 7, Part 12 Enacted. Code Section 45-7-21 Amended. No. 1184 (House Bill No. 1187). AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership, and compensation of the authority; to provide that the sole compensation payable to the members shall be a daily expense allowance and reimbursement for transportation costs; to provide for perpetual existence; to provide for the powers and duties of the authority and the members thereof; to provide for the assignment of the authority to the Department of Community Affairs for administrative purposes only; to provide for the purposes of the authority; to provide for contracts; to provide for acquisition, management, control, and disposition of property; to provide for officers, agents, and employees; to provide for loans and grants; to provide for bylaws, rules, and regulations; to provide for fixing, altering, charging, and collecting of fares, rents, rates, and other charges and fees; to provide for contracts with the Georgia State Financing and Investment Commission and other authorities, departments, and agencies of the State of Georgia; to provide for advisory committees and panels; to provide for site selection; to provide for the sale of alcoholic beverages; to provide for tax exemptions; to provide for the exercise of police powers and the

Page 1252

delegation thereof; to provide for a security force and the powers and duties thereof; to provide for trust funds; to provide for use of earnings; to provide for the duties of the Attorney General; to provide for actions and venue and for jurisdiction of such actions; to provide for accounts and audits; to prohibit conflicts of interest; to provide for voiding of certain contracts and transactions; to provide for the issuance of revenue bonds and the practices, procedures, and requirements connected therewith; to provide for the proceeds of such bonds; to provide for trust indentures; to provide for the rights and remedies of bondholders and trustees; to provide for expenses; to provide for sinking funds; to provide for refunding bonds; to provide for the validation and confirmation of bonds; to provide for review and approval of the issuance of bonds of the authority by the Georgia State Financing and Investment Commission; to provide for the status of bonds as legal investments for fiduciaries and as securities for deposit; to provide for the powers and duties of the Department of Community Affairs; to provide for other matters relative to the foregoing; to 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 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GEENRAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end thereof a new Part 12 to read as follows: Part 12 12-3-560. This part shall be known and may be cited as the `Georgia Sports Hall of Fame Authority Act.' 12-3-561. As used in this part, the term: (1) `Authority' means the Georgia Sports Hall of Fame Authority.

Page 1253

(2) `Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and durig construction and for one year after completion of constructionn; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determinig the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia (3) `Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes. 12-3-562. (a) There is created a body corporate and politic to be known as the Georgia Sports Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of 13 members, two of whom shall be appointed by the President of the Senate, who shall serve for terms of six years, two of whom shall be appointed by the Speaker of the House of Representatives, who shall serve for terms of six years, and three of whom shall be members of the Georgia Sports Hall of Fame Board

Page 1254

created in Code Section 50-12-60. Members of the authority from the Georgia Sports Hall of Fame Board shall be designated by the Governor and shall serve on the authority for terms of office which are the same as their terms of office on the Georgia Sports Hall of Fame Board. The other six members and successors to such members shall be appointed by the Governor and confirmed by the Senate and shall serve for terms of office of six years. The Governor shall consider different areas of the state when making appointments to the authority. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. (c) Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (d) The members of the authority shall receive 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. (e) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.

Page 1255

(g) The authority is assigned to the Department of Community Affairs for administrative purposes only. 12-3-563. The corporate purpose and general nature of the business of the authority shall be: (1) Constructing and maintaining a facility to house the Georgia Sports Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere; provided, however, that only persons selected by the Georgia Sports Hall of Fame Board shall be honored in the Georgia Sports Hall of Fame; and (2) Operating, advertising, and promoting the Georgia Sports Hall of Fame. 12-3-564. The authority is authorized: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; (4) To make contracts and to execute all instruments necessary or convenient, including contracts for

Page 1256

construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (8) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (9) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority; (10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business

Page 1257

may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business; (11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; (12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority; (13) To do all things necessary or convenient to carry out the powers and purposes of the authority; (14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority; (16) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; (17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the

Page 1258

issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; (19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks; (20) To select a site for the building of a state sports hall of fame; provided, however, that the initial site of such facility shall be located in Macon, Georgia, if the City of Macon, prior to January 1, 1995, donates land therefor in the general area of the location of the Georgia Music Hall of Fame; and (21) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority. 12-3-565. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia convenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the

Page 1259

operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. 12-3-566. The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located. 12-3-567. The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a law enforcement officer of the county in which he or she is discharging his or her duties. 12-3-568. All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part. 12-3-569. The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use

Page 1260

of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project. 12-3-570. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 12-3-571. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Bibb County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States. 12-3-572. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.

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(c) Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 16-10-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority. 12-3-573. (a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. (b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for

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all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state. (e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority. (f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section. (g) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. (h) The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.

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(i) Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members. (j) Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by such department, board, commission, or agency with the authority. (k) (1) In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority. (2) Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such

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provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (3) The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. (4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. (5) All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.

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(l) The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide. (m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide. (n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. (o) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided

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in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. (p) Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. (q) Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.

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(r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. (s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds. (t) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Georgia Sports Hall of Fame Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.

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(u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission. (v) The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. 12-3-574. The Department of Community Affairs is authorized to construct, erect, acquire, and own the project, as defined in this part. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project. Section 2 . 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 (12), by replacing the period at the end of paragraph (13)

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with the symbol and word ; and, and by adding thereafter a new paragraph (14) to read as follows: (14) Georgia Sports 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. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. REVENUESALES AND USE TAX; EXEMPTION FOR OFF-ROAD EQUIPMENT USED EXCLUSIVELY FOR GROWING OR HARVESTING TIMBER. Code Section 48-8-3 Amended. No. 1185 (House Bill No. 1762). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an exemption with respect to the sale or use of certain off-road equipment and related attachments used exclusively for the purpose of growing and harvesting timber; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by adding a new paragraph immediately following paragraph (29), to be designated paragraph (29.1), to read as follows:

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(29.1) The sale or use of any off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing and harvesting of timber and which are used exclusively in site preparation, planting, cultivating, and harvesting timber. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, loaders, dozers, and motor graders and their related attachments. Any person making a sale of such off-road equipment or related attachments for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase such off-road equipment or related attachments without paying the tax;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. DOMESTIC RELATIONSFAMILY VIOLENCE; BAIL; HEARINGS FOR PETITIONS; PERMANENT ORDERS; INCOME DEDUCTION ORDERS; HEARINGS; CERTAIN EXCEPTIONS REMOVED; PATERNITY; HOSPITAL ASSISTANCE; DEFAULT JUDGMENTS; OBJECTIONS; DETERMINATIONS OF OTHER STATES; GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED; POWERS AND AUTHORITY OF HEARING OFFICERS. Code Sections 17-6-1, 19-6-30, 19-6-33, 19-7-40, 19-7-46, 19-7-47, 19-11-14, 19-13-3, 19-13-4, and 50-13-13 Amended. Code Section 19-7-27 Enacted. No. 1186 (Senate Bill No. 555). AN ACT To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to provide that certain

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persons arrested without a warrant upon acts of family violence shall not be eligible for bail prior to an appearance before a judicial officer; to provide for increased bail and specific conditions for release for offenses involving an act of family violence; to provide for bail only before a judge in certain offenses involving family violence and serious injury; to provide a definition; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a right to a hearing when an income deduction is ordered because of a one-month delinquency in child support; to provide for a hospital based program for establishment of paternity; to provide that hospitals shall assist in the acknowledgment of paternity process; to provide for establishment of paternity in an administrative proceeding; to provide for default judgments in paternity cases; to provide for time limits for objections to paternity test results; to provide that the courts of this state shall give full faith and credit to the determination of paternity by any other state; to remove certain exceptions to the applicability of income deductions; to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition; to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, so as to provide for the conversion of such orders to permanent orders; to provide for notice and a hearing; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, so as to grant certain powers and authority to hearing officers conducting administrative hearings; 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.5 . Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-1, relating to where offenses

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are bailable, procedure, schedule of bails, and appeal bonds, and inserting in lieu thereof the following: 17-6-1. (a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and (10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection. (b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (2) Except as otherwise provided in this chapter:

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(A) A person charged with violating Code Section 40-6-391 whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (4) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and (B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21. (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 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. (c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being

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held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice. (2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice. (3) Notice sent to the superior court pursuant to paragraph (1) or (2) of this subsection shall include any incident reports and criminal history reports relevant to the detention of such person. (d) A person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section may petition the superior court requesting that such person be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition. (e) A court shall be authorized to release a person on bail if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

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(3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (f) (1) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. (2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements. (3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section, the term `serious injury' means bodily harm capable of being perceived

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by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury. (g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies. (h) Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge's circuit. However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that one-year period. (i) As used in this Code section, the term `bail' shall include the releasing of a person on such person's own recognizance. Section 1 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (1) of subsection (c) of Code Section 19-6-33,

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relating to notice and service of income deduction orders, in its entirety and inserting in lieu thereof the following: (1) When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, the obligor, within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payors of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor. Section 2 . Said title is further amended by adding a new Code Section 19-7-27 to read as follows: 19-7-27. Upon the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides perinatal services shall: (1) Provide the child's mother and alleged father if he is present at the hospital the opportunity to acknowledge paternity consistent with the requirements of Code Section 19-7-46.1. (2) Provide to the mother and alleged father: (A) Written materials about paternity establishment; (B) The forms necessary to voluntarily acknowledge paternity;

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(C) A written description of the rights and responsibilities of acknowledging paternity; and (D) The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment. Section 3 . Said title is further amended by striking Code Section 19-7-40, relating to jurisdiction of the courts to determine paternity, in its entirety and inserting in lieu thereof the following: 19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. (b) Whenever the Department of Human Resources seeks to establish paternity for the benefit of a child for whom public assistance is being received or a child who is not the recipient of public assistance whose custodian has applied for services for the child, the putative father may voluntarily waive in writing his right to a trial by jury in the superior court and consent to the administrative determination of paternity pursuant to Chapter 13 of Title 50; provided, however, that if the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the putative father's demand for trial by jury or before the judge without a jury during the same term in the event that the putative father having made a demand for trial by jury thereafter withdraws said demand. The administrative determination shall have the same force and effect as a judicial decree. Section 4 . Said title is further amended by striking subsection (a) of Code Section 19-7-46, relating to admission of evidence at trial to determine paternity, in its entirety and inserting in lieu thereof the following:

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(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity blood test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, 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. Section 5 . Said title is further amended by striking Code Section 19-7-47, relating to actions for paternity determinations, in its entirety and inserting in lieu thereof the following: 19-7-47. (a) Any proceeding brought under this article is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to appear and testify. (b) If in any paternity action an answer has not been filed within the time required by Chapter 11 of Title 9, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs. If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence. Section 6 . Said title is further amended by striking Code Section 19-11-14, relating to liability of a father for support

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of a child born out of wedlock, in its entirety and inserting in lieu thereof the following: 19-11-14. (a) Whenever a man has been adjudicated by a court of competent jurisdiction or an administrative tribunal as the father of a child born out of wedlock or whenever he has acknowledged paternity under oath in an administrative hearing, in court, or by verified writing, he shall be legally liable for the support of the child in the same manner as he would owe the duty of support if the child were his child born in wedlock. The right of the child born out of wedlock to receive such support is enforceable in a civil action, notwithstanding any other provision of law. (b) For the purposes of Chapter 11 of Title 19 only, the courts of this state shall give full faith and credit to a determination of paternity made by another state whether established through voluntary acknowledgment or through administrative or judicial processes. Section 6.5 . Said title is further amended by striking subsection (c) of Code Section 19-6-30, relating to when child support obligations are subject to income deduction, in its entirety and inserting in lieu thereof the following: (c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. Section 7 . Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, is amended by striking subsection (c) in its entirety and inserting in its place the following: (c) Within ten days of the filing of the petition under this article or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled

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within the county where the case is pending within the 30 day period the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree. Section 8 . Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection to read as follows: (c) Any such orders granted under this Code section shall not remain in effect for more than six months; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to a permanent order. Section 9 . Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, is amended by striking subsection (b) of Code Section 50-13-13, relating to an opportunity for a hearing in contested cases, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) In proceedings before the agency, the hearing officer, or any representative of the agency authorized to hold a hearing, if any party or an agent or employee of a party disobeys or resists any lawful order of process; or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or after taking the oath or affirmation as a witness; or after taking the oath or affirmation, refuses to testify, the agency, hearing officer, or other representative shall have the same rights and powers given the court under Chapter 11 of Title 9, the `Georgia Civil Practice Act.' If any person or party refuses as specified in this subsection, the agency, hearing officer, or other representative may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt. The agency, hearing officer or other representative shall have the power to issue

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writs of fieri facias in order to collect fines imposed for violation of a lawful order of the agency, hearing officer, or other representative. (c) Except in cases in which a hearing has been demanded under Code Section 50-13-12, subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court. Section 10 . This Act shall become effective on April 1, 1994. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990DEFINITIONS; COMMISSION REPRESENTATION. Code Title 20, Chapter 3, Article 7, Part 1A Amended. No. 1187 (House Bill No. 929). AN ACT To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Nonpublic Postsecondary Educational Institutions Act of 1990, so as to change the provisions relating to definitions; to change the exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor; to change certain minimum standards; to provide for financial reports; to change the activities prohibited and provide for violation and penalties; to change the provisions relating to application; to change the provisions relating to bonds

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and fees; to change the provisions relating to discontinuation of operations; to change the provisions relating to the tuition guaranty trust fund; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Nonpublic Postsecondary Educational Institutions Act of 1990, is amended by striking Code Section 20-3-250.2, relating to definitions, and inserting in its place the following: 20-3-250.2. As used in this part, the term: (1) `Agent' means any natural person owning any interest in, employed by, or representing for remuneration a nonpublic postsecondary educational institution within or outside this state and who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself or herself out to residents of this state as representing a nonpublic postsecondary educational institution for any such purpose. (2) `Agent's permit' means a nontransferable written authorization issued to a natural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institution. (3) `Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities.

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(3.1) `Board of trustees' or `board' means the Board of Trustees of the Tuition Guaranty Trust Fund provided for in Code Section 20-3-250.27. (4) `Certificate' means a diploma or similar document indicating satisfactory completion of training in a course or program of study, not leading to a postsecondary degree, which is offered by a nonpublic postsecondary educational institution. (5) `Commission' means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4. (6) `Course' means any plan or program of instruction or study, whether conducted in person, by mail, or by any other method. (7) `Date of notice' means the date the notice is mailed by the executive director. (8) `Education' or `educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, study, or testing. (9) `Educational credentials' means certificates, degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a nonpublic postsecondary educational institution. (10) `Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, or trust. (11) `Executive director' means the executive director of the Georgia Student Finance Commission.

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(11.1) `Gross tuition' means the total amount collected by a postsecondary educational institution during the most recently completed 12 month fiscal year, reduced only by the amount of refunds paid during the fiscal year, for tuition, application fees, registration fees, and those other fees deemed appropriate by rule or regulation of the commission; provided, however, that for a postsecondary educational institution located outside of this state which is authorized only for the purpose of advertising and recruiting in this state, or is authorized only for the purpose of offering instruction by correspondence or any telecommunications or electronic media technology, or a combination of these purposes, `gross tuition' means only the amount of such tuition and fees collected from residents of this state. (12) `Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary educational institution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location outside Georgia. (13) `Notice to the postsecondary educational institutions' means written correspondence sent to the address of record for legal service contained in the application for a certificate of authorization as provided for in this part. (14) `Owner' of a postsecondary educational institution means: (A) In the case of a postsecondary educational institution owned by an individual, that individual; (B) In the case of a postsecondary educational institution owned by a partnership, all full, silent, and limited partners; and (C) In the case of a postsecondary educational institution owned by a corporation, the corporation and each shareholder owning shares of issued and

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outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) `Person' means any individual, firm, partnership, association, corporation, or other private entity. (16) `Postsecondary degree' means a credential conferring on the recipient thereof the title of `Associate,' `Bachelor,' `Master,' or `Doctor,' or an equivalent title, signifying educational attainment based on: (A) Study; (B) A substitute for study in the form of equivalent experience or achievement testing; or (C) A combination of the foregoing, provided that `postsecondary degree' shall not include any honorary degree or other so-called `unearned' degree. (17) `Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate. (18) `Postsecondary educational institution' means a postsecondary degree-granting or certificate-granting nonpublic college or university or a proprietary school, offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance, or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges, universities, or other institutions that engages in, purports to engage in, or intends to engage in any type of postsecondary activity.

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(19) `Proprietary school' or `school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code Section 20-3-250.3, and: (A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study are available through classroom instruction, correspondence, or any telecommunications or electronic media technology, or any combination thereof, to a person or persons for the purpose of training such person for work in a business, trade, or technical or industrial occupation. (20) `School employee' means any person, other than any `owner' as defined in paragraph (14) of this Code section, who directly or indirectly receives compensation from a postsecondary educational institution for services rendered. (21) `Student' means any person who contracts to pay for and be the recipient of any course defined in paragraph (6) of this Code section. (22) `Support' or `supported' means the primary source or having as the primary source from which a postsecondary educational institution derives revenue to perform its operation. (23) `Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (24) `To grant' means awarding, selling, conferring, bestowing, or giving.

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(25) `To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (26) `To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. (27) `Tuition guaranty fund' or `fund' means the Tuition Guaranty Trust Fund provided for in Code Section 20-3-250.27. Section 2 . Said part is further amended by striking Code Section 20-3-250.3, relating to exemptions, and inserting in its place the following: 20-3-250.3. (a) The following education and postsecondary educational institutions are exempted from this part except as expressly provided to the contrary: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively;

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(4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions: (A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan to attend such institutions; (7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation; (9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligible to sit for the examination;

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(10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; (11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic institute of paper science and technology offering graduate degrees and which is allied with a public research university and accredited by a national or regional accrediting agency recognized by the United States Department of Education; (12) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; (13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year; (14) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic medical school accredited by the Liaison Committee on Medical

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Education and a national or regional accrediting agency recognized by the United States Department of Education; and (15) Any college or university that confers both associated and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 209-3-250.27. (b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part. (c) A postsecondary educational institution which is also regulated pursuant to the provisions of Title 43 shall be exempted only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, subsections (a) and (b) of Code Section 20-3-250.6, and Code Section 20-3-250.11. (d) A postsecondary educational institution which has been granted an exemption from provisions of this part pursuant to paragraph (6) of subsection (a) of this Code section shall subsequently submit an annual statement to the commission which affirms that the institution continues to meet the requirements for exempt status as listed in paragraph (6) of subsection (a) of this Code section. The statement shall be submitted using a form provided by the commission. The commission may request information on the form concerning the names of programs of study offered and the titles of degrees, diplomas, certificates, or other credentials conferred. Institutions which qualify for exempt status may include class components or subjects which are nonreligious in nature but relate to the church related work being performed by the institution. The commission may also authorize an annual visitation by the commission staff to the institution.

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Section 3 . Said part is further amended by striking Code Section 20-3-250.4, relating to the membership of the Nonpublic Postsecondary Education Commission, and inserting in its place the following: 20-3-250.4. (a) There is established the Nonpublic Postsecondary Education Commission consisting of 12 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms. (b) Two members of the commission shall be appointed to represent degree-granting nonpublic postsecondary educational institutions and two members shall be appointed to represent nonpublic postsecondary educational institutions which grant certificates only. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institution. (c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves. (d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor's appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office.

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(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission. (f) The members of the commission shall serve without compensation, but on presentation of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly. (g) A majority of the commission shall constitute a quorum for the conduct of business, but not less than six voting members must concur in order for the commission to take official action. (h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment. Section 4 . Said part is further amended by striking Code Section 20-3-250.6, relating to minimum standards for educational institutions, and inserting in its place the following: 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compliance with the following minimum standards: (1) A nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards: (A) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;

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(B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality; (C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each director and instructor shall satisfactorily meet educational qualifications and other requirements established by the commission; (D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies consistent with standards adopted by the commission; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment; (E) That upon satisfactory completion of training, the student is given appropriate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student; (F) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attendance, progress, and performance;

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(G) That the institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations, relative to the safety and health of all persons upon the premises; (H) That the institution is financially sound and capable of fulfilling its commitments to students; (I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair; (J) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution; (K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes; (L) That the institution has and maintains a reasonable and proper policy, consistent with standards adopted by the commission, for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the institution fails to begin a course or withdraws or is discontinued therefrom prior to completion, which policy shall take into account those costs to the institution that are not diminished by the failure of the student to enter or complete the course of instruction; (M) That the institution maintains a policy of allowing any student a minimum of 72 hours from the date of the contract or agreement to cancel any

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contract or rescind any agreement to become a student at the institution and that in the event of any such cancellation or rescission, the student shall receive a refund of the total tuition and fees, if any, paid to the institution at the time of or in connection with the execution of the contract or agreement and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the institution; and (N) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institution or institutions which meet the minimum standards established in this Code section and the criteria established under paragraph (2) of subsection (b) of Code Section 20-3-250.5. (b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addition thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as necessary and advisable because of the specialized nature and objective of the operation of the postsecondary educational institution. (c) Institutions otherwise exempt from certain provisions of this part under paragraphs (7), (10), (11), (12), and (14) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(1)(H) of this Code section, and, because of such requirement, each such institution shall provide the commission with audited financial statements as performed by an independent certified public accountant and at such times as the commission shall require. The commission

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may impose a fee to be paid by such institutions to offset the cost of receiving and reviewing such audited financial statements. Institutions otherwise exempt from certain provisions of this part under subsection (c) of Code Section 20-3-250.3 shall be required to submit annual financial reports to the commission when applying for annual renewal of exemption or authorization using the reporting format provided by the commission. In addition thereto, institutions otherwise exempt from certain provisions of this part under paragraph (10) of subsection (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8, 20-3-250.10, and 20-3-250.27. The reports to the Governor and to the General Assembly required by subsection (h) of Code Section 20-3-250.27 shall include a summary of the commission's findings from its review of audited financial statements required by this subsection. (d) The commission shall be authorized to adopt rules pertaining to the content and format of financial reports to be submitted by postsecondary educational institutions applying for authorization to operate in this state. Section 5 . Said part is further amended by striking Code Section 20-3-250.7, relating to prohibited activities, and inserting in its place the following: 20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in concert with others, shall: (1) Operate in this state a nonpublic postsecondary educational institution or conduct postsecondary activities in this state unless issued a current certificate of valid authorization by the executive director; (2) Offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside this state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (3) Solicit prospective students without being authorized by the executive director to do so and without

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being bonded if required to do so by Code Section 20-3-250.10; (4) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit; (5) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate, or misleading; (6) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission; (7) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course, unless the promisor or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ

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said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him or her where such information, training, or skill is a normal condition of employment; (8) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, other misrepresentation, or by any person soliciting students without a permit; or (9) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honorary or unearned degrees without authorization to do so from the commission. (b) No person, agent, group, or entity of whatever kind shall use the term `college' or `university' without authorization to do so from the commission unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part. Nonpublic postsecondary educational institutions operating in this state which are otherwise exempted from this part pursuant to Code Section 20-3-250.3 shall be subject to the provision of this subsection. (c) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (d) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certification of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. (e) Any contract entered into with any person for any course of instruction by or on behalf of any owner, employee, agent, or other representative of a nonpublic postsecondary

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educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. (f) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates this Code section, Code Section 20-3-250.8, or willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to comply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18. Section 6 . Said part is further amended by striking Code Section 20-3-250.8, relating to application to operate or conduct postsecondary activities, and inserting in its place the following: 20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond if required by Code Section 20-3-250.10 and subsection (c) of Code Section 20-3-250.27 and shall be accompanied by payment of the fees specified in Code Section 20-3-250.11; provided, however, that when making application to the commission for authorization to operate, those institutions exempt from certain provisions of this part pursuant to the provisions of paragraph (10) of subsection (a) of Code Section 20-3-250.3 or subsection (c) of Code Section 20-3-250.3 shall be required to submit only those documents pertaining to provisions of this part from which such institutions are not exempt.

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(b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An application for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section. (c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the executive director may specify. (d) The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information: (1) The date of issuance, effective date, and term of authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof; (4) Any limitation of the authorization, as deemed necessary by the executive director; (5) The signature of the executive director or such person as may have been designated by the executive director; and

Page 1302

(6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director. (e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time. (f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of failure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purpposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate. (g) At least 60 days to the expiration of an authorization to operate, the institution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section. (h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization. (i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain authorization from the executive director before it offers any course not offered by the institution at the time its most recent authorization was granted. The commission by regulation shall establish procedures and standards for authorization of such additional course offerings.

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Section 7 . Said part is further amended by striking Code Section 20-3-250.10, relating to surety bonds, and inserting in its place the following: 20-3-250.10. (a) At the time an initial application or application for a branch facility is made for authorization to operate, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety theron shall in no event exceed the penal sum of the bond. The bond may be continuous. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the minimum amount of the bond required by subsecrtion (a) of this Code section shall be based on the gross tuition of the nonpublic postsecondary educational institution during the previous year or on the estimated gross Gross Tuition Minimum Bond $ 0.00 - $ 50,000.00 $ 20,000.00 50,001.00 - 100,000.00 30,000.00 100,001.00 - 200,000.00 50,000.00 200,001.00 - 300,000.00 75,000.00 300,001.00 - 400,000.00 100,000.00 400,001.00 and over 150,000.00

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(2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of filing a bond in an amount equal to the total income collected by the institution during the previous fiscal year or the estimated total income for the current year, whichever is larger; provided, however, the amount so determined shall be rounded off to the next highest $1,000.00. (c) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate, unless the amount of the bond must be increased because of increased gross tuition to comply with requirements of subsection (b) of this Code section. (d) The surety bond to be filed under this Code section shall cover the period of the authorization to operate except when a surety shall be released as provided in this Code section. A surety on any bond filed under this Code section may be released therefrom after such surety shall serve written notice thereof on the executive director at least 90 days prior to such release; but such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or that person's parent or guardian or class thereof for loss or damage resulting from any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto alleged to have occurred while such bond was in effect or from an institution's ceasing operations during the term for which tuition has been paid while such bond was in force. (e) Authorization for an institution to operate shall be suspended by operation of law when such institution is no longer covered by a surety bond as required by this Code section, but the executive director shall cause such institution to receive at least 30 days' written notice prior to the release of the surety to the effect that such authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as the bond being terminated.

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(f) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section. Section 8 . Said part is further amended by striking Code Section 20-3-250.11, relating to collection of fees, and inserting in its place the following: 20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission. The commission is authorized to establish the following fees and fee schedules: (1) Separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's relative cost of performing its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected gross tuition of those institutions; (2) Initial and renewal fees for agents' permits; (3) Special fees for the evaluation of postsecondary educational institutions; (4) Fees authorized pursuant to Code Section 20-3-250.27; and (5) Special fees to offset other identified administrative costs. All fees collected pursuant to this part, except fees collected pursuant to Code Section 20-3-250.27, shall be deposited in the state treasury to the credit of the general fund, and no fees collected under this part shall be subject to refund, except as provided in Code Section 20-3-250.27. Except as otherwise indicated in this part, the fees to be collected by

Page 1306

the commission under this part shall accompany an application for authorization to operate or an agent's permit. (b) The commission will pay all costs for evaluation committees that may be necessary to implement this part. Section 9 . Said part is further amended by striking Code Section 20-3-250.17, relating to discontinuation of operations of nonpublic postsecondary educational institutions, and inserting in its place the following: 20-3-250.17. In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records shall include, at a minimum, such information as is customarily required by colleges or other postsecondary educational institutions when considering students for transfer or advanced study and, as a separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the executive director, the executive director may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records. The executive director shall maintain or cause to be maintained a permanent file of such records coming into his or her possession. Section 10 . Said part is further amended by striking Code Section 20-3-250.22, relating to prohibited activities, and inserting in its place the following: 20-3-250.22. Reserved. Section 11 . Said part is further amended by striking Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund, and inserting in its place the following:

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20-3-250.27. (a) It is the purpose of this Code section to create a trust fund from participation fees from postsecondary educational institutions to enable such institutions, collectively, to protect students against financial loss when a postsecondary educational institution closes without reimbursing its students and without completing its educational obligations to its students. (b) (1) Effective on July 1, 1992, the Tuition Guaranty Trust Fund is created. The participation fees received by the commission from postsecondary educational institutions pursuant to the provisions of subsections (c) and (d) of this Code section shall be deposited in a special account designated `Tuition Guaranty Trust Fund' and shall be held in trust by the board of trustees provided for in paragraph (2) of this subsection for the purpose of carrying out the provisions of this Code section. The money in the fund may be invested by said board of trustees in any bonds and other securities of agencies of the government of the United States and bonds and other securities of state and local governments. The earnings from such investments shall be deposited to the credit of the Tuition Guaranty Trust Fund and shall be available for the same purposes as other money deposited in the fund. (2) The fund shall be administered by the Board of Trustees of the Tuition Guaranty Trust Fund. The board of trustees shall consist of five members of the commission designated by majority vote of the commission, but one of such members shall be a representative of a nonpublic nondegree-granting postsecondary educational institution, and one of such members shall be a representative of a nonpublic degree-granting postsecondary educational institution. The five members of the commission who are so designated shall serve for such terms of office as members of the board as the commission shall establish by rule or regulation. The commission shall appoint one of the members so designated as chairman of the board. The executive director shall also serve as executive director and secretary of the board. Three members of the board must vote in agreement in order for the board to take official action. The commission may by rule or regulation

Page 1308

provide for another member of the commission to serve in the place of a member of the board who is absent from a meeting of the board. (c) (1) All postsecondary educational institutions operating in this state, except those which are exempt from the provisions of this Code section pursuant to Code Section 20-3-250.3, shall participate in the tuition guaranty fund. Those postsecondary educational institutions specified in paragraphs (10) and (15) of subsection (a) of Code Section 20-3-250.3 and in subsection (c) of Code Section 20-3-250.3 shall participate in the tuition guaranty fund. (2) Postsecondary educational institutions which were authorized to operate in this state prior to July 1, 1990, and which have maintained continuous authorization in this state since July 1, 1990, and institutions which have been continuously licensed since July 1, 1990, pursuant to the provisions of Title 43 and were authorized by the commission prior to July 1, 1992, shall participate in the fund and shall not be required to provide surety bonds as provided in Code Section 20-3-250.10; provided, however, that any surety bond provided by an institution before July 1, 1992, shall remain in effect for one full year after the effective date of such surety bond. (3) Postsecondary educational institutions which are currently authorized to operate in this state and which were first authorized to operate in this state on or after July 1, 1990, shall participate in the fund for five years of continuous authorized operation and shall provide the surety bonds required in Code Section 20-3-250.10; provided, however, that such surety bonds shall no longer be required of any such institutions which have maintained two full years of continuous authorized operation to the present. Any institution which fails to maintain continuous authorization in this state, and which subsequently applies for reinstatement of its certificate of authorization, must provide a surety bond for two full years following reinstatement of authorization.

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(d) (1) In addition to any other fees required by this part, the commission shall by regulation establish fees to be paid annually by postsecondary educational institutions for participation in the tuition guaranty fund. The fees shall be based on gross tuition collected during a year by each postsecondary educational institution. If an institution has not operated for a full year, its participation fee shall be based initially on its projected gross tuition for the first full year of operation. At the conclusion of the first year, the fee for that year shall be adjusted to reflect actual gross tuition. The annual fee established by the commission shall be sufficient, when added to the earnings of the fund, to create a balance in the fund of at least $500,000.00 by July 1, 1997. The board of trustees shall notify the commission when the fund balance exceeds $500,000.00, and, except as otherwise provided in paragraph (2) of this subsection, upon receiving such notification, the commission shall cease collection of participation fees from postsecondary educational institutions which have contributed to the fund for at least five years. The commission, upon notification from the board of trustees, shall reestablish collection of participation fees from such participating postsecondary educational institutions at any time the fund balance is less than $475,000.00. At such time, fees shall be collected from such participating institutions according to a schedule adopted by the commission based on gross tuition in amounts sufficient to raise the fund balance to $500,000.00. (2) Each postsecondary educational institution which is first authorized to operate in this state after July 1, 1992, and is required to participate in the fund for five years of continuous authorized operation under the provisions of paragraph (3) of subsection (c) of this Code section shall be required to pay participation fees for such period of time notwithstanding the amount in the tuition guaranty fund. If the balance in the fund exceeds $500,000.00, participation fees shall be collected from each such institution according to the fee schedule adopted by the commission pursuant to paragraph (1) of this subsection.

Page 1310

(3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claims experience ever cause the balance in the fund to exceed $1,025,000.00, the commission, upon being notified by the board of trustees, shall make refunds to post-secondary educational institutions which have participated in the fund for at least five years, so that the fund balance is reduced to $1 million. Any such refund shall be determined by the commission in proportion to the total participation fees paid by a postsecondary educational institution until the time of the refund; provided, however, no reimbursement shall be made to any postsecondary educational institution whose students have been reimbursed from the fund or from bond forfeiture as provided in subsection (g) of this Code section. The commission shall establish by regulation the time and other procedures and requirements for making any such refund, but refunds shall be issued no more than once during a fiscal year. (e) The annual cost incurred by the commission and by the board of trustees in administering the Tuition Guaranty Trust Fund, including expenses incurred in collecting from defaulting postsecondary educational institutions the amounts paid from the fund to or on behalf of students pursuant to the provisions of subsection (g) of this Code section, shall be paid from the fund; provided, however, such annual administrative costs shall not exceed 2.5 percent of the participation fees collected from postsecondary educational institutions during the fiscal year. The commission shall issue a report annually to each postsecondary educational institution participating in the fund. The report shall provide an evaluation of the financial condition of the fund and a summary of claims paid or other expenditures from the fund during the immediately preceding fiscal year. (f) The commission shall establish by regulation a late payment fee for the failure of a postsecondary educational institution to pay its participation fee at the time established by regulation of the commission for the payment of such fees. An application for authorization to operate or for the renewal thereof may be denied under Code Section 20-3-250.12 for failure to pay participation fees. Late payment

Page 1311

fees shall be paid into the fund. Any authorization to operate may be revoked, suspended, or made conditional under Code Section 20-3-250.13 for failure to pay participation fees. (g) (1) Except as otherwise provided in paragraph (2) of this subsection, in the event a postsecondary educational institution participating in the fund goes into bankruptcy or ceases operations without fulfilling its educational obligations to its students or without reimbursing its students, the board of trustees may reimburse from the fund valid claims of students for tuition paid to that institution in accordance with guidelines and procedures adopted by regulations of the board. If a student who attended the defaulting postsecondary educational institution received financial aid under either a state or federal student loan program, the board shall direct payment to the financial institution or other entity who made the loan to the student, rather than directly to the student. As a condition of receiving reimbursement from the fund, the student and the financial institution or other entity which made the loan to the student shall agree to subrogate their rights of recovery against the defaulting postsecondary educational institution to the board of trustees; provided, however, that if the reimbursement from the fund is insufficient fully to cover the amount due the student or the entity making the loan to the student, then such student or entity shall retain the right of recovery against the defaulting institution for the unreimbursed amount. Payments from the fund shall be made by warrant of the director of the Fiscal Division of the Department of Administrative Services on the order of the board of trustees. (2) Until surety bonds are no longer required of a participating postsecondary educational institution under the provisions of paragraph (3) of subsection (c) of this Code section, the reimbursement of tuition to students or to financial institutions or other entities on behalf of students, in the event of the default of the postsecondary educational institution, shall be accomplished by bond forfeiture proceedings and not from the tuition

Page 1312

guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements. If a student, financial institution, or other lending entity is entitled to reimbursement of tuition paid for a term which concluded before the expiration of the surety bond, the reimbursement shall be accomplished by bond forfeiture proceedings and not from the tuition guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements. (3) If the board of trustees pays a claim to or on behalf of a student of a defaulting postsecondary educational institution or if such a claim is paid as a result of a bond forfeiture, the authorization to operate of the defaulting postsecondary educational institution shall be automatically revoked as of the date of such payment, if the authorization to operate has not been previously revoked by the commission pursuant to other provisions of this part. If a defaulting postsecondary educational institution reimburses the fund for any claims paid on behalf of its students, the commission shall be authorized to issue a new authorization to operate to such postsecondary educational institution if the commission finds that the institution is then qualified to operate as a postsecondary educational institution. Such an institution shall provide the surety bond required in Code Section 20-3-250.10 for two years and shall pay participation fees to the tuition guaranty fund for five years as provided in paragraph (2) of subsection (d) of this Code section. (4) If at any time the money available in the tuition guaranty fund is insufficient to satisfy tuition reimbursement claims then pending against the fund, the board of trustees may require each participating postsecondary educational institution to pay a special assessment to the fund. The special assessment shall be in addition to the participation fee provided for in paragraph (1) of subsection (d) of this Code section but the total amount which may be collected in such special assessments in any one fiscal year shall not exceed either the total amount paid during the immediately preceding

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fiscal year in participation fees or $100,000.00, whichever is greater. The maximum amount that may be paid from the fund in claims on behalf of the students of any single defaulting postsecondary educational institution is $250,000.00, regardless of the fact that total claims may exceed that amount. (5) As an alternative to paying claims to or on behalf of students of a defaulting postsecondary educational institution, the board of trustees may arrange for another postsecondary educational institution to complete the educational obligations to the students of the defaulting postsecondary educational institution, provided that the program offered by the other institution is substantially equivalent to the program for which the students had paid tuition and provided, further, that attendance at the other institution does not cause unreasonable hardship or inconvenience to the students. The commission shall have the authority to adopt rules or regulations which shall govern the board of trustees in the administration of the provisions of this paragraph. As a part of any such program, the board of trustees may reimburse the other postsecondary educational institution from the fund for expenses incurred by the institution in providing educational services for the students of the defaulting postsecondary educational institution, but such expenses shall not include the payment of tuition on behalf of such students. (6) It shall not be necessary to claim a loss or damage pursuant to the provisions of Code Section 20-3-250.14 in order for the board of trustees to pay claims to or on behalf of students pursuant to the provisions of this Code section. Procedures and requirements for filing claims under this Code section shall be as provided by rules or regulations adopted for that purpose by the commission. (7) Any person aggrieved by a decision of the board of trustees to pay or deny a claim pursuant to the provisions of this Code section may appeal to the commission. A decision of the board of trustees shall be in writing and shall be sent by certified mail to the claimant and to the

Page 1314

owner of the defaulting postsecondary educational institution. If the whereabouts of the owner of the defaulting postsecondary educational institution is not known and cannot reasonably be ascertained by the board of trustees, a notice of the decision shall be published in the legal organ of the county where the student claimant attended the defaulting postsecondary educational institution or a facility of such institution. The appeal to the commission shall be commenced by filing a written notice of such appeal to the commission within 30 days after receiving the written decision of the board of trustees. Within 30 days after receiving a notice of appeal, the commission shall affirm the decision of the board of trustees, modify and affirm the decision of the board of trustees, or overrule the decision of the board of trustees. Any person aggrieved by the action of the commission shall have the right to judicial review pursuant to the provisions of Code Section 20-3-250.16. The commission shall adopt rules or regulations providing procedures for the conduct of appeals from the board of trustees, but such rules or regulations shall be consistent with the provisions of this paragraph. (h) The board of trustees shall issue a biennial report to the Governor and members of the General Assembly providing a summary of the financial condition of the fund and claims experience during the preceding biennium. Such reports shall be issued during the regular session of the General Assembly held during each even-numbered year beginning in 1994. (i) The tuition guaranty fund shall be exempt from all license fees or income, franchise, privilege, occupation, or other taxes levied or assessed by the state or by any county, municipality, or other political subdivision of the state. Any payment of claims or refund of participation fees from the tuition guaranty fund shall not be exempt from taxation unless such payment or refund is exempt from taxation pursuant to the provisions of law independent of the provisions of this part. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

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EDUCATIONSCHOOL SUPERINTENDENTS; CONTRACTS; SUMMER SCHOOL PROGRAMS. Code Title 20, Chapter 2 Amended. No. 1188 (House Bill No. 1130). 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 change the permissible duration of employment contracts of school superintendents; to provide for funding for direct instructional costs; to provide for spending for instructional, operational, and staff and professional development costs; to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, costs, and funding of such program; to provide for student teachers and multisystem contracts; to change maximum spending requirements; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (a) of Code Section 20-2-101, relating to the appointment of school superintendents, and inserting in its place the following: (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 three 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 April 15, 1993, 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

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shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. Section 2 . Said chapter is further amended by striking Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs generally, and inserting in its place a new Code Section 20-2-167 to read as follows: 20-2-167. (a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the salaries and operational costs portions. `Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for direct instructional costs on the direct instructional costs of such program, except as modified in this paragraph. Each local school system shall spend the sum of all funds designated for operational costs for such operational costs, summed across all programs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts and the sum of funds designated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does

Page 1317

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

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(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effective on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its intitial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161. (3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 100 percent of the total

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funds designated for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182. (4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1) or (2) of this subsection or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.

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(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a `surplus' or `unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose. (b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:

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(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting. (c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit. (d) The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the `Budget Act.' The state board shall, in all of its programs involving allocation or

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expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which are amended, modified, or repealed by this article unless specifically so provided in this article. Section 3 . Said chapter is further amended by adding at the end of Code Section 20-2-168, relating to the minimum school year, the following: (f) Each local board of education shall annually provide for a `Summer Opportunity Program,' to extend educational opportunities beyond the normal school year provided for in subsection (c) of this Code section. This program will be made available to students who have been retained in grades kindergarten through eight or who have failed academic subjects in these grades. This program shall be offered during the summer months for not less than six weeks at no tuition cost to eligible students. The Summer Opportunity Program may provide for lower teacher-pupil ratios, coordination with family connection resources where appropriate, school locations for the program nearest residential areas of the majority of students eligible to attend the program, transportation, instruction in subject areas failed by students, utilization of instructional technology, and include teachers who have demonstrated teaching success and rapport with students. Each local board shall submit a projected number of students eligible for the Summer Opportunity Program by grade to the Department of Education no later than November 30 of each year in order to have calculated the state cost to operate the Summer Opportunity Program for inclusion as a separate funding item in the midterm adjustment for the current fiscal year. The allocation of state funds to each local school system for such program shall be based upon the actual enrollment in the Summer Opportunity Program of eligible students in such system. The cost calculations and allocations shall be based upon the length of the Summer Opportunity Program and appropriate program weights for programs in paragraphs (1) through (4) of subsection (b) of Code Section 20-2-161 multiplied

Page 1323

times the base weight amount as established in the General Appropriations Act for the most recent fiscal year adjusted for training and experience of teachers as specified in subsection (e) of Code Section 20-2-161 multiplied times the total full-time equivalency program count within each appropriate program which includes funds sufficient to provide for teacher salaries, instructional materials, and facilities maintenance and operations costs. Pupil transportation costs shall be calculated and allocated at one-sixth the annual costs for each bus operated for the Summer Opportunity Program, excluding costs for items paid in the initial allotment for each earned bus such as bus replacement and bus insurance costs. The State Board of Education is encouraged to coordinate with the board of regents to identify student teaching programs in appropriate university system institutions for the purpose of assigning student teachers to as many classes within each school system's Summer Opportunity Program as possible. This subsection in no way prohibits local boards of education from entering into a multisystem summer program contract to provide services identified in this subsection. Local boards are encouraged to expand the Summer Opportunity Program through the use of local funds, tuition, grants, scholarships, Chapter I, and all other available funds to provide summer educational opportunities for all other students in the school system. Section 4 . Said chapter is further amended by striking subsection (h) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, and inserting in its place a new subsection (h) of said Code section to read as follows: (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program

Page 1324

weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contract hours of participation. Funds used for staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. Section 5 . Section 3 of this Act shall become effective only when funds are specifically appropriated for purposes of that section in an appropriations Act making specific reference to this Act. The remaining provisions of this Act shall become effective July 1, 1994. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

Page 1325

EDUCATIONCAPITAL OUTLAY FUNDS; FUNDING. Code Title 20, Chapter 2, Article 6 Amended. No. 1189 (House Bill No. 1314). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, so as to change definitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change minimum school size and grade configuration requirements for the purpose of certain capital projects; to delete funding authorization for planning studies; to provide for construction projects for exceptional growth school systems; to provide for additional conditions prior to requesting or expending state or local funds for certain capital projects and prior to closing certain schools; to change the provisions relating to capital funding priorities; to authorize certain changes in plans for capital projects and prohibit certain actions as a result of those changes; to delete certain provisions relating to statutory construction; to change the provisions relating to funding of school mergers and consolidations; to change certain conditions relating to sparsity grants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, is amended by striking Code Section 20-2-260, relating to capital outlay funds, and inserting in its place the following: 20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.

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(b) As used in this Code section, the following words or terms shall have the following meanings: (1) `Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) `Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt. (3) `Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (4) `Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) `Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks,

Page 1327

stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration. (6) `Educational facilities survey' is defined as a systematic study of present educational facilities and a five-year forecast of future needs. (7) `Entitlement' refers to the maximum portion of the total need that may be funded in a given year. (7.1) `Exceptional growth' means an increase in the average of a local school system's average full-time equivalent student count for the three most recently completed school years when compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year. (8) `Full-time equivalent student count' is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available. (9) `Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues. (10) `Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164. (11) `Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or

Page 1328

space normally identified to serve only the interscholastic athletic program in which the school may participate. (12) `Renovation' or `modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (13) `Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each Construciton project. (14) `Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board. (15) `Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of Code Section 20-2-165. (c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent

Page 1329

and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys; (3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school

Page 1330

system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article; (4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;

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(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h),

Page 1332

(i), (j), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section. (d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:

Page 1333

(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section; (2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system; (3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section; (4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds; (5) Submit requests for capital outlay funds to the Department of Education; (6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in

Page 1334

accordance with provisions of subsection (c) of this Code section; (7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section; (8) Provide required local participation; and (9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section. (e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional

Page 1335

program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; and (6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed. (f) The state and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest

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per weighted full-time equivalent resident student by the state-wide net equalized adjusted school property tax digest per weighted full-time equivalent resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and (2) The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster. (g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section, excluding funds provided for exceptional growth pursuant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, adjusted as specified in this paragraph. (2) In setting the annual authorization level under this subsection, the state board shall consider any previously

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authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following: (A) The total facility improvement needs included in the most recent five-year educational facilities plan, excluding exceptional growth construction projects which shall be requested under subsection (j) of this Code section, which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems'

Page 1338

needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required local participation in subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of student population in excess of the capacity of existing facilities;

Page 1339

(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding: (A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met.

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(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultaneously and that each construction project meets the following conditions: (1) A school size and organizational study has been completed by the Department of Education; (2) The local school system has adopted a comprehensive plan to reorganize so that each school within the system funded under this subsection shall meet or exceed the minimum sizes specified in subsection (q) of this Code section or contain all the students within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration; (3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education; (4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed; (5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total

Page 1341

entitlement intended for authorization by the state board; (6) A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period; (7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and (8) The required local participation and all other procedural requirements of this Code section are met. (j) (1) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for construction projects needed because of exceptional growth, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization. (2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this subsection together with the total estimate of funds needed for school facilities as a result of exceptional growth as computed under subparagraph (A) of this paragraph. The annual entitlement for each school system experiencing exceptional growth shall be computed as follows:

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(A) The average of each school system's average full-time equivalent count for the three most recently completed school years will be compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year. For each school system with an increased average count after the above calculation, the amount of such increase will be divided by the total increase for all school systems with an increased average count under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and (B) Each of the school systems identified as being an exceptional growth system under subparagraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth based on each system's relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each system's ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (3) The level of entitlement approved by the General Assembly and authorized by the state board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent student for elementary

Page 1343

school, middle school, and high school construction as provided in paragraph (5) of subsection (c) of this Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements under this subsection must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the total state entitlements earned for exceptional growth and the required local participation, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit pursuant to paragraph (1) of subsection (f) of this Code section. (5) The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following conditions are met: (A) The local school system has specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Any construction project submitted to utilize growth entitlement shall include construction of at least one new instructional unit. If sufficient growth entitlement is not currently available for all

Page 1344

of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construction, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and (C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met. (k) The State Board of Education shall request separate appropriations for each of the following categories: (1) Regular entitlements pursuant to subsection (g) of this Code section; (2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section; (3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section; (4) Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291;

Page 1345

(5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and (6) Exceptional growth construction projects pursuant to subsection (j) of this Code section. (k.1) Prior to a local board of education's submitting a funding request to the State Department of Education for State Board of Education approval for a construction project which involves the closing of any existing school or schools and the construction of new classrooms or schools resulting in the transporting of students to another new or existing school to which will be assigned the students in the school or schools to be closed and prior to a local board of education's utilizing any local school tax funds, including but not limited to proceeds of general obligation bonds, for any such construction project, and prior to a local board of education's decision becoming effective to close any existing school where such closing results in the transporting of students from the school to be closed to any new or existing school or schools even though no additional capital funding is required as a result of the assignment thereto of those students from any school to be so closed, the local board of education shall conduct the following: (1) The board of education must schedule and hold two public hearings and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools; (2) The public hearings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to: (A) Identification of each school to be closed and location of each new or existing school to which the students in the school or schools to be closed will be reassigned;

Page 1346

(B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed; (D) Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; and (E) Plans for use or disposal of closed school property. (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings; (4) Any person who is qualified and registered to vote for a member of a local board of education and who resides within the school district under the management of that board may file with that board a notice of intent to file a petition pursuant to this paragraph and may sign any such petition. That petition shall be for the purpose of expressing opposition to the decision of such board to close any school listed for closure in the advertisement published pursuant to paragraph (2) of this subsection. That notice of intent shall be filed within 30 days after the second hearing under paragraph (1) of this subsection to discuss any such school closing. That petition must be filed with such board of education within 60 days after notice of intent to file such petition has been received by such board. Within ten days after such petition has been so received, that board shall transmit the petition to the election superintendent of the political subdivision which levies ad valorem taxes for educational purposes for that local board of education. Such election

Page 1347

superintendent shall validate the signatures on the petition against the official list of voters who are qualified to sign such petition. If the petition so validated contains the signatures of at least 25 percent of the number of electors who were registered and qualified to vote at the last preceding general or special election for members of that local board of education, that board shall be so notified in writing by that election superintendent; (5) Within 15 days after receiving notification that a petition containing the required number of signatures has been validated under paragraph (4) of this subsection, the local board of education shall so notify in writing any person who filed with the board a notice of intent to file that petition and notify each such person of the rights of the petitioners to select a delegation thereof under this paragraph. Within 20 days after receiving such notice, the petitioners must select from their number a delegation of no more than ten members, of whom six shall be parents of students in the schools to be closed, and notify the board of the names and addresses of those delegation members. The chairperson of the local board shall notify the selected delegation of petitioners of the date, time, and place for meeting to address their differences regarding the school closings. The local board of education and the delegation of petitioners shall resolve whether any or all of the schools proposed to be closed should be closed and report the final decision agreed upon by the board and a majority of the delegation of petitioners within 60 days from the date the board received notification that the petition was validated. The report shall be transmitted to the election superintendent who validated such petition and to the State Board of Education; (6) If no such decision is agreed upon or reported as provided in paragraph (5) of this subsection, the election superintendent who validated the petition shall be required to call and conduct a special election for the purpose of submitting for approval or rejection the proposed school closing actions of the board of education to the electors of the school district under the management

Page 1348

of such board. That special election shall be called and conducted as provided under Title 21 for the county or municipality which levies ad valorem taxes for educational purposes for that board. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county in which lies the legal situs of such board. The ballot shall have written or printed thereon the following: `() YES () NO Shall the action of the board of education of (name of county or independent board)be approved which provides for the closing of the following schools: (List each school to be closed as specified in the advertisement referred to in the validated petition)?' All persons desiring to vote for approval of the closings shall vote `Yes,' and those persons desiring to vote for rejection of such closings shall vote `No.' The expense of such election shall be borne by the county or municipality which levies ad valorem taxes for educational purposes for the school district under the management of such board of education. It shall be the duty of the election superintendent to certify the result of such election to such board of education, the Department of Education, and the Secretary of State; and (7) If more than one-half of the votes cast on such question pursuant to paragraph (6) of this subsection are for approval of the school closings or if the local board and delegation of petitioners reached and reported a final decision agreeing upon the schools to be closed as provided in paragraph (6) of this subsection, state capital outlay funds may be awarded to that board for construction projects undertaken for the purpose of housing students to be reassigned from any such school to be closed, local funds may be used for such purposes, and the school closings approved may become effective even though no

Page 1349

additional capital funding is required as a result of the assignment of students from a school so closed to a new or existing school; otherwise, such funds may not be awarded or used for such purposes and such school closings may not become effective for a period of four years from the date of the validation of the petition under paragraph (4) of this subsection, after which time the board of education shall be required to comply with paragraphs (1) through (6) of this subsection and this paragraph in order to obtain or use any funds for such purposes or close such schools. (l) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated: (1) Facility projects requested pursuant to subsection (g) and (j) of this Code section; (2) Reserved; (3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities: (A) Facility projects needed to address extraordinary growth; (B) Facility projects resulting from destruction or damage caused by fire or natural disaster; (C) Facility projects needed to address hazards to health or safety; and (D) Facility projects needed for unhoused students; (4) Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291;

Page 1350

(5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities: (A) Students housed in substandard or obsolete facilities; (B) Facility projects designed to consolidate schools smaller than the minimum sizes specified in subsection (q) of this Code section; and (C) Facility projects designed to meet state board requirements or for modernization; (6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and (7) Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection. (m) The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival. (n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by

Page 1351

object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required. (o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, then for a period of four school years immediately following the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subsection (i) of this Code section. The provisions of this subsection apply to bond elections held at any time after January 1, 1989. (p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsection (i) of this Code section. Any such plan submitted prior to July 1, 1992, which has been changed since its submission and approved by the State Board of Education pursuant to paragraph (9) of subsection (c) of this Code section shall not disqualify the local board from requesting and receiving funds to implement the changed plan under subsection (i) of this Code section unless, as a result of the change, any school in the plan will be less than the minimum size specified therefor in subsection (q) of this Code section. A change resulting in any school in the plan being less than such minimum size shall not result in the recalculation of entitlements or withholding of funds for any construction project in the plan unless:

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(1) That project involves a school which is less than such minimum size; and (2) Construction upon that project has neither been begun nor completed. (q) Construction projects which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligible to receive full capital outlay funding under the conditions specified in subsections (g), (h), (i), and (j) of this Code section. Provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration. (r) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation or closing any school within the school system and a majority of the voters voting in said bond election voted against incurring such debt or a local board is under litigation to prevent a consolidation project under subsection (h) or (i) of this Code section or closing any school, whether funds have been allocated or not, the procedures established in subsection (k.1) of this Code section shall be followed. Section 2 . Said article is further amended by striking Code Section 20-2-291, relating to funding for certain school mergers and consolidations, and inserting in its place the following: 20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school

Page 1353

systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly. (b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the minimum sizes specified in subsection (q) of Code Section 20-2-260 or 100 percent of the student population for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation. (c) As used in this subsection, the term: (1) Reserved. (2) Reserved. (3) Reserved. (4) `Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight. (5) `High school' is defined as a school which contains any grade above grade eight. (6) `Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight. (7) Reserved. (8) `School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection. In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the

Page 1354

minimum size specified in subsection (q) of Code Section 20-2-260 for that respective shcool with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the minimum size specified in subsection (q) of Code Section 20-2-260 or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools. (d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following: (1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and (2) In the event of such local school system merger or school consolidation, all instructional facilities will be utilized for public educational purposes to the extent feasible and practical. (e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following: (1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study; (2) The state board has conducted a feasibility study;

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(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study; (4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and (5) The state board has approved the recommendations of the feasibility study. Section 3 . Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in its place the following: (6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its students even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the base sizes specified pursuant to Code Section 20-2-181. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACTCANDIDATES; BASIC TRAINING. Code Sections 35-8-9 and 35-8-10 Amended. Code Section 35-8-23 Enacted. No. 1190 (House Bill No. 1389). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the Georgia Peace Officer Standards and Training Act, so as to change the time at which

Page 1356

a candidate is required to complete the basic training course; to provide for the effect of failure to complete the basic training course requirements; to change the provisions relating to the applicability and effect of certification requirements generally; to provide for the training and certification of communications officers and related purposes; 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, known as the Georgia Peace Officer Standards and Training Act, is amended by striking in its entirety Code Section 35-8-9, relating to completion of the basic training course required of peace officers, and inserting in lieu thereof a new Code Section 35-8-9 to read as follows: 35-8-9. (a) In addition to complying with the preemployment standards as set forth in Code Section 35-8-8, each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer. (b) The council shall have the authority to recognize instruction received by a candidate if, in the determination of the council, such instruction is at least equivalent to that required by this chapter. If such instruction is recognized, then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this chapter. (c) Should any candidate fail to complete successfully the basic training requirements specified in this Code section, he or she shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 35-8-10, relating to the applicability and effect of certification requirements generally, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) No person required to comply with the certification provisions of this chapter shall be employed or appointed by any law enforcement unit without certification from the council that the applicant has met the preemployment requirements established in this chapter, and no candidate shall perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed. Section 2.1 . Said chapter is further amended by adding a new Code Section 35-8-23 to read as follows: 35-8-23. (a) As used in this Code section, the term `communications officer' means and includes any person employed by a local governmental agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel. (b) Any person employed on or after July 1, 1995, as a communications officer shall satisfactorily complete a basic training course approved by the council. Persons who are employed on July 1, 1994, shall register with the council and may be certified by voluntarily complying with the certification process. Any person who fails to comply with the registration or certification process of the council shall not perform any duties of a communications officer and may have his or her certificate sanctioned or revoked. (c) The council shall administer and coordinate the training for communications officers and conduct administrative compliance reviews. The council shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training, standards, certification, and compliance reviews consistent with the provisions of this Code section. The costs of the training shall be paid from funds appropriated to the council. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

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HEALTHPERSONAL CARE HOME; LICENSING. Code Section 31-7-3 Amended. No. 1191 (House Bill No. 649). AN ACT To amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for notice to the office of the state long-term care ombudsman prior to licensing a personal care home; to provide for the consideration of information from the office of the state long-term care ombudsman in determining whether applicants meet licensing requirements; to provide for regulations; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, is amended by adding a new subsection to be designated subsection (d) to read as follows: (d) (1) When an application for licensure to operate a personal care home, as defined in subsection (a) of Code Section 31-7-12, has been made, the department shall inform the office of the state long-term care ombudsman of the name and address of the applicant prior to issuing authority to operate or receive residents and shall provide to the ombudsman program an opportunity to provide to the department information relevant to the applicant's fitness to operate as a licensed personal care home. (2) The department may consider any information provided under this subsection, where verified by appropriate licensing procedures, in determining whether an applicant meets the requirements for licensing.

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(3) The department shall promulgate regulations setting forth the procedures by which the long-term care ombudsman program shall report information to the department or its designee as required by this subsection, including a consistent format for the reporting of information, safeguards to protect confidentiality, and specified types of information which shall be routinely provided by the long-term care ombudsman program. (4) Nothing in this subsection shall be construed to provide any authority to the long-term care ombudsman program to license or refuse to license the operation of a personal care home. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. PERSONAL CARE HOMESEMPLOYEE RECORDS CHECKS; DEFINITIONS. Code Section 31-7-250 Amended. No. 1192 (House Bill No. 650). AN ACT To amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, so as to change the provisions relating to definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, is amended by striking paragraph (2) of Code Section 31-7-250, relating to definitions, and inserting the following paragraph:

Page 1360

(2) `Crime' means a violation of Code Section 16-5-21, relating to aggravated assault; a violation of Code Section 16-5-24, relating to aggravated battery; a violation of Code Section 16-6-1, relating to rape; a violation of Code Section 16-8-2, relating to theft by taking; a violation of Code Section 16-8-3, relating to theft by deception; a violation of Code Section 16-8-4, relating to theft by conversion; a violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; a violation of Code Section 16-8-40, relating to robbery; a violation of Code Section 16-8-41, relating to armed robbery; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. STATE DOCUMENTSMULTIRACIAL CLASSIFICATION TO BE INCLUDED ON FORMS REQUESTING RACIAL IDENTITY FOR STATE AGENCIES, PUBLIC SCHOOLS, AND PERSONS AND ENTITIES CONDUCTING BUSINESS WITHIN STATE; REPORTING TO FEDERAL AGENCIES. Code Title 20, Chapter 2, Article 30; Code Title 50, Chapter 18, Article 7; and Code Section 34-1-5 Enacted. No. 1193 (Senate Bill No. 149). 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 require all state agencies to include the classification multiracial on all forms requesting information on racial identification;

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to provide for reporting racial data to federal agencies; to provide definitions; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification multiracial on all school forms requesting information on racial identification; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to labor and industrial relations, so as to require all employment forms and applications to include the classification multiracial; to provide definitions; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding at the end thereof a new article, to be designated Article 7, to read as follows: ARTICLE 7 50-18-135. (a) As used in this article, the term: (1) `Multiracial' means having parents of different races. (2) `State agency' means any state department, board, bureau, commission, authority, council, committee, and any other state agency or instrumentality. (b) All written forms, applications, questionnaires, and other written documents or material produced by or for or used by any state agency which request information on the racial or ethnic identification of a respondent and which contain an enumeration of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification `multiracial.' (c) No such written document or computer software described in subsection (b) of this Code section shall bear the

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designation `other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994. (d) In any instance in which it is required that racial data collected by a state agency be reported to a federal agency, the computation of all persons designated on state forms or other documents as multiracial shall be reported by such state agency as multiracial. However, if any such federal agency deems the multiracial designation unacceptable, then the reporting state agency shall, upon resubmission of such data, redesignate the multiracial population by allocating a percentage of the number of persons comprising such population to each federally acceptable racial or ethnic classification at the same rate as each such classification comprises the general population of the collected group. Section 2 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 30 to read as follows: ARTICLE 30 20-2-2040. As used in this article, the term `multiracial' means having parents of different races. 20-2-2041. (a) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any public elementary or secondary school in the state which request information on the racial or ethnic identification of a respondent and which contain a list of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification `multiracial.' (b) No such written document or computer software described in subsection (a) of this Code section shall bear the designation `other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.

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Section 3 . Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-5 to read as follows: 34-1-5. (a) As used in this Code section, the term `multiracial' means having parents of different races. (b) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any person, firm, association, or corporation conducting business within this state requiring the employment of labor which request information on the racial or ethnic identification of an employee and which contain a list of racial and ethnic classifications from which such employee must select one shall include among their choices the classification `multiracial.' (c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation `other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994. (d) The failure of any person, firm or corporation to comply with the provisions of this Code section shall not be construed to create any civil cause of action. Section 4 . This Act shall become effective July 1, 1994, and the provisions of this Act shall apply to those forms, applications, questionnaires, and other written documents printed or typed or otherwise originating after July 1, 1994; provided, however, that all documents printed and in stock on July 1, 1994, which bear the racial designation other shall be used and the stock depleted prior to reordering under the provisions of this Act even if the date occurs after July 1, 1994. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

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INNKEEPERSOLYMPIC GAMES; EXCESSIVE RATES. Code Title 43, Chapter 21, Article 1 Amended. No. 1194 (House Bill No. 1357). AN ACT To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996; to define certain terms; to provide for legislative findings and declaration of purpose; to establish the public policy of this state regarding hotel price gouging during the 1996 Olympic Games; to provide for enforcement; to provide a formula for determining when room rates are excessive; to prohibit hotels from imposing special service charges or fees or requiring guests to reserve room nights before or after the Olympic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period; to provide exceptions; to provide criminal penalties; to provide for civil remedies and actions; to provide for civil penalties; to authorize the awarding of attorney's fees and court costs to persons suffering damages from violations of this Act; to provide a termination date; to provide for related matters; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, is amended by adding following Code Section 43-21-15 a new Code Section 43-21-16 to read as follows: 43-21-16. (a) For purposes of this Code section, the term:

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(1) `Hotel' means a building containing four or more individual sleeping rooms or suites that are available to the general public for compensation for overnight lodging purposes and includes, without limitation, hotels, motels, motor lodges, and bed and breakfast establishments. (2) `Olympic Period' means the period beginning the second night prior to the opening ceremonies of the 1996 Olympic Games and ending the second morning after the closing ceremonies of the 1996 Olympic Games. (3) `Operator' means the operator of a hotel, whether or not the owner or lessee of the hotel building, who conducts the business of providing overnight accommodations to guests. The term operator shall also include brokers, wholesalers, and other persons who purchase and resell hotel rooms. (4) `Room night' means one night's single or double occupancy of a single sleeping room, including one night's use of a suite. (b) The General Assembly has the power to protect the lives, health, morals, comfort, and general welfare of the citizens of the state and, accordingly, finds and determines that: (1) The convention and tourism industries are vital to the state's economy, and the hotel industry is an essential component of the state's convention and tourism industries; (2) It is a significant and legitimate public purpose to protect the state's convention and tourism industries against long-term ill effects that could result from a perception of rampant price gouging during the 1996 Olympic Games; and (3) It is the intention of this Code section to safeguard the vital interests of the state without preventing Georgia hotel operators from attaining profits during the

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Olympic Period reasonably expected from full occupancy of hotels during peak convention and travel periods. (c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any hotel operator to: (1) Provide rooms for compensation during the Olympic Period, whether in the form of room charges, special service charges, fees, or otherwise, at rates in excess of published room rates, exclusive of special discounts, as in effect at the hotel between January 1, 1994, and December 1, 1994, increased only by two times the average annual increase, if any, for the three-year period from November 1, 1991, through October 31, 1994, in the Consumer Price Index (CPI) for the United States, All Urban Consumers (1982-84 = 100), published by the United States Bureau of Labor Statistics, or any revisions or replacements to such index subsequently published with any appropriate adjustment; or (2) Require guests staying in hotel rooms during the Olympic Period to reserve room nights before or after the Olympic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period. (d) Except as provided in subsection (e) of this Code section, regarding hotel rooms constructed after January 1, 1994, it shall be unlawful for any hotel operator to: (1) Provide such rooms for compensation during the Olympic Period, whether in the form of room charges, special service charges, fees, or otherwise, at rates in excess of published room rates for comparable hotel rooms, exclusive of special discounts; or (2) Require guests staying in such hotel rooms during the Olympic Period to reserve room nights before or after the Olympic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period.

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(e) Notwithstanding the provisions of paragraph (1) of subsection (c) or paragraph (1) of subsection (d) of this Code section, there shall be no violation of this Code section if rooms are provided at rates of $100.00 or less per room night or if entire hotel properties are provided for official business of the Atlanta Committee for the Olympic Games, Inc. (f) Hotel operators providing rooms during the Olympic Period in violation of this Code section shall be guilty of price gouging, which shall be a misdemeanor, punishable by a fine of not less than $100.00 nor more than $1,000.00. Each room night and each room provided in violation of this Code section shall constitute a separate offense. (g) (1) Any contract or arrangement for the use of rooms in violation of this Code section, whether entered into before or after the enactment of this Code section, shall be voidable by the person contracting to use such rooms. Any person charged amounts constituting a violation of this Code section shall be entitled to: (A) Seek an injunction or other equitable remedy to prevent violations of this Code section including, without limitation, a court order for the hotel operator to provide the rooms in question at the rates allowed by this Code section; (B) Recover in a civil action his or her actual damages, plus a penalty of up to $1,000.00 per hotel room, per room night; and (C) Obtain an award of reasonable attorney's fees and court costs. (2) Any person entitled to bring an action under this Code section may institute a class action pursuant to Code Section 9-11-23. (h) This Code section shall stand automatically repealed as of December 31, 1996.

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Section 2 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. COMMERCETICKET SCALPING; UNLAWFUL TO SELL TICKET FOR PRICE HIGHER THAN PRINTED ON TICKET; SERVICE CHARGES; ADVERTISEMENTS AND POSTERS. Code Section 10-1-310 Amended. No. 1195 (House Bill No. 1225). AN ACT To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; to provide for service charges; to provide for specification of service charges on advertisements, announcements, or posters; to provide an exception; to provide for related matters; to provide 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 . Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the unlawful scalping of tickets for certain athletic contests, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows: 10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. (b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission. (c) Any advertisement, announcement, or poster for any event covered by this Code section which includes the price of admission shall specify the amount of the service

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charge to be charged for the sale or selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated. Section 2 . Subsection (a) of Code Section 10-1-310 shall become effective on July 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to international sports competitions and ceremonies involving competitors from more than one country shall become effective on September 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to all other events covered by this subsection shall become effective April 1, 1995. Subsection (c) of Code Section 10-1-310 shall become effective April 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. CRIMES AND OFFENSESASSISTANCE IN COMMISSION OF SUICIDE PROHIBITED. Code Section 16-5-5 Enacted. No. 1196 (House Bill No. 415). AN ACT To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to define certain terms; to provide for the criminal offense of offering to assist in the commission of suicide and committing an act in furtherance thereof; to provide for the offense of inducing a person by certain means to commit suicide; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, is amended by inserting at the end thereof the following:

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16-5-5. (a) As used in this Code section, the term: (1) `Intentionally and actively assisting suicide' means direct and physical involvement, intervention, or participation in the act of suicide which is carried out free of any threat, force, duress, or deception and with understanding of the consequences of such conduct. (2) `Suicide' means the intentional and willful termination of one's own life. (b) Any person who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) Any person who knowingly and willfully commits any act which destroys the volition of another, such as fraudulent practices upon such person's fears, affections, or sympathies; duress; or any undue influence whereby the will of one person is substituted for the wishes of another, and thereby intentionally causes or induces such other person to commit or attempt to commit suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (d) The provisions of this Code section shall not be deemed to affect any of the laws, in whole or in part, that may be applicable to the withholding or withdrawal of medical or health care treatment, including but not limited to, laws related to a living will, a durable power of attorney for health care, or a written order not to resuscitate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

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LOTTERYELECTRONIC OR MECHANICAL TICKET SELLING DEVICES; WITHIN VIEW OF RETAILER; LABEL PROHIBITING USE BY MINORS; MISDEMEANOR PENALTY FOR KNOWINGLY ALLOWING MINOR TO PURCHASE LOTTERY TICKET. Code Sections 50-27-10 and 50-27-26 Amended. No. 1197 (House Bill No. 1503). AN ACT To amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares; to provide for the locating and supervision of such devices; to provide for labeling of such devices; to change certain provisions relating to penalties and to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, is amended by striking paragraph (9) of Code Section 50-27-10, relating to procedures for regulating the conduct of lottery games, and inserting in lieu thereof a new paragraph (9) to read as follows: (9) (A) The method to be used in selling tickets or shares, which may include the use of electronic or mechanical devices, but such devices may be placed only in locations on the premises of the lottery retailer which are within the view of such retailer or an employee of such retailer. All electronic or mechanical devices shall bear a conspicuous label prohibiting the use of such device by persons under 18 years of age.

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(B) A lottery retailer who knowingly allows a person under 18 years of age to purchase a lottery ticket or share from an electronic or mechanical device shall be subject to the penalties provided in Code Section 50-27-26;. Section 2 . Said article is further amended by striking Code Section 50-27-26, relating to sales to minors, penalties, and affirmative defenses, and inserting in lieu thereof a new Code Section 50-27-26 to read as follows: 50-27-26. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative defense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE LICENSE PLATES; TRAILERS USED AS A COMMON OR CONTRACT CARRIER FOR HIRE; PERMANENT PLATES. Code Section 40-2-47 Enacted. Code Section 48-10-2 Amended. No. 1198 (House Bill No. 1342). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title

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48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire; to provide for fees; to provide that such license plates shall not be transferable to a new owner; to provide for the payment of ad valorem taxes; to provide for administration; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end of said article a new Code Section 40-2-47 to read as follows: 40-2-47. Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one time fee specified in Code Section 48-10-2 and compliance with the provisions of this Code section. The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer. Section 2 . Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and

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plates, is amended by designating the existing language of Code Section 48-10-2, relating to annual license fees for operation of vehicles, as subsection (a) of said Code section and adding at the end thereof a new subsection (b) to read as follows: (b) In lieu of the annual fee provided in paragraph (8) of subsection (a) of this Code section, the optional one time fee for a permanent registration and license plate for any trailer used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire under provisions of Code Section 40-2-47 shall be $48.00. Section 3 . This Act shall become effective on January 1, 1995, and shall apply to registration and licensing of trailers on and after such date. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. PODIATRISTSEXTENSIVE REVISION OF REGULATORY PROVISIONS. Code Title 43, Chapter 35 Amended. No. 1199 (House Bill No. 408). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the law relating to podiatry; to provide for a short title, legislative intent, and definitions; to provide for the State Board of Podiatry Examiners and its composition, appointment, approval, organization, quorum, and vacancies; to provide for members of such board and for their qualifications, terms of office, oaths, and removal; to provide for duties and functions of such board; to provide for duties of the joint-secretary

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of the state examining boards; to provide for rules and regulations; to prohibit certain practices and conduct and provide for exceptions; to provide for residents in podiatric medicine; to provide for consultations and temporary licenses; to provide for delegation of functions; to provide for qualifications for licensing; to provide for examinations; to provide for reciprocity; to provide for license issuance, expiration, renewal, and restoration; to provide for continuing education; to provide for disciplinary action and proceedings by the board; to provide for judicial review; to provide for immunity; to provide for injunctive actions; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 35, relating to podiatrists, and inserting in its place the following: CHAPTER 35 43-35-1. This chapter shall be known and may be cited as the `Georgia Podiatry Practice Act.' 43-35-2. This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for administrative control, supervision, and regulation of the practice of podiatric medicine in this state. The practice of podiatric medicine is declared to be affected with the public interest. 43-35-3. As used in this chapter, the term: (1) `Board' means the State Board of Podiatry Examiners. (2) `License' means a valid and current certificate of registration issued by the joint-secretary on behalf of the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.

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(3) `Licensee' means one who holds a license under this chapter. (4) `Person' means a human person only. (5) `Podiatric medicine,' which includes chiropody, podiatry, and podiatric medicine and surgery, means that portion of the practice of medicine identified by the acts described in any one or more of the following: (A) Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by primary medical care, surgical or other means, of diseases, ailments, injuries, or abnormal conditions of the human foot and leg; (B) Holding oneself out to the public, either directly or indirectly, as being engaged in the practice of podiatric medicine; (C) Displaying or using a title or abbreviation such as `Doctor of Podiatric Medicine,' `D.P.M.,' `Foot Doctor,' `Foot Specialist,' `Foot Surgeon,' `Foot and Ankle Surgeon,' or other letters, designations, or symbols or signs of any type which expressly or implicitly indicate to the general public that the user renders treatment to the foot, ankle, and leg under the provisions of this chapter; (D) Performing surgery on the foot or leg of a patient, except that when such surgery is performed under general anesthesia it shall be permissible only when said surgery is performed at a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when said general anesthesia is administered under the direction of a duly licensed physician;

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(E) Performing amputations of the toe; or (F) Performing amputations distal to and including the tarsometatarsal joint but only when performed in a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when performed by a podiatrist who is certified by the board in meeting the requirements which shall be established by regulations of the board which have been jointly approved by the board and the Composite State Board of Medical Examiners. (6) `Podiatric resident' means a person who is engaged in a postgraduate program of study or practice within this state approved by the board. (7) `Podiatrist' means a physician and surgeon of the human foot and leg who is subject to this chapter. 43-35-4. The State Board of Podiatry Examiners which existed on January 1, 1994, is continued in existence on and after that date. The members serving on the board on January 1, 1994, and any person appointed to fill a vacancy in such office shall continue to serve out their respective terms of office and until their successors are appointed and qualified. Their successors shall be appointed as provided by this chapter. 43-35-5. The State Board of Podiatry Examiners continued pursuant to Code Section 43-35-4 shall consist of four members. Any vacancy in office of such board resulting from expiration of term after this chapter becomes effective in 1994 shall be filled by appointment by the Governor and approval by the Senate for a term of three years. Three members shall be podiatrists and may be appointed from a list of at least three persons submitted to the Governor by the Georgia Podiatric Medical Association. The fourth member shall be appointed from the public at large and shall have no connection to the practice of podiatric medicine. All appointees to the board shall, immediately following their appointment, take and subscribe to a written oath or affirmation

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required by law for public officers. The Governor, after notice and opportunity for hearing, may remove any member for neglect of duty, incompetence, revocation or suspension of license, or other dishonorable conduct. After such removal, or after a vacancy due to other reasons, the governor shall appoint a successor to serve the unexpired term. 43-35-6. To be eligible for appointment to the board, a person must be a citizen of the United States and a resident of this state and, except for the person appointed from the public at large, must: (1) Hold a license issued under the provisions of this chapter; and (2) Have actively practiced or taught podiatry for at least five years. 43-35-7. A majority of the board members shall constitute a quorum for all board business and, with the exception of hearings in contested cases, may conduct business in conference by telephone. 43-35-8. The joint-secretary shall perform such administrative duties as may be prescribed by the board. 43-35-9. The board shall: (1) Approve all examinations of applicants for licensure; (2) Determine the qualifications of and authorize the issuance of licenses to qualified podiatrists and podiatric residents; (3) Determine the qualifications and approve qualified colleges of podiatric medicine and courses in podiatry for the purpose of determining the qualifications of applicants for licensure;

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(4) Prescribe and enforce minimum standards of professional conduct for the practice of podiatric medicine in this state; (5) Initiate investigations into alleged or suspected violations of the provisions of this chapter or any other law of this state pertaining to podiatry and any rules and regulations adopted by the board; (6) Conduct all hearings in contested cases according to state law; (7) Suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (8) Adopt a seal, the imprint of which, together with the authorized signature of the joint-secretary or other member authorized by the board, shall be effective to evidence its official acts; (9) Maintain in the office of the joint-secretary a register of all persons holding a license; and (10) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to the practice of podiatric medicine. 43-35-10. All rules and regulations adopted by the board as it existed prior to January 1, 1994, shall continue in effect until modified or repealed. 43-35-11. (a) No person shall practice podiatric medicine unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board; provided, however, that this chapter shall not apply to any person licensed to practice medicine, as defined in Chapter 34 of this title; nor shall it apply to the recommending, fitting, or sale of corrective shoes or orthomechanical supports or similar appliances by

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retail dealers or manufacturers; provided, however, that such dealers or manufacturers shall not otherwise be entitled to practice podiatric medicine as defined in this chapter unless duly licensed to do so. (b) (1) Nothing in this chapter or any other law of this state shall prohibit the training and practice, for a period of one year or for such additional periods as the board may determine, by persons appointed as podiatric residents in programs utilizing training protocols approved by the board. (2) Residents in podiatric medicine and surgery may perform such duties, tasks, or functions as considered appropriate for their educational advancement under the supervision of the appropriate health care practitioner. (3) While serving in an approved postgraduate training program, residents in podiatric medicine and surgery shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15. (c) (1) Licensed podiatrists of other states and foreign counties may be permitted to enter this state for consultation with any licensed podiatric physician of this state. Such podiatrist from another state or foreign country shall not be permitted to establish offices in this state for the practice of podiatric medicine, either temporary or permanent, unless he or she obtains a license as elsewhere set forth in this chapter. (2) A limited temporary license may, upon the approval of the board, be issued to a podiatrist from another state or country for the purpose of advancing medical education and enhancing the individual's training provided such podiatrist is fully licensed and a member in good standing in that state or country, and provided such podiatrist is under the supervision of a licensed podiatric physician of this state.

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(3) A podiatrist from another state or foreign country issued a limited temporary license shall not be subject to the continuing education requirements as set forth in Code Section 43-35-15. (d) Nothing in this chapter or other laws of this state shall prohibit the delegation by a podiatric physician to a podiatric assistant or other qualified person of any acts, duties, or functions which are otherwise permitted by law or established by custom, nor shall the state prohibit the performance of such acts, duties, or functions by such person. 43-35-12. A license to practice podiatric medicine shall be issued to any person who: (1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and (7) Pays the required fee to the board. 43-35-13. A license may, at the discretion of the board, be issued without examination to any person who: (1) Holds a current license authorizing him or her to practice podiatric medicine in another state or country; provided, however, the state or country has statutory

Page 1383

requirements substantially equal to or exceeding those of this chapter; (2) Otherwise substantially meets all requirements for a license issued by the board; (3) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and (4) Pays the required fee to the board. 43-35-14. The board shall examine applicants upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer. 43-35-15. (a) Licenses shall expire biennially. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the renewal fee prescribed by the board. (b) (1) In order to maintain and enhance the professional competence of podiatrists licensed under the provisions of this chapter and for the protection of the health and welfare of the people of this state: (A) As a requirement for the biennial renewal of his or her license, a podiatric physician must submit proof to the board of the completion of not less than 50 hours of approved continuing education in the preceding two years; (B) A podiatrist licensed by reciprocity under Code Section 43-35-13 or by examination during the first six months of the biennial licensing cycle, September through February, shall be required to obtain the full 50 hours of continuing education; if

Page 1384

licensed during the following 12 months, March through February, the podiatrist shall be required to obtain 30 hours of continuing education; if licensed during the last six months, March through August, the podiatrist shall be exempt from continuing education requirements for that biennial licensing cycle. (2) In lieu of individual state regulations, the board will recognize for continuing education purposes all providers and sponsors of programs approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association. 43-35-16. (a) The board shall, after notice and opportunity for hearing, have the power to suspend, revoke, or cancel the license of, or refuse to grant, renew, or restore a license to, any licensee or applicant for a license upon proof of any one of the following grounds: (1) Employment of fraud or deception or cheating in applying for a license or in taking an examination for a license; (2) Failing to demonstrate the qualifications or standards for a license as provided by this chapter; (3) Knowingly making a misleading, deceptive, false, or fraudulent representation concerning the practice of podiatry or in any document connected therewith, or practicing fraud or deceit or cheating or intentionally making any false statement in taking an examination or in obtaining a license to practice podiatry or intentionally making any false statement in any document submitted to the board; (4) Conviction of a felony in this state or any other state, territory, or county which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. For this purpose, a conviction shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding,

Page 1385

regardless of whether an adjudication of guilt or sentence is entered thereon; (5) Commission of a crime involving moral turpitude within this state or within any other state, territory, or country which, if committed in this state, would be deemed a crime involving moral turpitude without regard to its designation elsewhere where: (A) A plea of nolo contendere was entered to the charge; (B) First offender treatment was granted pursuant to the charge, without adjudication of guilt; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge; (6) Revocation, suspension, or annulment of a license to practice podiatric medicine by any lawful licensing authority in any state, territory, or country, or any other disciplinary action taken against a licensee by any lawful licensing authority, or having been denied a license by any other licensing authority; (7) Advertising for or soliciting patients by any means other than as provided by the rules and regulations of the board; (8) The displaying of an inability to practice podiatric medicine with reasonable skill and safety to patients or having become unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, the use of alcohol or drugs, narcotics, chemicals, or any other substance or as a result of any mental or physical condition. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every

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person who shall accept the privilege of practicing podiatric medicine in this state or who shall file an application for a license to practice podiatric medicine in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If the licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal; (9) Flagrant immorality; (10) Practicing under a false name or the impersonation of another person except as may be permitted by the laws of this state and rules and regulations of the board concerning professional corporations or associations; (11) In light of the condition of the patient at the time of prescription, knowingly prescribing controlled substances or any other medication without a legitimate medical purpose or knowingly overprescribing controlled substances or other medications or chemicals; (12) Division of fees for professional services with any person, firm, association, or corporation for bringing or referring a patient; (13) Engaging in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which need not have resulted in actual injury to any person, and shall also include departure from, or the failure to conform to, the minimum prevailing standards for the practice of podiatric medicine in this state; or (14) Violating any other standard of professional conduct as may be prescribed by the board.

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(b) Upon a finding of the board that the public health, safety, or welfare imperatively requires emergency action and incorporating a finding to that effect in an order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (c) Upon a finding by the board that a license should be denied or sanctioned pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Deny a license to an applicant or refuse to renew a license; (2) Administer a public reprimand; (3) Suspend any license 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 license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Condition the penalty or withhold formal disposition upon applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or (7) In addition to and in conjunction with the actions provided for in this subsection, may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or may impose the judgment and penalty but suspend the enforcement thereof and place a licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (d) Initial judicial review of a final decision of the board shall be had solely in the Superior Court of Fulton County.

Page 1388

(e) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may adopt by rule; and, as a condition thereof, the board may impose any disciplinary or corrective measure authorized by this chapter. (f) 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. (g) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil or criminal liability for reporting or investigating the acts or omissions of a licensee or applicant or for initiating or conducting proceedings against such licensee or applicant pursuant to the provisions of this chapter or any other provision of law relating to the licensee's or applicant's fitness to practice podiatric medicine, if such action is taken in good faith, without fraud or malice. Any person who testifies in good faith or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding concerning a violation of this chapter or any other law relating to the licensee's or applicant's fitness to practice podiatric medicine shall be immune from civil and criminal liability for so testifying, participating, or recommending. (h) Neither a denial of a license on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license shall be considered a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the licensee or applicant shall be allowed to appear before the board if he or she so requests. (i) If any licensee fails to appear at any hearing after reasonable notice, the board may proceed to hear evidence

Page 1389

against such licensee and take action as if such licensee had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for such service for such licensee or applicant for the purposes of this Code section; and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant. (j) The voluntary surrender of license shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of the board. 43-35-17. The practice of podiatric medicine is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed under the provisions of this chapter is declared to be a public nuisance, harmful to the public health, safety, and welfare. The board, or the district attorney of the district where such nuisance exists, may bring a petition to restrain and enjoin such unlicensed practice in the appropriate court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law. 43-35-18. Any person who violates any provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment from two to five years or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994.

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MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; FEES; REDUCTION FOR APPLICANTS MAKING ANATOMICAL GIFTS. Code Section 40-5-25 Amended. No. 1200 (House Bill No. 1547). AN ACT To amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomical gifts; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for drivers' licenses, is amended by adding a new subsection at the end thereof, to be designated subsection (d) to read as follows: (d) (1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B drivers' license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee of $8.00 if such applicant executes an anatomical gift pursuant to Code Section 40-5-6. Section 1.5 . This Act shall become effective July 1, 1995.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. AUCTIONEERSPROVISIONS OF LAW NOT APPLICABLE TO PUBLIC SALE OF PERSONAL PROPERTY. Code Section 43-6-24 Amended. No. 1201 (House Bill No. 1878). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide an exception to the provisions of such chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking in its entirety Code Section 43-6-24, relating to exceptions to the operation of such chapter, and inserting in lieu thereof the following: 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 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, nor 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

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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 Chapter 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. This chapter shall not apply to any person conducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. LAW ENFORCEMENT INTEGRITY ACT OF 1994MISLEADING THE PUBLIC IN CONNECTION WITH SOLICITATIONS, FUNDRAISING, OR TELEMARKETING; REPORTS. Code Title 35, Chapter 10 Enacted. No. 1202 (House Bill No. 1886). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit persons from misleading the general public concerning their employment with or association with a law enforcement agency; to prohibit persons from using law enforcement terminology, representations, or certain descriptive objects in connection with commercial activity, solicitation, telemarketing,

Page 1393

fund raising, or other activity when the use of such terminology has not been approved by the chief executive officer of the agency; to require persons who have been approved to use such law enforcement terminology, representations, or descriptive objects relating to a law enforcement agency to file annual reports with the chief executive officer of such agency; to provide for the contents of such reports; to provide a short title; to provide for legislative findings and declarations; to define certain terms; to prohibit a chief executive officer of a law enforcement agency from granting persons the right to use law enforcement terminology which is misleading or contrary to the state's or political subdivision's interest in preserving the integrity of the agency; to prohibit the registration of corporations and the licensure or registration of persons with state agencies in cases where the name of the corporation or person is an unauthorized use of law enforcement terminology; to provide for civil remedies; to provide for venue; to authorize civil actions by persons who have suffered damages as a result of violations of this Act; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding following Chapter 9 a new Chapter 10 to read as follows: CHAPTER 10 35-10-1. This chapter shall be known and may be cited as the `Law Enforcement Integrity Act of 1994.' 35-10-2. The General Assembly finds and declares that it is contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that such individual or organization is involved with a law enforcement agency when, in fact, the individual or organization is not involved or associated with such law enforcement agency.

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35-10-3. As used in this chapter, the term: (1) `Agency' means and includes the Georgia Bureau of Investigation, the Department of Public Safety, a sheriff's office, a county police department, and a municipal police department. (2) `Badge' means any official badge currently or previously used by the chief executive officer or a deputy, officer, or other member of an agency. (3) `Chief executive officer' means: (A) With respect to the Georgia Bureau of Investigation, the director of investigation; (B) With respect to the Department of Public Safety, the commissioner of public safety; (C) With respect to a sheriff's office, the sheriff; and (D) With respect to a county or municipal police department, the chief of police. (4) `Emblem' means any official patch or other emblem worn or used by an agency to identify the agency or its employees. (5) `Employee' means a peace officer or other employee of an agency. (6) `Law enforcement terminology' means any terminology intended to indicate association with, inclusion in, or endorsement by an agency or the chief executive officer or employees thereof including, but not limited to: (A) With respect to the Georgia Bureau of Investigation, the term `Georgia Bureau of Investigation,' `GBI,' or `agent of the Georgia Bureau of Investigation';

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(B) With respect to the Department of Public Safety, the term `Department of Public Safety,' `Georgia State Patrol,' `state patrol,' `highway patrol,' `state police,' `state patrolman,' or `trooper'; (C) With respect to a sheriff's office, the term `sheriff,' `deputy sheriff,' or `sheriff's posse'; (D) With respect to a county police department, the term ` name of county County Police Department,' `county police,' or `police officer'; and (E) With respect to a municipal police department, the term ` name of municipality Police Department,' `municipal police,' `city police,' or `police officer.' (7) `Person' means an individual or any legal or commercial entity, including, by way of illustration and not limitation, a partnership, corporation, or association. (8) `Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the chief executive officer that such person's activity is in violation of this chapter shall be considered a willful violator. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator unless, upon learning of the violation, such person immediately terminates such agent or representative relationship with such violator. 35-10-4. (a) No person may use law enforcement terminology, any badge of an agency, or any emblem of an agency or make any representations concerning an agency in association with any commercial activity, any solicitations, any telemarketing, any fundraising activity, or any other activity where such use may lead the public to believe that the person is associated with an agency unless such person first obtains written permission from the chief executive officer of any such agency for such use. If such an organization

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represents that a specific agency is endorsing a fundraising enterprise, such organization shall obtain written permission from the chief executive officer of such agency. The grant of such permission shall be in the discretion of the chief executive officer, shall be for a period of six months subject to renewal in the discretion of the chief executive officer, and shall be under such other conditions as the chief executive officer may impose. However, under no circumstance may the chief executive officer grant permission for a person to use law enforcement terminology, any badge, or any emblem or make any representations concerning an agency in association with any commercial activity, any solicitation, any telemarketing, any fundraising activity, or otherwise, where such use is misleading or is contrary to the state's or local political subdivision's interest in preserving the integrity of the agency. (b) Any person using law enforcement terminology, any badge of an agency, or any emblem of an agency or making representations concerning an agency as a result of receiving written permission from the chief executive officer of the agency as provided in subsection (a) of this Code section shall be required to file an annual report with the chief executive officer evidencing: (1) The total amount of any funds collected through any commercial activity, solicitations, telemarketing, or other fundraising activity; (2) The amount of such funds so collected which is used for administrative expenses, the amount which is used for fundraising expenses, and the amount which is used for program services; and (3) Such other information as required by such chief executive officer included in the statement of permission. (c) The requirements of this Code section shall be in addition to and not in lieu of the requirements of Chapter 17 of Title 43, the `Georgia Charitable Solicitations Act of 1988.'

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35-10-5. No person may register with the Secretary of State as a corporation or register or seek a license with any state agency or subdivision of this state if such person is registering or seeking a license using a name which is an unauthorized use of law enforcement terminology. 35-10-6. (a) Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety and the district attorney on behalf of an agency of a political subdivision shall have the right to apply to a court of competent jurisdiction for an injunction to restrain the violation. (b) In addition to any other relief or sanction for violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the state shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving the Georgia Bureau of Investigation and the Department of Public Safety; and the local political subdivision shall be entitled to collect a civil penalty in the amount of not more than $1,000.00 for each violation involving an agency of the political subdivision. Each occurrence of the unauthorized use of law enforcement terminology shall constitute a separate violation. (c) (1) The Attorney General on behalf of the Georgia Bureau of Investigation and the Department of Public Safety shall be entitled to seek civil remedies in the Superior Court of Fulton County or in the superior court of the county of residence of the violator. (2) The district attorney on behalf of an agency of a political subdivision wherein a violation of this chapter occurs and in which the district attorney has jurisdiction shall be entitled to seek civil remedies in the superior court of the county wherein the violation occurred. 35-10-7. Any person who has given money or any other item of value to another person as a result of a violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful,

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the victim may be entitled to recover reasonable attorney's fees. 35-10-8. A person who violates the provisions of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. CONTRACTSTIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS. Code Title 13, Chapter 11 Enacted. No. 1203 (House Bill No. 837). AN ACT To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to provide a short title; to provide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor; to provide for the withholding of certifications; to provide for interest on late payments; to provide for attorneys' fees; to provide for nonexclusive remedies; to provide for applicability; to otherwise regulate contractual relationships between owners, contractors, and subcontractors; to provide for applicability; 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 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding at the end thereof a new Chapter 11 to read as follows: CHAPTER 11 13-11-1. This chapter shall be known and may be cited as the `Georgia Prompt Pay Act.' 13-11-2. As used in this chapter, the term: (1) `Contractor' means a person who contracts with an owner to improve real property, to perform construction services, or to perform construction management services for an owner. (2) `Improve' means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property or to excavate, clear, grade, fill, or landscape any real property or to construct driveways and private roadways or to furnish materials, including trees and shrubbery, for any of such purposes or to perform any labor upon such improvements. (3) `Improvement' means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways, on real property. (4) `Owner' means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. `Owner' includes private persons and entities and state, local, or municipal government agencies, instrumentalities, or entities; provided, however, that the provisions of this chapter shall not apply when the owner is a county having a population of less than 10,000 according

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to the United States decennial census of 1990 or any such future census or when the owner is a municipality having a population of less than 2,500 according to the official 1990 decennial United States Census or any such future census. (5) `Owner's representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project. (6) `Real property' means the real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property. (7) `Receipt' means actual receipt of cash or funds in the contractor's or subcontractor's bank account. (8) `Subcontractor' means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property. For purposes of this chapter, the term `subcontractor' shall also include materialmen as defined in Code Section 44-14-360. 13-11-3. Performance by a contractor or subcontractor in accordance with the provisions of his or her contract and the satisfaction of the conditions of his or her contract precedent to payment entitles such person to payment from the party with whom he or she contracts. 13-11-4. (a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner's representative of any payment request based upon work completed or service provided under the contract. (b) When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract

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conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond. 13-11-5. (a) Nothing in this chapter shall prevent the owner from withholding payment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its subcontractor to make timely payments for labor, equipment, and materials; damage caused by the contractor to the owner, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum. In addition to the other bases for withholding set forth in this subsection, the owner may withhold a reasonable amount for retainage, provided that the retainage withheld by the owner shall not exceed the retainage percentage set forth in the contract between the contractor and the owner. (b) Nothing in this chapter shall prevent the contractor or a subcontractor from withholding payment to a subcontractor for: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage caused by the subcontractor to the owner, the contractor, or contractors or subcontractors; or reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. In addition to the other bases for withholding set forth in this subsection, the contractor or the subcontractor, as the case may be, may withhold a reasonable amount for

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retainage, provided that the retainage withheld shall not exceed the percentage retained from the contractor by the owner on account of the subcontractor's work. 13-11-6. The contractor shall, within ten days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of the subcontractor's work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value and, provided, further, that the work of the subcontractor is proceeding satisfactorily and, provided, further, that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond. 13-11-7. (a) Except as provided in Code Section 13-11-5, if a periodic or final payment to a contractor is delayed by more than 15 days or if a periodic or final payment to a subcontractor is delayed more than ten days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor, as the case may be, shall pay his or her contractor or subcontractor interest, beginning on the day following the due date, at the rate of 1 percent per month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provision of this Code section at the time the request for payment is made. Acceptance of progress payments or final payment shall release all claims for interest on said payments. (b) Nothing in this chapter shall prohibit owners, contractors, and subcontractors from agreeing by contract to rates of interest, payment periods, and contract and subcontract terms different from those stipulated in this Code section, and in this event, these contractual provisions shall control. In case of a willful breach of the contract provisions

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as to the time of payment, the interest rate specified in this Code section shall apply. 13-11-8. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be. 13-11-9. Neither the right to recover interest on a payment nor the right to recover attorneys' fees under this chapter are exclusive remedies. This chapter does not modify the remedies available to any person under the terms of a contract or by another statute. 13-11-10. The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units. 13-11-11. The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995. Section 2 . This Act shall become effective on January 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Section 4 . This Act is not intended to repeal or affect the applicability of Code Section 7-4-16. Approved April 14, 1994. CLEAN WATER WEEKDESIGNATED. Code Section 1-4-11 Enacted. No. 1204 (Senate Bill No. 606). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as

Page 1404

to provide a statement of purpose; to designate and observe the third week in October of each year as Clean Water Week in Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, water is a basic and essential element for sustaining life on the planet; and WHEREAS, the protection of our water resources is necessary to the health, safety, and standard of living of all Georgians, as well as to the preservation of the environment; and WHEREAS, Georgia is fortunate to have a strong water quality program within the Environmental Protection Division of the Department of Natural Resources to ensure the protection of the state's streams, rivers, impoundments, ground water supplies, and other water resources; and WHEREAS, thousands of Georgia residents work diligently every day in the water and waste-water industry to maintain high levels of water quality; and WHEREAS, Georgia's cities, counties, public utilities, and industries have spent billions of dollars and invested tremendous efforts to provide state-of-the-art water pollution control facilities to comply with the state's established standards for water quality; and WHEREAS, it is critical that all Georgians recognize the value of preserving the most precious resource of water for ourselves and for future generations. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code Section 1-4-11 to read as follows:

Page 1405

1-4-11. The third week in October of each year is designated and shall be observed as `Clean Water Week' in Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1994. HANDICAPPEDGUIDE OR SERVICE DOGS ACCOMPANYING TRAINERS. Code Section 30-4-1 Amended. No. 1205 (House Bill No. 1469). AN ACT To amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, so as to authorize certain trainers of such dogs to be accompanied by the dogs in the same manner in which the handicapped persons may be accompanied by those dogs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, is amended by adding between paragraphs (1) and (2) of subsection (b) thereof the following: (1.1) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically

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disabled person has under that paragraph (1), so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing ear, service, or guide dogs. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1994. ELECTIONSPOLL OFFICERS, SUPERINTENDENTS, AND CLERKS; NOTICES OF CANDIDACY AND AFFIDAVITS; POSTING QUALIFIED CANDIDATES' LIST; OBSOLETE PROVISIONS REPEALED; PRESIDENTIAL PRIMARY DATES CHANGED; REGISTRARS' MEETINGS; DEPUTY REGISTRARS FOR SCHOOLS, COLLEGES, AND UNIVERSITIES; QUALIFICATION FOR NOMINATION OR ELECTIVE OFFICE BY REGISTRARS OR MEMBERS OF BOARD OF ELECTION; REGISTRATION CARDS; VOTING BY CERTAIN CITIZENS RESIDING OVERSEAS; NOTICE OF HEARING REGARDING CONTINUED REGISTRATION; CHALLENGES OF ELECTORS; PRECINCTS; MAILING AND CANCELLATION OF ABSENTEE BALLOTS; VOTERS' CERTIFICATES; RESTRICTIONS ON ACTIVITIES AT POLLING PLACES; PRESERVATION OF BALLOT LABELS AND COMPUTER MATERIALS; SPECIAL PRIMARIES AND SPECIAL ELECTIONS TO FILL VACANCIES; COMPUTER-RUN LISTS OR TAPES OF ELECTORS; ACCESS TO POLLING PLACES; RUN-OFF DATES. Code Title 21, Chapter 2, Articles 2, 4, 5, 6, 7, 10, 11, 12, 14, and Chapter 3, Articles 2, 3, 5, 6, 7, 10, 11, and 12 Amended. No. 1206 (House Bill No. 897). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents; to change certain provisions regarding

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contents of affidavits which must accompany certain notices of candidacy; to provide for the withdrawal of certain candidates; to change the time for posting a list of candidates who have qualified; to change certain provisions relating to qualification of certain candidates for party nomination in a primary; to provide for meetings of boards of registrars; to change certain provisions regarding the date on which the presidential preference primary is to be conducted; to change certain dates relating to the functions of the presidential candidate selection committee and the Secretary of State; to change certain dates relating to the withdrawal of presidential candidates; to change certain provisions regarding the applicability of certain general primary provisions; to authorize certain principals, assistant principals, and area vocational school directors to designate persons to assist with voter registration; to change certain provisions relating to the eligibility of certain registrars, deputy registrars, and members of county boards of elections for certain nomination or office; to provide for additional methods of obtaining certain registration cards; to provide for absentee registration and voting by certain United States citizens permanently residing overseas who have never lived in the United States under certain circumstances; to change certain provisions relating to the issuance of certain voter registration cards; to provide for storage of registration cards which have been microfilmed or electronically imaged; to change certain provisions relating to the cancellation of certain absentee ballots; to provide for first-class mail notice of a hearing regarding the right of a person to remain on the list of electors; to provide that certain challenges to the right to register and the right to vote shall only be made in writing; to provide that certain precincts may be bounded by the boundaries of public parks, public school grounds, or churches; to change which maps may be used; to change certain provisions regarding notice of changes in precincts in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census; to provide for a time for reduction in size of certain precincts; to change certain provisions relating to the addresses to which certain absentee ballots can be mailed; to provide for fees for furnishing certain computer-run lists of electors; to provide for access of handicapped persons to certain polling places; to authorize certain election superintendents to obtain or to create and provide additional voter's certificates; to increase certain

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restrictions regarding campaign activities, public opinion polling, and petitioning near certain polling places; to provide that certain provisions regarding the conducting of certain special elections on specified dates shall apply to certain special primaries or special elections to fill vacancies in elected county or municipal offices; to provide for interim appointments under certain circumstances; to change certain provisions relating to preservation or destruction of certain election materials; to change the provisions relating to the appointment of municipal clerks; to provide for the superintendent to appoint clerks; to provide that municipal poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located; to provide that no person holding certain elective office shall be eligible to be appointed as a poll officer; to change the time when a notice of candidacy shall be filed in the office of the municipal elections superintendent; to change certain provisions regarding the designation of municipal election district precincts; to provide that violation of certain restrictions at a municipal polling place shall be a misdemeanor; to change the time period between the primary or election and the runoff after the day of holding the first primary or election; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-92, relating to qualifications of poll officers, and inserting in its place a new Code Section 21-2-92 to read as follows: 21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer.

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A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. Section 2 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows: (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and. Section 3 . Said title is further amended by striking subsection (a) of Code Section 21-2-134, relating to withdrawal of a candidate, and inserting in its place a new subsection (a) to read as follows: (a) (1) No candidate nominated at any primary election or nonpartisan primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate. (2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent

Page 1410

candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. Section 4 . Said title is further amended by striking paragraph (1) of subsection (d) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new paragraph to read as follows: (1) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. Section 5 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new paragraph (7) to read as follows: (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of

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this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and. Section 6 . Said title is further amended by striking Code Section 21-2-191, relating to the designation of political parties and bodies which may hold primaries, and inserting in its place a new Code Section 21-2-191 to read as follows: 21-2-191. As provided in this article, a presidential preference primary shall be held in 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992, and on the first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary. Section 7 . Said title is further amended by striking Code Section 21-2-193, relating to the selection of candidates to appear on the ballot, and inserting in its place a new Code Section 21-2-193 to read as follows:

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21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee composed of a nonvoting chairperson who shall be the Secretary of State and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairpersons of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the fourth week in November of the year preceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall also submit such list of names of potential presidential candidates to the selection committee during the fourth week in November of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the first week in December of the year preceding the year in which a presidential preference primary is held, on a date publicly announced by the chairperson. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than the end of the first week of December of the year preceding the year a presidential preference primary is held. Not later than December 15 of each year preceding the year in which a presidential preference

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primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested. (b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairperson of the selection committee, prior to December 15 of each year preceding the year in which a presidential preference primary is held, that such candidate's name be placed on the ballot. Not earlier than December 15, nor later than December 22 of the year preceding the year in which a presidential preference primary is held, the Secretary of State shall convene the committee to consider such requests; provided, however, that the committee shall not consider any request to place the name of any potential presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candidate whether or not such candidate's name will appear on the ballot. Section 8 . Said title is further amended by striking Code Section 21-2-194, relating to procedures for the withdrawal of presidential candidates, and inserting in its place a new Code Section 21-2-194 to read as follows: 21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless such candidate submits to the Secretary of State by 12:00 Noon, December 31, in each year preceding the year in which a presidential preference primary is held, an affidavit stating without qualification that such person is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of such person's

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political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot. Section 9 . Said title is further amended by striking Code Section 21-2-200, relating to the applicability of certain general primary provisions, and inserting in its place a new Code Section 21-2-200 to read as follows: 21-2-200. A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any. Section 10 . Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-211, relating to county registrars, and inserting in lieu thereof a new subsection to read as follows: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less

Page 1415

than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. Section 11 . Said title is further amended by striking subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows: (c) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university or such president's designee, and the director of each area vocational school or the designee of such director in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such principal or assistant principal, the president of such college or university or such president's designee, and the director of such area vocational school or the designee of such director are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presidents, directors, or designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to

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enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president, director or designee would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the designee of such principal or assistant principal, the president of any public or private college or university or such president's designee, or the director of any area vocational school or the designee of such director who serves as a deputy registrar by virtue of this subsection. Section 12 . Said title is further amended by striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. The office of any person who is a member of a county board of registrars, a deputy registrar, or a member of a county board of elections shall be vacated immediately upon such person's qualifying for nomination or office to be voted for at a primary or election pursuant to Code Sections 21-2-132 and 21-2-153 or upon giving notice of such person's intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, member of a county board of registrars, or deputy registrar, while conducting the duties of such person's office,

Page 1417

shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. Section 13 . Said title is further amended by striking Code Section 21-2-216, relating to obtaining registration cards, and inserting in its place a new Code Section 21-2-216 to read as follows: 21-2-216. The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State or the registrars may obtain or may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State. Such registration cards shall be used by the registrars in connection with the application of those persons seeking to register as electors. Section 14 . Said title is further amended by striking in its entirety subparagraph (b)(2)(A) of Code Section 21-2-217, relating to the form of registration cards and procedure in municipalities electing not to use the county registration system, and inserting in lieu thereof a new subparagraph to read as follows: (A) An absentee voter who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas and will be absent from his or her county of residence until after the time for registering for an ensuring primary or election may make proper application for absentee registration on the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. A person who is a United States citizen, permanently residing overseas, who has never lived in the United States, may register and vote in this state in

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the county of residence of either of such person's parents under this paragraph if either of the person's parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes. Section 15 . Said title is further amended by striking subsection (h) of Code Section 21-2-217, relating to the form of registration cards, and inserting in its place a new subsection (h) to read as follows: (h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signature, the date of the voter's registration, the name of the voter's precinct, the location of the voter's polling place, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's congressional district, state Senate district, state House district, county commission district, if any, board of education district, if any, and city council, city commission, or other municipal district, if any, or the voter's precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection. Section 16 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-218, relating to registration applications, cards, and places, and inserting in lieu thereof a new subsection to read as follows:

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(a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers: (1) In the office of the tax collector or the tax commissioner, and such office shall be deemed the main office of the board of registrars; or (2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. In those counties in which the completed registration cards have been microfilmed or electronically imaged, such completed registration cards may be stored in other locations, provided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location. Section 17 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-236, relating to examination of electors' qualifications by board of registrars, and inserting in lieu thereof a new subsection to read as follows: (d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person written notice of the time and place of a hearing to determine such right which shall be served upon such person in the manner provided in subsection (c) of this Code Section for other notices or by first-class mail, sent to the address on such person's registration card. Section 18 . Said title is further amended by striking Code Section 21-2-237, relating to challenges of electors, and inserting in its place a new Code Section 21-2-237 to read as follows:

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21-2-237. (a) Any elector of the county shall be allowed to challenge the right of registration of any person whose name appears upon the electors list and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the grounds of the challenge and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the county shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court. (b) Reserved. (c) Any elector of the county shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the county at any time, including election day itself. Such challenge shall be in writing and shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector appears at the polling place to vote, the challenged elector shall be given an opportunity to appear before the registrars and answer the grounds of challenge; and such registrars shall: (1) After hearing the challenger and the challenged elector, determine whether probable cause to sustain such challenge exists; (2) If no probable cause exists, permit the challenged elector to vote; or

Page 1421

(3) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word `challenged' written across the back of the challenged elector's ballot for later determination. Section 19 . Said title is further amended by striking subsection (a) of Code Section 21-2-261.1, relating to boundary requirements for precincts, and inserting in its place the following: (a) All voting precincts established or altered on or after the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by: (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, official municipal maps, official county maps, or any combination of such maps; (1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities. Section 20 . Said title is further amended by striking subsection (d) of Code Section 21-2-262, relating to division or alteration of precincts, and inserting in its place a new subsection (d) to read as follows: (d) Any other provisions of this Code section to the contrary notwithstanding, in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census, the notice of changes in precincts shall be accomplished by

Page 1422

sending such notices by first-class mail to the electors affected thereby at the addresses of such electors shown on the electors list; and such notices shall be in lieu of all other notices required by this subsection. Section 21 . Said title is further amended by striking in its entirety Code Section 21-2-263, relating to reduction in size of certain precincts, and inserting a new Code section to read as follows: 21-2-263. If at the previous general election a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1. Section 22 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-381, relating to absentee ballot applications, and inserting in its place a new paragraph (1) to read as follows: (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot

Page 1423

may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.

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Section 23 . Said title is further amended by striking Code Section 21-2-388, relating to cancellation of certain absentee ballots, and inserting in its place a new Code Section 21-2-388 to read as follows: 21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; (2) By appearing in person before the registrars and requesting in writing that the envelope containing the elector's absentee ballot be marked `Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write `Canceled' beside

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the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast. Section 24 . Said title is further amended by adding a new subsection at the end of Code Section 21-2-402, relating to voter's certificates, to be designated subsection (c), to read as follows: (c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State. Section 25 . Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicinity of polling places, and inserting in its place a new Code section to read as follows: 21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place.

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(b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) Any person who violates this Code section shall be guilty of a misdemeanor. Section 26 . Said title is further amended by striking in its entirety Code Section 21-2-500, relating to voting materials and their preservation, presentation to the grand jury, and destruction, and inserting in lieu thereof a new Code section to read as follows: 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

Page 1427

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. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. 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. Section 27 . Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-2-540, relating to special elections, and inserting in its place new paragraphs (2) and (3) to read as follows: (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989'; or (B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in elected county offices.

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Section 28 . Reserved. Section 29 . Said title is further amended by striking subsection (b) of Code Section 21-3-30, relating to municipal superintendents, and inserting in its place a new subsection (b) to read as follows: (b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct in which such candidate's name appears on the ballot in any primary or election. Section 30 . Said title is further amended by striking in its entirety Code Section 21-3-33, relating to the appointment of clerks, and inserting in lieu thereof a new Code Section 21-3-33 to read as follows: 21-3-33. Prior to the opening of the polls in each precinct at each election or primary, the superintendent shall appoint a sufficient number of clerks to serve therein at such election or primary. If additional clerks are required during the day for the purpose of counting ballots or for other purposes, the superintendent may appoint same. Section 31 . Said title is further amended by striking subsection (a) of Code Section 21-3-34, relating to qualifications of municipal poll officers, and inserting in its place a new subsection (a) to read as follows: (a) Poll officers shall be electors of the municipality in which they are appointed or the county in which the municipality is located and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election in which such poll officer shall serve. No person who is otherwise holding public office, other than a political party

Page 1429

office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daugher-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. Section 32 . Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 21-3-52, relating to special municipal elections, and inserting in its place new paragraphs (2) and (3) to read as follows: (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989'; or (B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection. (3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in municipal elected offices. Section 33 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to filing a notice of candidacy, a certificate of nomination, and an affidavit, and inserting in lieu thereof a new subsection to read as follows: (a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality: (1) At least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election; or

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(2) At least 50 days prior to the election in the case of a municipal general or special election held in conjunction with a November general election conducted under Chapter 2 of this title. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or a designee shall file a notice of candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election. Section 34 . Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows: (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidates's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and. Section 35 . Said title is further amended by adding a new subsection at the end of Code Section 21-3-94, relating to reopening of qualification for office, to be designated subsection (c), to read as follows: (c) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the municipal superintendent. A candidate of a political body or an independent candidate

Page 1431

in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the municipal superintendent. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. Section 36 . Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal registrars, and inserting in its place a new paragraph (1) to read as follows: (1) Each principal or assistant principal of every public or private high school or the designee of such principal or assistant principal, the president of every public or private college or university or such president's designee, and the director of each area vocational school or the designee of such director in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a municipality which lies outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school or the designee of such principal or assistant principal, the president of such college or university or such president's designee, and the director of such area vocational school or the designee of such director are authorized to register each qualified applicant who is enrolled as a student in the

Page 1432

school, college, or university on behalf of such student's respective municipality of residence. Such principals, assistant principals, presidents, directors, or designees shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school or the designee of such principal or assistant principal, the president of each public or private college or university or such president's designee, and the director of each area vocational school or the designee of such director are authorized to invite a deputy registrar to the school, college, or universtiy to register as electors those persons whom the principal, assistant principal, director, president, or designee would be authorized to register under this paragraph. Section 37 . Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. The office of any person who is a registrar, deputy registrar, or member of a board of elections shall be vacated immediately upon such person filing a notice of candidacy for any nomination or office to be voted for at a primary or election or upon such person's giving notice of such person's intent to be a write-in candidate; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing

Page 1433

campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages. Section 38 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to duties of the county registrar in municipalities using the county registration system, location of the main office of the board of registrars, and registration places, and inserting in lieu thereof a new subsection to read as follows: (b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers: (1) In the office of the city clerk, and such office shall be deemed the main office of the board of registrars; or (2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. In those municipalities in which the completed registration cards have been microfilmed or electronically imaged, such completed registration cards may be stored in other locations, provided that the same degree of security for such cards as would be provided at the main office of the registrars is maintained at such other location. For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed at such main office where the completed registration cards are kept at such times as the office is open during

Page 1434

regular office hours. The governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. Blank registration cards shall be kept in the places designated for registration and completed registration cards shall be kept in the main office of the registrars, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. Section 39 . Said title is further amended by striking Code Section 21-3-124, relating to the form of municipal registration cards, and inserting in its place a new Code Section 21-3-124 to read as follows: 21-3-124. The form of municipal registration shall be specified by the governing authority, except that, if the governing authority does not elect to use the county registration list, the municipal registrar shall be required to register voters on the uniform registration card printed and distributed by the Secretary of State as required in Code Section 21-2-217. The governing authority may elect to obtain or may elect to create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such other cards are in the form specified in Code Section 21-2-217 and are approved by the Secretary of State. Section 40 . Said title is further amended by adding a new subsection at the end of Code Section 21-3-135, relating to filing the certified list of voters with the city clerk, to be designated subsection (c), to read as follows: (c) In those municipalities using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such municipalities to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or

Page 1435

a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00. Section 41 . Said title is further amended by striking Code Section 21-3-138, relating to challenges of municipal electors, and inserting in its place a new Code Section 21-3-138 to read as follows: 21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall be in writing and shall specify the ground of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court. (b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge shall be in writing and shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's precinct shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector appears at the polling place to vote, the challenged elector shall be given an opportunity to appear before the registrars and answer the grounds of challenge;

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and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall: (1) If no probable cause exists, permit the challenged elector to vote; (2) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word `challenged' written across the back of the challenged elector's ballot for later determination; or (3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words `ineligible to vote' written on the electors list next to the challenged elector's name. Section 42 . Said title is further amended by striking Code Section 21-3-160, relating to the designation of municipal election district precincts, and inserting in its place a new Code Section 21-3-160 to read as follows: 21-3-160. The governing authority of each municipality shall determine and establish the number and boundaries of municipal voting precincts in accordance with the provisions of this article. Insofar as practicable, the precincts shall be the same as those for state and county elections. Section 43 . Said title is further amended by striking subsection (a) of Code Section 21-3-161.1 and inserting in its place the following: (a) All voting precincts established or altered on or after the date paragraphs (1.1), (1.2), and (1.3) of this subsection become effective in 1994 shall consist of areas which are bounded on all sides only by: (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, official municipal

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maps, official county maps, or any combination of such maps; (1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities. Section 44 . Said title is further amended by striking subsection (a) of Code Section 21-3-164, relating to polling places, and inserting in its place a new subsection (a) to read as follows: (a) In selecting polling places, the governing authority shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to the handicapped for the purpose of voting; and any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the municipality have suitable and appropriate access to the handicapped for the purpose of voting. Section 45 . Said title is further amended by striking subsection (a) of Code Section 21-3-283, relating to municipal absentee ballot applications, and inserting in its place a new subsection (a) to read as follows:

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(a) Any absentee elector may make an application either by mail, by fascimile transmission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. Section 46 . Said title is further amended by striking Code Section 21-3-288, relating to cancellation of municipal absentee ballots, and inserting in its place a new Code Section 21-3-288 to read as follows: 21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector who has requested to vote by absentee ballot

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based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial the same. The poll manager shall also make appropriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent; (2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked `Canceled.' After having satisfied himself or herself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast. Section 47 . Said title is further amended by adding a new subsection at the end of Code Section 21-3-311, relating to

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municipal voter's certificates, to be designated subsection (c), to read as follows: (c) The election superintendent may obtain or may create and provide other voter's certificates in lieu of the voter's certificates provided by the Secretary of State, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State. Section 48 . Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities, public opinion polling, and petitioning within the vicinity of municipal polling places, and inserting in lieu thereof a new Code section to read as follows: 21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place.

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(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. Section 49 . Said title is further amended by striking subsection (b) of Code Section 21-3-407, relating to vote required for nomination or election in municipalities, and inserting the following: (b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. In the case of a general primary or general election, such runoff shall be held on the twenty-first day after the day of holding the first primary or election, unless such run-off date is postponed by court order. In the case of a special primary or special election, such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the holding of the first special primary or special election, on a date specified by ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election

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shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-3-136. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he or she seeks shall be declared the winner. Section 50 . Said title is further amended by striking in its entirety Code Section 21-3-409, relating to election materials and their delivery, preservation, and destruction, and inserting in lieu thereof a new Code section to read as follows: 21-3-409. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the city clerk the used, unused, and void ballots and the stubs of all ballots used; the oaths of poll officers; and one copy of each numbered list of voters, tally papers, voting machine paper proof sheets, and return sheets involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate.

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Section 51 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 52 . All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1994. ELECTIONSCOMPREHENSIVE REVISION TO CONFORM TO NATIONAL VOTER REGISTRATION ACT OF 1993. Code Title 21, Chapters 2 and 3 Amended. Code Sections 21-2-100, 21-2-601, and 21-3-39 Enacted. Code Sections 21-3-141 and 21-3-480 Repealed. No. 1207 (House Bill No. 1429). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993; to provide for powers, duties, and authority of the Secretary of State and the State Election Board; to provide for training of certain local election officials; to revise substantially and change provisions relating to registration of voters so as to conform with the requirements of such federal act; to provide for powers, duties, and authority of local election officials; to provide for powers, duties, and authority of the Department of Public Safety; to provide for increased criminal penalties with respect to registration and voting; to provide for criminal penalties with respect to soliciting persons to register to vote; to correct certain cross-references; to amend Code Section 36-36-32 of the Official Code of Georgia Annotated,

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relating to annexation, so as to correct a cross-reference; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in its place a new Code Section 21-2-50 to read as follows: 21-2-50. The Secretary of State shall exercise all the powers granted to the Secretary of State by this chapter and shall perform all the duties imposed by this chapter, which shall include the following: (1) To determine the forms of nomination petitions, ballots, and other forms the Secretary of State is required to determine under this chapter; (2) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing, in accordance with this chapter, and to settle any disputes concerning such statements; (3) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with the Secretary of State in accordance with this chapter; (4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional

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amendment or other question to be voted upon at such election; (5) To furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, recap sheets, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as the Secretary of State shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use; (6) To receive from the superintendent the returns of primaries and elections and to canvass and compute the votes cast for candidates and upon questions, as required by this chapter; (7) To furnish upon request a certified copy of any document in the Secretary of State's custody by virtue of this chapter and to fix and charge a fee to cover the cost of furnishing same; (8) To perform such other duties as may be prescribed by law; (9) To determine and approve the form of ballots for use in special elections; (10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for further distribution to candidates for county and militia district offices;

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(11) To conduct training sessions at such places as the Secretary of State deems appropriate in each year, for the training of registrars and superintendents of elections; (12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law; (13) To prepare and furnish information for citizens on voter registration and voting; and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter. Section 2 . Said title is further amended by adding a new Code section immediately following Code Section 21-2-99, to be designated Code Section 21-2-100, to read as follows: 21-2-100. (a) On and after January 1, 1995, the election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (b) The basis for the minimum requirement of training shall be two calendar years. (c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (d) The cost of the training shall be borne by the governing authority of each county from county funds.

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(e) The minimum training required under this Code section shall not apply to deputy registrars. Section 3 . Said title is further amended by striking Article 6 of Chapter 2, relating to registration of voters, and inserting in its place a new Article 6 to read as follows: ARTICLE 6 21-2-210. The Secretary of State is designated as the chief state election official to coordinate the responsibilities of this state under the National Voter Registration Act of 1993 (P.L. 103-31) as required by 42 U.S.C. Section 1973gg-8. 21-2-211. (a) The Secretary of State shall establish and maintain a list of all eligible and qualified registered electors in this state which shall be the official list of electors for use in all elections in this state conducted under this title. (b) (1) As used in this subsection, the term `equipment' shall include, but not be limited to, computer hardware; computer software; modems, controllers, and other data transmission devices; data transmission lines; scaners and other digital imaging devices; and printers. (2) The Secretary of State is authorized to procure and provide all of the necessary equipment to permit the county boards of registrars to access and utilize the official list of electors maintained by the Secretary of State pursuant to this Code section, provided that funds are specifically appropriated by the General Assembly for that purpose. 21-2-212. (a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of

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ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The registrars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of death, resignation, or removal as provided in this Code section. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section. (b) The first appointees under this article shall take office on July 1, 1965, for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. The first new grand jury which convenes in each county in the year 1965, and each four years thereafter,

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shall submit to the judge the list of names as provided in subsection (a) of this Code section. Such list shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. (d) Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than 600,000 according to the United States decennial census of 1990 or any future such census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one

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of the registrars as chief registrar, who shall serve as such during such registrar's term of office. Such designation shall likewise be entered on the minutes of the governing authority. It shall be the duty of the governing authority to certify the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of the death, resignation, or removal of any registrar, such registrar's duties and authority as such shall terminate instantly. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars. (e) The board of registrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and shall submit the same at the time and in the manner and form other county budget estimates are required to be filed. 21-2-213. (a) The board of registrars in each county may appoint deputy registrars to aid them in the discharge of their duties. The number of deputy registrars appointed to serve shall be determined by the board of registrars. Such deputy registrars shall serve without compensation unless the governing authority of the county, by resolution, authorizes compensation. In appointing deputy registrars, the registrars shall select persons who are reasonably representative

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of a cross section of significantly identifiable groups of the communities or areas where they are to serve. (b) The board of registrars in each county may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in the county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed. (c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file. 21-2-214. (a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. (b) The office of a member of a county board of registrars, a deputy registrar, member of a county board of elections or county board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to

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a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in this Code section shall cause the office of a member of a county board of registrars, deputy registrar, member of a county board of elections or county board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county board of registrars, deputy registrar, member of a county board of elections or county board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state: `I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace.

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(f) The registrars shall conduct their duties in public and all hearings on the qualifications of electors shall be conducted in public. 21-2-215. (a) For the purpose of taking and processing applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed in the main office of the board of registrars. (b) In those counties in which the registrars have a main office separate from other county offices, the main office shall be in the courthouse or other public building at the county site. In those counties in which the registrars do not have an office separate from other county offices, the office of the chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal business hours shall be deemed to be the main office of the board of registrars. (c) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public. (d) The board of registrars may designate additional registration places throughout the county on a temporary or permanent basis. These additional offices for registration will have fixed hours of operation. All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of the following: churches, synagogues, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings and shopping centers, multi-family apartment complexes, child care centers, and educational facilities, provided that such places are in fact open to and frequented by the general public.

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(e) Additional registration places and the hours of operation shall be advertised in a newspaper of general circulation in the county or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration. (f) The State Election Board shall adopt rules and regulations setting forth criteria governing the selection of voter registration places in conformity with the provisions of subsection (d) of this Code section. Boards of registrars shall not adopt rules nor utilize procedures inconsistent with such rules and regulations adopted by the State Election Board; provided, however, that nothing contained in this subsection shall supersede the ultimate authority of local boards in selecting additional voter registration sites. (g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or such president's designee, and the director of each area vocational school in this state shall obtain and make available the mail voter registration applications provided for in Code Section 21-2-223 for the purpose of registering as electors those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school, the school system, or the college or university. Such principals, assistant principals, presidents or designees, and directors shall inform their students and employees of the availability of such forms and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite deputy registrars to the school, college, or university for the purpose of conducting voter registration. (h) The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent

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additional voter registration places established under this Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. (i) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article. 21-2-216. (a) No person shall vote in any primary or election held in this state unless such person shall be: (1) Registered as an elector in the manner prescribed by law; (2) A citizen of this state and of the United States; (3) At least 18 years of age; (4) A resident of this state and of the county in which he or she seeks to vote; and (5) Possessed of all other qualifications prescribed by law. (b) In addition to the qualifications in subsection (a) of this Code section, no person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence and no person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed. (c) Any person who possesses the qualifications of an elector except that concerning age shall be permitted to register

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to vote if such person will acquire such qualification within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of all specified qualifications. (d) Notwithstanding any other provision of this article, any person who was qualified and registered to vote on June 24, 1964, shall not be required to reregister under the terms of this article unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article. (e) If any citizen of this state begins residence in another state after the thirtieth day next preceding any election for President and Vice President and, for that reason, does not satisfy the registration requirements of that state, such citizen shall be allowed to vote for presidential and vice presidential electors, in that election, in person in this state if such citizen satisfied, as of the date of such citizen's change of residence, the requirements to vote in this state, or by absentee ballot in this state if such citizen satisfies, but for such citizen's nonresident status and the reason for such citizen's absence, the requirements for absentee voting in this state. (f) No person shall remain an elector longer than such person shall retain the qualifications under which such person registered. 21-2-217. (a) In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable: (1) The residence of any person shall be held to be in that place in which such person's habitation is fixed, without any present intention of removing therefrom, and to which, whenever such person is absent, such person intends to return;

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(2) A person shall not be considered to have lost such person's residence who leaves such person's home and goes into another state, or county in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such person's citizenship and residence; (3) A person shall not be considered to have gained a residence in any county of this state into which such person has come for temporary purposes only without the intention of making such county such person's permanent place of abode; (4) If a person removes to another state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such person's place of residence, such person shall be considered to have lost such person's residence in this state, notwithstanding that such person may intend to return at some indefinite future period; (6) If a person removes to another county within this state with the intention of remaining there an indefinite time and making such other county such person's place of residence, such person shall be considered to have lost such person's residence in the former county, notwithstanding that such person may intend to return at some indefinite future period; (7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (8) No person shall be deemed to have gained or lost a residence by reason of such person's presence or absence while enrolled as a student at any college, university, or other institution of learning in this state;

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(9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such person's residence in this state during the period of such service; and the place where the person resided at the time of such person's removal shall be considered and held to be such person's place of residence; (12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence for voting purposes in the county in which the institution to which such person is committed is located; and (13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such person's residence in this state. (b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant's expressed intent, any relevant circumstances determining the applicant's residence. The registrars taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary

Page 1459

or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes. 21-2-218. (a) Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence. (b) Any person, who is registered to vote in another county in this state and who moves such person's residence from that county to another county in this state, shall, at the time of making application to register to vote in that county, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence. (c) In the event that an elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact at least 30 days prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county which is different from the address contained on the person's registration card. (d) In the event that an elector moves to a residence within the county but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact at least

Page 1460

30 days prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail. (e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county to another within 30 days prior to a primary or election may vote in the county or precinct in which such elector is registered to vote. (f) No person shall vote in any county other than the county of such person's residence except as provided in subsection (e) of this Code section. (g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address. 21-2-219. (a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State. Except as provided in subsection (b) of this Code section, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section

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1973gg-7, shall be accepted for purposes of voter registration. (b) A person who is a legal resident of this state and a citizen of the United States; who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas; and who will be absent from such person's county of residence until after the time for registering for an ensuing primary or election may make proper application for voter registration on the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (c) Permanent overseas citizens shall only be authorized to vote for presidential electors and United States senator or representative in Congress. Permanent overseas citizens shall be deemed to be residents of the precinct in which the county courthouse is located. (d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. (e) A person who is a United States citizen, permanently residing overseas, who has never lived in the United States, may register and vote in this state in the county of residence of either of such person's parents under the limitations of subsection (c) of this Code section if either of the person's parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes. 21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence

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in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any runoff elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (c) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. 21-2-221. (a) Each application to obtain, renew, or change the name or address on a driver's license or identification card issued by the Department of Public Safety pursuant to Chapter 5 of Title 40 made by an applicant who is within six months of such applicant's eighteenth birthday or older shall also serve as an application for voter registration

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unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The commissioner of public safety and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section. (c) The forms designed by the commissioner of public safety and the Secretary of State: (1) Shall not require the applicant to duplicate any information required in the driver's license portion of the application with the exception of a second signature; (2) Shall include such information as required on other voter registration cards issued by the Secretary of State; (3) Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such requirement, and that requires the signature of the applicant under penalty of perjury; and (4) Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (d) Any change of address submitted to the Department of Public Safety for the purpose of changing the information contained on a driver's license or identification card issued by the Department of Public Safety shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not for voter registration purposes.

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(e) The Department of Public Safety shall transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (f) The Department of Public Safety shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (g) No information relating to the failure of an applicant for a driver's license or identification card issued by the Department of Public Safety to sign a voter registration application may be used for any purpose other than voter registration. 21-2-222. (a) As used in this Code section, the term: (1) `Persons with disabilities' means persons who have physical disabilities, including, but not limited to, any physical or neurological impairment which severely restricts a person's mobility or manual dexterity; substantial loss of speech, sight, or hearing; or loss of one or more limbs or use thereof; but such term shall not include nonphysical disabilities, mental or emotional disabilities, or disabilities based upon substance abuse. (2) `Public assistance' means the food stamp program; the Medicaid program; the Women, Infants, and Children program; and the Aid to Families With Dependent Children program. (3) `Recruitment office of the armed forces of the United States' includes both regular and reserve forces recruitment offices and national guard recruitment offices. (b) Each office in this state:

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(1) Which provides public assistance; (2) Which provides state funded programs primarily engaged in providing services to persons with disabilities; and (3) Which is a recruitment office of the armed forces of the United States located within this state shall be designated voter registration agencies. (c) In addition to the offices listed in subsection (b) of this Code section, the Secretary of State shall designate other offices within the state as designated voter registration offices. Such offices may include, but not be limited to: (1) State or local governmental offices such as public libraries, public schools, offices of county and municipal clerks, and government revenue offices; and (2) Federal and nongovernmental offices, with the agreement of such offices. (d) At each designated voter registration agency, the following services shall be made available: (1) Distribution of the mail voter registration application provided for in Code Section 21-2-223 in accordance with subsection (f) of this Code section; (2) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance; and (3) Acceptance of completed voter registration application forms for submission to the Secretary of State. (e) If a designated voter registration agency under paragraph (2) of subsection (b) of this Code section provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (d) of this Code section at such person's home.

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(f) A designated voter registration agency that provides service or assistance in addition to conducting voter registration shall: (1) Distribute with each application for such service or assistance and with each recertification, renewal, or change of address from relating to such service or assistance, when such application, recertification, renewal, or change of address is made in person, the mail voter registration application form provided for in Code Section 21-2-223 unless the applicant declines in writing to register to vote; (2) Distribute a form provided by the Secretary of State to accompnay the voter registration application form which includes: (A) The question `If you are not registered to vote where you live now, would you like to apply to register to vote here today?'; (B) If the agency provides public assistance, the statement `Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.'; (C) Boxes for the applicant to check to indicate whether the applicant is presently registered, would like to register, or declines to register to vote with the statement `IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.' in close proximity to the boxes and in prominent type; (D) The statements `If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application in private.'; and (E) The statement `If you believe that someone has interfered with your right to register or to decline

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to register to vote or your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the Secretary of State at (insert address and telephone number).'; and (3) Provide to each applicant who does not decline to apply to register to vote the same degree of assistance with regard to the completion of the voter registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance. (g) If an applicant fails to check either box on the form required by subparagraph (f)(2)(C) of this Code section, the applicant shall be deemed to have declined to apply to register to vote. (h) No information relating to a declination to apply to register to vote in connection with an application made at an office described in subsection (f) of this Code section may be used for any purpose other than voter registration and shall not be subject to public inspection. (i) Each office shall transmit the completed voter registration application forms to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (j) Each office shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (k) Persons providing the services described in subsection (d) of this Code section shall not: (1) Seek to influence an applicant's political preference;

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(2) Display any such political preference or political party or body allegiance; (3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from applying to register to vote; or (4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to apply to register or not to apply to register to vote has any bearing on the availability of services or benefits. 21-2-223. (a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (b) The county boards of registrars shall obtain and maintain a supply of mail voter registration application forms for distribution and for voter registration. In addition, each state, county, and municipal office, except an office which is a designated voter registration office under Code Section 21-2-222, which has regular contact with the public shall obtain a supply of mail voter registration application forms from the Secretary of State and make such applications available for use by citizens to register to vote. (c) The mail voter registration application forms shall be made available through governmental and private entities with particular emphasis on making such forms available for organized voter registration programs. 21-2-224. (a) If any person whose name is not on the list of registered electors desires to vote at any general primary, general election, or presidential preference primary, such person shall make application as provided in this article

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by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary, general election, or presidential preference primary. (b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, that, if such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; provided, however, that an elector,

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voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. (e) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used. (f) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. (g) All persons whose names appear on the list of electors placed in the possession of the managers in each precinct and no others except as otherwise provided in this article shall be allowed to deposit their ballots according to law at the precinct in which they are registered. (h) When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed; and, if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as provided in Code Section 21-2-228. 21-2-225. (a) Neither the original applications for voter registration nor any copies thereof shall be open for public inspection except upon order of a court of competent jurisdiction.

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(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agency's database and is not disseminated further and remains confidential. (c) It shall be the duty of the Secretary of State and the board of registrars to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on computer tape or diskette or computer run list or both. The Secretary of State shall establish by rule or regulation the cost to be charged for such lists. Such data may not be used by any person for commercial purposes. 21-2-226. (a) It shall be the duty of the county board of registrars to determine the eligibility of each person applying to register to vote in such county. (b) Upon finding an elector eligible to vote in the county, the county board of registrars shall have the duty of determining and placing the elector in the proper congressional district; state Senate district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any; such other voting districts, if any; and precinct. (c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later

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than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. (d) Each person submitting an application for voter registration shall be notified of the disposition of such application. In the event that the person is found ineligible, the person shall be notified of the reasons for ineligibility. Such notices shall be sent to the person in writing by nonforwardable, first-class mail. (e) Each elector found eligible to be registered to vote by the board of registrars shall be issued a card which shall contain the elector's name and address, a block or space for the elector's signature, the date of the elector's registration, the name and location of the elector's polling place or polling places if the county and municipal polling places are not the same, and the designation of the elector's congressional district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any, and such other voting districts, if any. On the reverse side of the card, there shall be printed instructions which shall indicate the procedure to be followed in the event of the change of address of the elector. In the event an elector changes residences within the county in which an elector is registered to vote, the elector may change such elector's address by returning the card to the board of registrars of such county indicating the new address. Upon receipt of such card, the board of registrars shall make the necessary changes in the elector's registration records and issue a new card to the elector. In the event that an elector's precinct or voting district or districts change, a new card shall be issued to the elector reflecting such changes. The form of such cards shall be determined by the Secretary of

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State. The issuance of such cards shall be sufficient as a notification of the disposition of an application for voter registration under this Code section, provided that such cards are sent by nonforwardable, first-class mail. (f) In the event that the registrars are required to issue voters new cards under subsection (e) of this Code section due to changes in districts or precincts as a result of reapportionment or court order, the registrars may apply to the Secretary of State prior to June 30 of each year for reimbursement of the costs of postage with respect to mailing such cards during the 12 month period ending on June 30 of that year. The Secretary of State shall receive all such applications and shall, no later than June 30 of each year, reimburse the counties for such costs from funds specifically appropriated for that purpose. In the event that the total amount of the requests for reimbursement exceeds the funds appropriated for reimbursement, the Secretary of State shall reimburse the counties on a pro rata basis. In the event that no funds are specifically appropriated for reimbursement, no such reimbursement shall be made. 21-2-227. Whenever the authority of a governmental subdivision within a county who is charged with the responsibility of holding elections shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to prepare promptly and furnish such a list. 21-2-228. (a) The board of registrars of each county shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector of the county whose name is entered upon the list of electors and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the board of registrars may, upon at least three days' notice, require the production of books, papers, and other material and, upon like notice, may subpoena witnesses. The board may swear any

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witness appearing before it. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a majority of the registrars shall control. (c) The sheriff, any deputy sheriff, or any lawful constable of such county shall serve all summonses, notices, and subpoenas issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported immediately by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person at least three days' written notice of the date, time, and place of a hearing to determine such right which shall be served upon such person either by first-class mail or in the manner provided in subsection (c) of this Code section for other notices. (e) If, after conducting a hearing, the registrars find that the elector is not qualified to remain on the list of electors, the registrars shall remove the name of such elector from the list of electors. (f) An elector whose name is removed from the list of electors in accordance with this Code section shall have a right of appeal of such decision to the superior court of the county by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand.

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21-2-229. (a) Any elector of the county may challenge the qualifications of any person applying to register to vote in the county and may challenge the qualifications of any elector of the county whose name appears on the list of electors. Such challenges shall be in writing and shall specify the grounds of the challenge. (b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail or in the manner provided in subsection (c) of Code Section 21-2-228. (c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the production of books, papers, and other material upon application by the person whose qualifications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the challenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. (e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days

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after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand. 21-2-230. (a) Any elector of the county may challenge the right of any other elector of the county, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the close of the polls on the day of the election. (b) Upon the filing of such challenge, the county board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the challenged elector's precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the absentee ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer. (c) If the challenged elector appears at the polling place to vote, such elector shall be given the opportunity to appear before the registrars and answer the grounds of the challenge. (d) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and if the challenge is based on grounds other than the qualifications of the elector to remain on the list of electors, no further action by the registrars shall be required. (e) If the challenged elector cast an absentee ballot and it is not practical to conduct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors,

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the absentee ballot shall be treated as a challenged ballot pursuant to subsection (d) of Code Section 21-2-386. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of electors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (h) If the challenged elector appears at the polls to vote and it is practical to conduct a hearing on the challenge prior to the close of the polls, the registrars shall conduct such hearing and determine the merits of the challenge. If the registrars deny the challenge, the elector shall be permitted to vote in the election not withstanding the fact that the polls may have closed prior to the time the registrars render their decision and the elector can actually vote, provided that the elector proceeds to vote immediately after the decision of the registrars. If the registrars uphold the challenge, the challenged elector shall not be permitted to vote and, if the challenge

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is based upon the grounds that the elector is not qualified to remain on the list of electors, the challenged elector's name shall be removed from the list of electors. (i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenged cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by having the word `Challenged' and the elector's name written across the back of the elector's ballot notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. 21-2-231. (a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county.

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(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall cause the names of such persons whose names appear on the list of electors to be removed from the list of electors and shall cause a notice of such action and the reason therefor to be sent to the last known address of such persons by firstclass mail. 21-2-232. (a) An elector may request to have such elector's name removed from the list of electors by making a written request to the registrars of such elector's county of residence. Upon receipt of such request, the registrars shall remove such elector's name from the list of electors and shall confirm such removal by written notice by first-class mail sent to the address on the elector's registration records. (b) When an elector of this state moves to another county or state and registers to vote and the registration officials send a notice of cancellation reflecting the registration of the elector in the other county or state, the Secretary of State or the board of registrars, as the case may be, shall remove such elector's name from the list of electors. It shall not be necessary to send a confirmation notice to the elector in such circumstances.

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21-2-233. (a) Beginning in 1996, during the month of January in each year except a year in which a presidential preference primary is to be conducted and during the month of March in years in which a presidential preference primary is to be conducted, the Secretary of State shall cause the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees for the purpose of identifying those electors whose addresses have changed. (b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses. If the elector confirms the change of address to an address outside of the boundaries of the county in which the elector is presently registered, the elector's name shall be removed from the list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote.

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21-2-234. (a) (1) As used in this Code section, the term `no contact' shall mean that the elector has not voted in any election, has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, and has not confirmed the elector's continuation at the same address during the preceding three calendar years. (2) Beginning in 1997, prior to February 1 of each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding three calendar years and who were not identified as changing addresses under Code Section 21-2-233. The Secretary of State shall cause the confirmation notice described in this Code section to be sent to each such elector prior to March 1 of each odd-numbered year. Such notices shall be sent by forwardable, first-class mail. (b) When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgements under Code Section 21-2-225, are returned undeliverable by the United States Postal Service, the Secretary of State shall cause the confirmation notice described in this Code section to be sent to such electors. (c) The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a notice which states substantially the following: (1) If the elector has not changed addresses or has changed addresses within the county in which the elector is currently registered, the elector must return the card with the updated information, if any, no later than the close of business on the fourth Friday prior to the next general primary or general election for federal offices or presidential preference primary, whichever comes first;

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(2) If the card is not returned, the elector will be required to affirm or confirm the elector's address before voting in any election beginning on the date of the notice and ending on the day after the second November election which occurs after the date of the notice; and (3) If the elector does not vote in an election during the period beginning on the date of the notice and ending on the day after the second November election which occurs after the date of the notice, the elector's name will be removed from the list of electors. (d) If the elector has changed residence to a place outside of the boundaries of the county in which the elector is currently registered, information shall be sent to the elector explaining how the elector can continue to be eligible to vote. (e) If such elector returns the card and confirms that such elector continues to reside at the current address at which such elector is registered, the fact of such confirmation shall be recorded and the elector shall remain on the list of electors. If the elector returns the card and states that the elector has changed residences within the county in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-225. (f) If the elector returns the card and states that the elector has changed addresses outside of the boundaries in which the elector is currently registered to vote, the elector's name shall be removed from the list of electors. (g) If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (h) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote.

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(i) List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section. 21-2-235. (a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records. (b) An elector placed on the inactive list of electors shall remain on such list until the day after the second November election held after the elector is placed on the inactive list of electors. If the elector does not vote in any election held during that period, the elector shall be removed from the inactive list of electors. (c) An elector whose name is on the inactive list of electors may vote: (1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records;

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(2) If the elector has moved to a address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or (3) If the elector has moved to a address within the county in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elector still resides in the county and completing a change of address card affirming the new address within the county. (d) If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records. (e) In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors. 21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists. (b) The registration applications of persons whose applications were rejected and all related material and records shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the

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identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. Section 4 . Said title is further amended by striking subsection (b) of Code Section 21-2-381, relating to absentee ballot applications, and inserting in its place a new subsection (b) to read as follows: (b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the identity of the elector from information given on the application, the registrar should promptly write to request additional information. In the case of an unregistered applicant who is eligible to register to vote, the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the board not later than the close of the polls on the day of the primary or election concerned.

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Section 5 . Said title is further amended by striking Code Section 21-2-401, relating to duties of election officials, and inserting in its place a new Code Section 21-2-401 to read as follows: 21-2-401. (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each precinct, and, in precincts in which ballots are used, the official ballots prepared for use therein shall be packed by the superintendent in separate sealed packages for each precinct, marked on the outside so as to designate clearly the precincts for which they are intended and, in the case of precincts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the precinct, to the managers in the several precincts prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective precincts shall, on delivery to them of such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in the superintendent's discretion, require the managers of the respective precincts to call at the superintendent's office to obtain such packages. (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In addition, the registrars shall at the same time place in the possession of the managers in each precinct one copy of the list of inactive electors for such precinct. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the

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registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (c) The registrars may, in their discretion, place a master list containing the names and proper voting precincts of all electors and all inactive electors of the county at some or all of the polling places located in the county on the day of each election for use by the poll workers to assist electors in locating their proper precinct. Section 6 . Said title is further amended by striking subsection (c) of Code Section 21-2-431, relating to voters' certificates, and inserting in its place a new subsection (c) to read as follows: (c) Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct. Section 7 . Said title is further amended by striking subsection (b) of Code Section 21-2-433, relating to elector admission to the enclosed space, and inserting in its place a new subsection (b) to read as follows: (b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the poll officer shall write the word `Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given

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to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelop, which shall be sealed and returned to the superintendent. Section 8 . Said title is further amended by striking subsection (c) of Code Section 21-2-451, relating to voters' certificates, and inserting in its place a new subsection (c) to read as follows: (c) Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct. Section 9 . Said title is further amended by striking subsection (g) of Code Section 21-2-452, relating to elector admission to the enclosed space, and inserting in its place a new subsection (g) to read as follows: (g) If an elector's right to vote has been challenged pursuant to Code Section 21-2-230, the elector shall not be permitted to vote on the voting machine but shall vote by ballot in the manner prescribed by this chapter. Section 10 . Said title is further amended by striking subsection (a) of Code Section 21-2-501, relating to prerequisites for nomination or election, and inserting in its place a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority

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of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224. Section 11 . Said title is further amended by striking Code Section 21-2-561, relating to penalties for false registration, and inserting in its place a new Code Section 21-2-561 to read as follows: 21-2-561. Any person who:

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(1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector's own name; or (3) Knowingly gives false information when registering as an elector shall be guilty of a felony. Section 12 . Said title is further amended by striking Code Section 21-2-571, relating to penalties for voting by an unqualified elector, and inserting in its place a new Code Section 21-2-571 to read as follows: 21-2-571. Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-223 or who knowingly gives false information to poll officers in an attempt to vote in any primary or election shall be guilty of a felony. Section 13 . Said title is further amended by striking Code Section 21-2-600, relating to prohibition against using list of electors for commercial purposes, and inserting in its place a new Code Section 21-2-600 to read as follows: 21-2-600. Any person who intentionally uses the list of electors provided for in Code Section 21-2-225 for commercial purposes shall be guilty of a misdemeanor. Section 14 . Said title is further amended by adding a new Code section immediately following Code Section 21-2-600, to be designated Code Section 21-2-601, to read as follows: 21-2-601. It shall be illegal to receive, accept, offer, or provide compensation for soliciting persons to register to vote based upon the number of persons registered and any person who knowingly receives, accepts, offers, or provides such compensation on such basis shall be guilty of a misdemeanor.

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Section 15 . Said title is further amended by adding a new Code section immediately following Code Section 21-3-38, to be designated Code Section 21-3-39, to read as follows: 21-3-39. (a) On and after January 1, 1995, the election superintendent and at least one registrar shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (b) The basis for the minimum requirement of training shall be two calendar years. (c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or registrar that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (d) The cost of the training shall be borne by the municipal governing authority from municipal funds. (e) The minimum training required under this Code section shall not apply to deputy registrars. Section 16 . Said title is further amended by striking Article 6 of Chapter 3, relating to municipal voter registration, and inserting in its place a new Article 6 to read as follows: ARTICLE 6 21-3-120. (a) The governing authority shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the governing authority. Such registrars shall serve at the pleasure of the governing authority, and compensation of the registrars shall be fixed by the governing authority.

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(b) Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of such removal or resignation of any registrar, such registrar's duties and authority as such shall terminate immediately. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified by the governing authority. The governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars. (c) The chief registrar shall serve as the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. (d) The governing authority may appoint such deputy registrars and may hire such clerical help to aid the registrars in the performance of their duties as are necessary. The terms of office and compensation shall be fixed by the governing authority. Compensation shall be provided from municipal funds. (e) Code Section 21-3-121 shall not apply to deputy registrars who serve as such by virtue of this Code section. 21-3-121. (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. The office of a registrar, deputy registrar, or member of a municipal board of elections shall be vacated upon such officer's filing a notice of candidacy for any nomination or office to be voted for at a general primary or general election; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. However, nothing contained in this Code section shall cause the office of a registrar, deputy registrar, or member of a municipal board of elections to be vacated upon such officer's qualifying for office, having such officer's name placed on the ballot, or

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holding office in a political party or body or serving as a presidential elector. (b) No registrar, deputy registrar, or member of a municipal board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages. (c) Before entering upon the duties of office, each registrar and deputy registrar shall swear to perform such registrar's or deputy registrar's duties faithfully, which oath shall be administered by some officer authorized to administer oaths under the laws of this state. 21-3-122. (a) No person shall vote in any municipal primary or election unless such person shall be: (1) Registered as an elector in the manner prescribed by law in Chapter 2 of this title; (2) A citizen of this state and of the United States; (3) At least 18 years of age; (4) A resident of the municipality in which such person seeks to vote, notwithstanding any provision of any municipal charter to the contrary; and (5) Possessed of all other qualifications prescribed by law. (b) In addition to the qualifications in subsection (a) of this Code section, no person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence. No person who has been judicially determined to be mentally

Page 1494

incompetent may register, remain registered, or vote unless the disability has been removed. (c) Any person who possesses the qualifications of an elector except those concerning age shall be permitted to register to vote if such person will acquire such qualifications within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of such qualifications. 21-3-123. (a) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any municipal general primary or general election, such person shall make application as provided in Article 6 of Chapter 2 of this title by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary or general election. (b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any municipal special primary or special election, such person shall make application as provided in Article 6 of Chapter 2 of this title no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, that, if such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a presidential preference primary held under Chapter 2 of this title, the registration deadline for such special primary or special election shall be the same as registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to

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such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary, or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. (e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 days prior to such primary or election for the purpose of permitting the chief registrar to check the accuracy of the list and to challenge the disqualified. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. In addition, the county registrars shall provide a list of inactive electors for the municipality. The registrar shall certify such

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lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. (f) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used. (g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal district designations. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. (h) 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. (i) An elector whose name is on the inactive list of electors may vote: (1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records; (2) If the elector has moved to a address within the municipality in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the municipality by completing a change of address card affirming the new address within the municipality; or (3) If the elector has moved to a address within the municipality in a different precinct, such elector may

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vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elector still resides in the municipality and completing a change of address card affirming the new address within the municipality. (j) On January 1, 1995, all municipalities maintaining their own voter registration lists shall transfer such lists along with all voter registration cards and other registration documentation to the county board of registrars who shall compare such lists with the list of electors for the county. If any person's name listed on the municipal list does not appear on the county list of electors, such person's name shall be added to the list of electors of the county. (k) In the event that an elector moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact at least 30 days prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail. (l) No person shall remain an elector longer than such person shall retain the qualifications under which such person registered. 21-3-124. (a) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the

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municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. (b) Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies. 21-3-125. (a) Any elector of the municipality may challenge the right of any other elector of the municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the close of the polls on the day of the election. (b) Upon the filing of such challenge, the county board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the challenged elector's precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the absentee ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer. (c) If the challenged elector appears at the polling place to vote, such elector shall be given the opportunity to appear before the registrars and answer the grounds of the challenge. (d) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and if

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the challenge is based on grounds other than the qualifications of the elector to remain on the list of electors, no further action by the registrars shall be required. (e) If the challenged elector cast an absentee ballot and it is not practical to conduct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors, the absentee ballot shall be treated as a challenged ballot pursuant to Code Section 21-3-291. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of electors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (h) If the challenged elector appears at the polls to vote and it is practical to conduct a hearing on the challenge prior to the close of the polls, the registrars shall conduct such

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hearing and determine the merits of the challenge. If the registrars deny the challenge, the elector shall be permitted to vote in the election notwithstanding the fact that the polls may have closed prior to the time the registrars render their decision and the elector can actually vote, provided that the elector proceeds to vote immediately after the decision of the registrars. If the registrars uphold the challenge, the challenged elector shall not be permitted to vote and, if the challenge is based upon the grounds that the elector is not qualified to remain on the list of electors, the challenged elector's name shall be removed from the list of electors. (i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenged cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by having the word `Challenged' and the elector's name written across the back of the elector's ballot notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229.

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Section 17 . Said title is further amended by striking Code Section 21-3-141, relating to rules for determining residence, which reads as follows: 21-3-141. In determining the residence of a person desiring to register to vote, the rules as set forth in Code Section 21-2-241 shall be followed., and inserting in its place a new Code Section 21-3-141 to read as follows: 21-3-141. Reserved. Section 18 . Said title is further amended by striking subsection (i) of Code Section 21-3-187, relating to the form of election ballots, which reads as follows: (i) Each elector eligible to have voted in an election which, in accordance with this Code section, was not conducted shall be deemed to have voted in such election for the purposes set forth in Code Sections 21-3-132 and 21-3-133. When, pursuant to this Code section, no election is to be conducted, either the municipal registrars or the county registrars shall prepare, certify, and deliver electors lists as would otherwise be required by Code Sections 21-3-134 and 21-3-135. Section 19 . Said title is further amended by striking Code Section 21-3-312, relating to the certified electors list, and inserting in its place a new Code Section 21-3-312 to read as follows: 21-3-312. (a) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one

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registrar has been appointed by the governing authority. In a primary, where the parties do not agree to have only one set of managers for a precinct, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the precinct in the immediately preceding election of the presiding officer of the governing authority. In addition, the registrars shall at the same time place in the possession of the managers of each precinct one copy of the list of inactive electors for such precinct. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (b) The registrars may, in their discretion, place a master list containing the names and proper voting precincts of all electors and all inactive electors of the municipality at some or all of the polling places on the day of each election for use by the poll workers to assist electors in locating their proper precinct. Section 20 . Said title is further amended by striking Code Section 21-3-323, relating to voting in nonresident precincts, and inserting in its place a new Code Section 21-3-323 to read as follows: 21-3-323. Except as provided in Code Section 21-3-123 and Article 10 of this chapter, no person shall vote at any primary or election in any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct. Section 21 . Said title is further amended by striking subsection (b) of Code Section 21-3-342, relating to admission of electors to the enclosed space, and inserting in its place a new subsection (b) to read as follows:

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(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots shall detach a ballot from the stub and give it to the elector, first holding it so that the words and figures printed on the face shall not be visible; and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-3-125, the poll officer shall write the word `Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope which shall be sealed and returned to the superintendent. Section 22 . Said title is further amended by striking subsection (b) of Code Section 21-3-362, relating to admission of electors to the enclosed space, and inserting in its place a new subsection (b) to read as follows: (b) If an elector's right to vote has been challenged pursuant to Code Section 21-3-125, the elector shall not be permitted to vote on the voting machine, but shall vote by ballot in the manner prescribed by this chapter. Section 23 . Said title is further amended by striking subsection (b) of Code Section 21-3-407, relating to votes required for nomination or election, and inserting in its place a new subsection (b) to read as follows: (b) In instances in which no candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the day of holding the first primary or election, on a date specified by ordinance or resolution, unless such run-off date is postponed by

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court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-3-122. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office sought shall be declared the winner. Section 24 . Said title is further amended by striking Code Section 21-3-442, relating to unqualified municipal electors and false registration, and inserting in its place a new Code Section 21-3-442 to read as follows: 21-3-442. Any person who: (1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector's own name; or (3) Knowingly gives false information when registering as an elector shall be guilty of a felony. Section 25 . Said title is further amended by striking Code Section 21-3-451, relating to voting by unqualified persons, and inserting in its place a new Code Section 21-3-451 to read as follows:

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21-3-451. Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-3-122 shall be guilty of a felony. Section 26 . Said title is further amended by striking Code Section 21-3-480, relating to use of electors lists for commercial purposes, which reads as follows: 21-3-480. Any person who intentionally uses the list of electors provided for in Code Section 21-3-135 for commercial purposes shall be guilty of a misdemeanor., and inserting in its place a new Code Section 21-3-480 to read as follows: 21-3-480. Reserved. Section 27 . Code Section 36-36-32 of the Official Code of Georgia Annotated, relating to annexation, is amended by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) For the purpose of determining the percentage of electors signing such application, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Code Section 21-2-227. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section. Section 28 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purpose of authorizing the Secretary of State to design and distribute such forms and materials and to develop, procure, and install such computer hardware and software as are required under the provisions of this Act and to exercise

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such administrative authority as such officer deems necessary and proper for the implementation of this Act. For all other purposes, this Act shall become effective January 1, 1995. Section 29 . All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1994. APPROPRIATIONSS.F.Y. 1994-1995. No. 1208 (House Bill No. 1375). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995; 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, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $9,396,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

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PART I. LEGISLATIVE BRANCH Section 1. General Assembly . Budget Unit: General Assembly $ 24,203,650 Personal Services - Staff $ 12,482,319 Personal Services - Elected Officials $ 3,809,504 Regular Operating Expenses $ 2,789,448 Travel - Staff $ 86,500 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 183,500 Computer Charges $ 488,000 Real Estate Rentals $ 5,000 Telecommunications $ 656,000 Per Diem, Fees and Contracts - Staff $ 103,970 Per Diem, Fees and Contracts - Elected Officials $ 2,389,609 Photography $ 70,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 24,203,650 State Funds Budgeted $ 24,203,650 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,559,136 $ 3,559,136 Lt. Governor's Office $ 707,675 $ 707,675 Secretary of the Senate's Office $ 1,172,625 $ 1,172,625 Total $ 5,439,436 $ 5,439,436 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 9,204,912 $ 9,204,912 Speaker of the House's Office $ 517,887 $ 517,887 Clerk of the House's Office $ 1,324,270 $ 1,324,270 Total $ 11,047,069 $ 11,047,069 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,459,165 $ 2,459,165 Legislative Fiscal Office $ 2,254,263 $ 2,254,263 Legislative Budget Office $ 1,029,240 $ 1,029,240 Ancillary Activities $ 1,974,477 $ 1,974,477 Total $ 7,717,145 $ 7,717,145 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments

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and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 16,988,425 Personal Services $ 14,245,693 Regular Operating Expenses $ 428,820 Travel $ 560,650 Motor Vehicle Purchases $ 105,102 Equipment $ 47,380 Real Estate Rentals $ 852,070 Per Diem, Fees and Contracts $ 34,000 Computer Charges $ 579,710 Telecommunications $ 135,000 Total Funds Budgeted $ 16,988,425 State Funds Budgeted $ 16,988,425

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PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 5,433,395 Personal Services $ 4,594,033 Operating Expenses $ 1,485,605 Total Funds Budgeted $ 6,079,638 State Funds Budgeted $ 5,433,395 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 6,269,416 Personal Services $ 5,615,839 Operating Expenses $ 703,577 Total Funds Budgeted $ 6,319,416 State Funds Budgeted $ 6,269,416 Section 5. Superior Courts . Budget Unit: Superior Courts $ 51,050,860 Operation of the Courts $ 49,839,417 Prosecuting Attorneys' Council $ 1,969,089 Sentence Review Panel $ 168,158 Council of Superior Court Judges $ 135,417 Judicial Administrative Districts $ 1,242,858 Total Funds Budgeted $ 53,354,939 State Funds Budgeted $ 51,050,860 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 1,023,530 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 652,490 Institute's Operations $ 513,260 Georgia Magistrate Courts Training Council $ 139,230 Total Funds Budgeted $ 652,490 State Funds Budgeted $ 652,490 Section 8. Judicial Council . Budget Unit: Judicial Council $ 1,802,442 Council Operations $ 1,262,686 Case Counting $ 76,500 Board of Court Reporting $ 70,756 Payment to Council of Magistrate Court Judges $ 26,700 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 $ 300,000 Total Funds Budgeted $ 1,802,442 State Funds Budgeted $ 1,802,442 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 148,808 Section 10. Indigent Defense Council . Budget Unit: Indigent Defense Council $ 2,000,000 Section 11. Georgia Courts Automation Commission . Budget Unit: Georgia Courts Automation Commission $ 1,244,331 Operating Expenses $ 561,763 Computerized Information Network $ 682,568 Total Funds Budgeted $ 1,244,331 State Funds Budgeted $ 1,244,331 PART III. EXECUTIVE BRANCH Section 12. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 36,140,264 Personal Services $ 42,444,445 Regular Operating Expenses $ 11,667,606 Travel $ 270,459 Motor Vehicle Purchases $ 174,200 Equipment $ 1,968,391 Computer Charges $ 11,691,066 Real Estate Rentals $ 2,772,902 Telecommunications $ 3,279,622 Per Diem, Fees and Contracts $ 4,287,065 Rents and Maintenance Expense $ 11,305,000 Utilities $ 46,500 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 $ 300,000 Telephone Billings $ 48,553,700 Radio Billings $ 683,000 Materials for Resale $ 21,000,000 Public Safety Officers Indemnity Fund $ 250,000 Health Planning Review Board Operations $ 35,000 Total Funds Budgeted $ 163,978,956 State Funds Budgeted $ 36,140,264 Department of Administrative Services Functional Budgets Total Funds State Funds Executive Administration $ 1,821,451 $ 619,823 Departmental Administration $ 2,850,123 $ 2,746,241 Statewide Systems $ 11,025,460 $ 8,275,460 Space Management $ 493,362 $ 493,362 Procurement Administration $ 2,856,088 $ 2,856,088 General Services $ 413,823 $ 0 Central Supply Services $ 17,174,449 $ 0 Data Processing Services $ 48,036,887 $ 13,766,925 Motor Vehicle Services $ 3,699,601 $ 0 Communication Services $ 61,469,426 $ 5,850,000 Printing Services $ 6,941,632 $ 0 Surplus Property $ 2,131,569 $ 0 Mail and Courier Services $ 1,251,839 $ 0 Risk Management $ 2,520,444 $ 239,563 State Properties Commission $ 470,332 $ 470,332 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 822,470 $ 822,470 Total $ 163,978,956 $ 36,140,264 B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 20,059,211 Regular Operating Expenses $ 4,914,086 Travel $ 20,700 Motor Vehicle Purchases $ 302,000 Equipment $ 219,725 Computer Charges $ 112,200 Real Estate Rentals $ 12,700 Telecommunications $ 161,340 Per Diem, Fees and Contracts $ 335,000 Capital Outlay $ 0 Utilities $ 8,950,000 Contractual Expense $ 1,047,272 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 36,134,234 State Funds Budgeted $ 0

Page 1514

Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,457,429 $ 0 Custodial $ 5,515,932 $ 0 Maintenance $ 4,577,331 $ 0 Security $ 5,857,439 $ 0 Van Pool $ 375,536 $ 0 Sales $ 4,075,930 $ 0 Administration $ 12,530,720 $ 0 Railroad Excursions $ 1,743,917 $ 0 Facility Renovations $ 0 $ 0 Total $ 36,134,234 $ 0 Section 13. Agency for the Removal of Hazardous Materials . Budget Unit: Agency for the Removal of Hazardous Materials $ 111,759 Personal Services $ 92,559 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 $ 111,759 State Funds Budgeted $ 111,759

Page 1515

Section 14. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 35,951,993 Personal Services $ 31,024,092 Regular Operating Expenses $ 4,153,363 Travel $ 896,000 Motor Vehicle Purchases $ 446,460 Equipment $ 391,082 Computer Charges $ 359,078 Real Estate Rentals $ 791,341 Telecommunications $ 402,901 Per Diem, Fees and Contracts $ 957,050 Market Bulletin Postage $ 860,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,515,782 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,130,411 Veterinary Fees $ 412,000 Indemnities $ 127,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 618,360 Payments to Georgia Development Authority $ 250,000 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 $ 0 Total Funds Budgeted $ 47,249,920 State Funds Budgeted $ 35,951,993 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,910,852 $ 4,589,852 Animal Industry $ 7,269,912 $ 7,033,210 Marketing $ 2,014,267 $ 1,962,202 General Field Forces $ 3,145,432 $ 3,020,432 Internal Administration $ 3,825,770 $ 3,579,170 Information and Education $ 2,137,076 $ 2,137,076 Fuel and Measures $ 3,296,945 $ 3,171,945 Consumer Protection Field Forces $ 7,906,611 $ 5,038,264 Meat Inspection $ 4,327,897 $ 1,810,094 Major Markets $ 5,195,637 $ 1,572,637 Seed Technology $ 722,410 $ 0 Entomology and Pesticides $ 2,497,111 $ 2,037,111 Total $ 47,249,920 $ 35,951,993 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 851,649 Regular Operating Expenses $ 170,568 Travel $ 5,000 Motor Vehicle Purchases $ 12,500 Equipment $ 35,150 Computer Charges $ 5,000 Real Estate Rentals $ 0 Telecommunications $ 7,420 Per Diem, Fees and Contracts $ 7,950 Capital Outlay $ 75,000 Goods for Resale $ 113,200 Total Funds Budgeted $ 1,283,437 State Funds Budgeted $ 0 Section 15. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 8,614,966 Personal Services $ 6,982,155 Regular Operating Expenses $ 384,985 Travel $ 392,080 Motor Vehicle Purchases $ 104,080 Equipment $ 26,730 Computer Charges $ 341,668 Real Estate Rentals $ 302,436 Telecommunications $ 70,832 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 8,614,966 State Funds Budgeted $ 8,614,966 Section 16. Department of Children and Youth Services . Budget Unit: Department of Children and Youth Services $ 89,554,868 Personal Services $ 62,348,191 Regular Operating Expenses $ 4,453,680 Travel $ 765,800 Motor Vehicle Purchases $ 234,700 Equipment $ 304,095 Computer Charges $ 255,600 Real Estate Rentals $ 1,540,689 Telecommunications $ 738,400 Per Diem, Fees and Contracts $ 2,660,000 Utilities $ 2,027,600 Institutional Repairs and Maintenance $ 547,600 Grants to County-Owned Detention Centers $ 2,686,400 Service Benefits for Children $ 13,329,313 Purchase of Service Contracts $ 308,000 Capital Outlay $ 28,000 Total Funds Budgeted $ 92,228,068 State Funds Budgeted $ 89,554,868 Children and Youth Services Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 21,844,403 $ 21,044,903 Milledgeville State YDC $ 8,043,669 $ 7,701,969 Augusta State YDC $ 7,923,791 $ 7,585,491 Atlanta State YDC $ 4,542,423 $ 4,373,823 Macon State YDC $ 4,915,500 $ 4,690,400 Court Services $ 15,937,033 $ 15,937,033 Community Treatment Centers $ 2,979,860 $ 2,979,860 Day Centers $ 901,314 $ 901,314 Group Homes $ 964,130 $ 964,130 Purchased Services $ 15,132,820 $ 14,332,820 Runaway Investigation/Interstate Compact $ 895,497 $ 895,497 Assessment and Classification $ 671,091 $ 671,091 Youth Services Administration $ 7,356,537 $ 7,356,537 Multi-Service Centers $ 120,000 $ 120,000 Total $ 92,228,068 $ 89,554,868 Section 17. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 29,116,263 Personal Services $ 5,646,703 Regular Operating Expenses $ 230,905 Travel $ 157,750 Motor Vehicle Purchases $ 12,000 Equipment $ 6,040 Computer Charges $ 169,000 Real Estate Rentals $ 549,166 Telecommunications $ 46,211 Per Diem, Fees and Contracts $ 215,700 Capital Felony Expenses $ 0 Contracts with Regional Development Commissions $ 2,272,825 Local Assistance Grants $ 3,880,890 Appalachian Regional Commission Assessment $ 94,731 Community Development Block Grants (Federal) $ 30,000,000 National and Community Service Program $ 250,000 Payments to Music Hall of Fame Authority $ 257,480 Payments to Sports Hall of Fame $ 100,000 Local Development Fund $ 750,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Housing Finance Authority $ 7,685,000 Payment to Georgia Environmental Facilities Authority $ 1,695,467 Regional Economic Business Assistance Grants $ 2,000,000 Local Government Efficiency Grant Program $ 750,000 State Commission on National and Community Service $ 180,000 Total Funds Budgeted $ 61,574,868 State Funds Budgeted $ 29,116,263

Page 1519

Department of Community Affairs Functional Budgets Total Funds State Funds Office of Commissioner $ 25,516,202 $ 24,242,135 Government Management $ 1,534,235 $ 1,534,235 Financial Assistance $ 32,085,782 $ 1,064,998 Coordinated Planning $ 2,438,649 $ 2,274,895 Total $ 61,574,868 $ 29,116,263

Page 1520

Section 18. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 631,865,608 Personal Services $ 445,080,150 Regular Operating Expenses $ 62,560,607 Travel $ 2,110,975 Motor Vehicle Purchases $ 3,114,564 Equipment $ 4,169,710 Computer Charges $ 5,012,000 Real Estate Rentals $ 5,581,082 Telecommunications $ 5,822,295 Per Diem, Fees and Contracts $ 6,377,814 Capital Outlay $ 0 Utilities $ 20,547,180 Court Costs $ 950,000 County Subsidy $ 13,928,400 County Subsidy for Jails $ 2,117,200 County Workcamp Construction Grants $ 0 Central Repair Fund $ 886,000 Payments to Central State Hospital for Meals $ 3,985,806 Payments to Central State Hospital for Utilities $ 1,340,100 Payments to Public Safety for Meals $ 459,900 Inmate Release Fund $ 1,400,000 Health Services Purchases $ 51,967,153 Payments to MAG for Health Care Certification $ 60,400 University of Georgia - Cooperative Extension Service Contracts $ 352,357 Minor Construction Fund $ 0 Total Funds Budgeted $ 637,823,693 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 631,865,608 Departmental Functional Budgets Total Funds State Funds Administration $ 67,746,619 $ 66,755,519 Institutions and Support $ 463,081,827 $ 461,251,002 Probation $ 106,995,247 $ 103,859,087 Total $ 637,823,693 $ 631,865,608 B. Budget Unit: Board of Pardons and Paroles $ 37,933,656 Personal Services $ 30,885,996 Regular Operating Expenses $ 1,140,630 Travel $ 678,400 Motor Vehicle Purchases $ 264,500 Equipment $ 167,500 Computer Charges $ 428,130 Real Estate Rentals $ 2,623,000 Telecommunications $ 838,000 Per Diem, Fees and Contracts $ 252,500 County Jail Subsidy $ 650,000 Health Services Purchases $ 5,000 Total Funds Budgeted $ 37,933,656 State Funds Budgeted $ 37,933,656 Section 19. Department of Defense . Budget Unit: Department of Defense $ 4,087,965 Personal Services $ 7,084,802 Regular Operating Expenses $ 4,724,530 Travel $ 22,550 Motor Vehicle Purchases $ 0 Equipment $ 24,000 Computer Charges $ 11,000 Real Estate Rentals $ 10,000 Telecommunications $ 41,845 Per Diem, Fees and Contracts $ 547,400 Capital Outlay $ 0 Total Funds Budgeted $ 12,466,127 State Funds Budgeted $ 4,087,965 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,361,592 $ 1,237,315 Georgia Air National Guard $ 4,604,969 $ 533,129 Georgia Army National Guard $ 6,499,566 $ 2,317,521 Total $ 12,466,127 $ 4,087,965 Section 20. State Board of Education - Department of Education . A. Budget Unit: Department of Education $ 3,424,038,321 Operations: Personal Services $ 38,964,163 Regular Operating Expenses $ 3,958,764 Travel $ 1,063,842 Motor Vehicle Purchases $ 138,000 Equipment $ 366,586 Computer Charges $ 12,521,311 Real Estate Rentals $ 1,495,141 Telecommunications $ 1,242,587 Per Diem, Fees and Contracts $ 16,866,139 Utilities $ 764,752 Capital Outlay $ 25,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 775,391,628 Grades 4 - 8 $ 735,657,774 Grades 9 - 12 $ 286,005,522 High School Laboratories $ 151,108,426 Vocational Education Laboratories $ 104,603,623 Special Education $ 299,194,977 Gifted $ 43,433,599 Remedial Education $ 65,783,964 Staff Development and Professional Development $ 29,835,699 Media $ 89,791,383 Indirect Cost $ 615,148,563 Pupil Transportation $ 130,609,130 Local Fair Share $ (635,320,498) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 116,776,474 Other Categorical Grants: Equalization Formula $ 149,778,370 Sparsity Grants $ 3,609,604 In School Suspension $ 20,872,296 Special Instructional Assistance $ 57,066,117 Middle School Incentive $ 61,396,016 Special Education Low - Incidence Grants $ 416,000 Non-QBE Grants: Education of Children of Low - Income Families $ 198,714,081 Retirement (H.B. 272 and H.B. 1321) $ 4,950,000 Instructional Services for the Handicapped $ 51,519,023 Tuition for the Multi-Handicapped $ 1,841,080 Severely Emotionally Disturbed $ 37,229,829 School Lunch (Federal) $ 165,074,766 School Lunch (State) $ 24,758,747 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,500,000 Regional Education Service Agencies $ 7,001,200 Georgia Learning Resources System $ 3,300,462 High School Program $ 21,979,854 Special Education in State Institutions $ 3,991,103 Governor's Scholarships $ 2,972,200 Counselors $ 6,448,277 Vocational Research and Curriculum $ 258,213 Even Start $ 1,375,160 Salaries and Travel of Public Librarians $ 10,760,927 Public Library Materials $ 5,149,409 Talking Book Centers $ 934,522 Public Library M O $ 4,039,395 Child Care Lunch Program (Federal) $ 37,880,233 Chapter II - Block Grant Flow Through $ 10,019,305 Payment of Federal Funds to Board of Technical and Adult Education $ 13,311,012 Education of Homeless Children/Youth $ 186,700 Innovative Programs $ 2,349,999 Next Generation School Grants $ 500,000 Limited English-Speaking Students Program $ 8,601,007 Drug Free School (Federal) $ 12,505,800 At Risk Summer School Program $ 3,691,270 Emergency Immigrant Education Program $ 228,500 Title II Math/Science Grant (Federal) $ 4,570,112 Robert C. Byrd Scholarship (Federal) $ 253,000 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 99,047,892 Pre-School Handicapped Program $ 14,602,242 Mentor Teachers $ 1,250,000 Nutrition Education $ 57,035 Advanced Placement Exams $ 1,100,400 Serve America Program $ 356,000 Family Connection Grants $ 2,575,000 Youth Apprenticeship Grants $ 2,000,000 Remedial Summer School $ 1,876,182 Alternative Programs $ 7,500,000 Superintendent's Base Salary $ 1,130,820 Environmental Science Grants $ 100,000 Pay for Performance $ 1,650,000 Total Funds Budgeted $ 3,959,705,709 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,424,038,321 Education Functional Budgets Total Funds State Funds State Administration $ 4,891,919 $ 4,276,036 Instructional Services $ 22,737,569 $ 18,283,984 Governor's Honors Program $ 1,194,075 $ 1,105,305 Administrative Services $ 25,251,325 $ 20,882,683 Special Services $ 6,430,750 $ 3,114,536 Professional Practices Commission $ 837,039 $ 837,039 Local Programs $ 3,882,649,424 $ 3,360,597,594 Georgia Academy for the Blind $ 4,700,018 $ 4,486,530 Georgia School for the Deaf $ 6,316,309 $ 6,128,184 Atlanta Area School for the Deaf $ 4,697,281 $ 4,326,430 Total $ 3,959,705,709 $ 3,424,038,321 B. Budget Unit: Lottery for Education $ 107,300,000 Pre-Kindergarten for 4-year-olds $ 80,000,000 Applied Technology Labs $ 6,300,000 Next Generation Schools $ 500,000 Drug and Anti-Violence Education $ 1,000,000 Alternative Programs $ 8,500,000 Educational Technology Centers $ 900,000 Distant Learning - Satellite Dishes $ 2,300,000 Model Technology Schools $ 7,800,000 Total Funds Budgeted $ 107,300,000 Lottery Funds Budgeted $ 107,300,000 Section 21. Employees' Retirement System Budget Unit: Employees' Retirement System $ 2,880,000 Personal Services $ 1,582,338 Regular Operating Expenses $ 337,000 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 13,113 Computer Charges $ 532,528 Real Estate Rentals $ 302,000 Telecommunications $ 24,886 Per Diem, Fees and Contracts $ 1,091,500 Benefits to Retirees $ 2,880,000 Total Funds Budgeted $ 6,783,865 State Funds Budgeted $ 2,880,000 Section 22. Forestry Commission . Budget Unit: Forestry Commission $ 34,884,307 Personal Services $ 29,005,181 Regular Operating Expenses $ 5,472,475 Travel $ 150,185 Motor Vehicle Purchases $ 1,265,696 Equipment $ 1,682,392 Computer Charges $ 300,200 Real Estate Rentals $ 52,455 Telecommunications $ 951,378 Per Diem, Fees and Contracts $ 475,898 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 258,219 Total Funds Budgeted $ 39,704,079 State Funds Budgeted $ 34,884,307 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 1,939,405 $ 112,110 Field Services $ 33,714,258 $ 30,889,936 General Administration and Support $ 4,050,416 $ 3,882,261 Total $ 39,704,079 $ 34,884,307 Section 23. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 41,358,201 Personal Services $ 31,114,604 Regular Operating Expenses $ 2,547,021 Travel $ 505,589 Motor Vehicle Purchases $ 1,006,000 Equipment $ 773,845 Computer Charges $ 1,529,394 Real Estate Rentals $ 1,883,202 Telecommunications $ 767,110 Per Diem, Fees and Contracts $ 722,436 Evidence Purchased $ 509,000 Capital Outlay $ 0 Total Funds Budgeted $ 41,358,201 Total State Funds Budgeted $ 41,358,201 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,372,654 $ 3,372,654 Drug Enforcement $ 9,952,847 $ 9,952,847 Investigative $ 12,537,697 $ 12,537,697 Georgia Crime Information Center $ 6,899,244 $ 6,899,244 Forensic Sciences $ 8,595,759 $ 8,595,759 Total $ 41,358,201 $ 41,358,201 Section 24. Office of the Governor . A. Budget Unit: Office of the Governor $ 28,040,854 Personal Services $ 14,502,386 Regular Operating Expenses $ 905,428 Travel $ 296,444 Motor Vehicle Purchases $ 0 Equipment $ 130,596 Computer Charges $ 628,555 Real Estate Rentals $ 1,052,178 Telecommunications $ 344,311 Per Diem, Fees and Contracts $ 36,238,515 Cost of Operations $ 3,184,094 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 4,350,000 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 3,007,357 Art Grants of Non-State Funds $ 359,004 Humanities Grant - State Funds $ 60,000 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,112,317 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 Grants - Local EMA $ 1,044,200 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 68,555,760 State Funds Budgeted $ 28,040,854 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 7,739,094 $ 7,739,094 Office of Fair Employment Practices $ 933,483 $ 795,474 Office of Planning and Budget $ 6,440,286 $ 6,440,286 Council for the Arts $ 4,135,365 $ 3,353,365 Office of Consumer Affairs $ 2,533,565 $ 2,533,565 State Energy Office $ 33,801,006 $ 276,127 Vocational Education Advisory Council $ 352,830 $ 85,404 Office of Consumer's Utility Council $ 558,546 $ 558,546 Criminal Justice Coordinating Council $ 1,516,899 $ 399,959 Children and Youth Coordinating Council $ 1,740,768 $ 513,268 Human Relations Commission $ 306,827 $ 306,827 Professional Standards Commission $ 3,741,288 $ 3,741,288 Georgia Emergency Management Agency $ 4,526,655 $ 1,068,503 Office of State Olympic Coordination $ 229,148 $ 229,148 Total $ 68,555,760 $ 28,040,854 B. Budget Unit: Lottery for Education $ 500,000 Technology Grants $ 500,000 Total Funds Budgeted $ 500,000 Lottery Funds Budgeted $ 500,000 Section 25. Department of Human Resources . A. Budget Unit: Departmental Operations $ 651,064,021 1. General Administration and Support Budget: Personal Services $ 57,489,123 Regular Operating Expenses $ 1,900,250 Travel $ 1,285,367 Motor Vehicle Purchases $ 1,326,625 Equipment $ 123,349 Real Estate Rentals $ 4,953,294 Per Diem, Fees and Contracts $ 757,627 Computer Charges $ 1,334,901 Telecommunications $ 635,431 Special Purpose Contracts $ 244,000 Service Benefits for Children $ 30,809,504 Purchase of Service Contracts $ 33,464,087 Institutional Repairs and Maintenance $ 67,500 Postage $ 961,336 Payments to DMA-Community Care $ 13,913,085 Total Funds Budgeted $ 149,265,479 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 93,146,883 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 973,240 $ 973,240 Budget Administration $ 2,094,214 $ 2,094,214 Office of Children and Youth $ 30,809,504 $ 22,564,521 Administrative Support Services $ 27,492,910 $ 26,143,846 Facilities Management $ 5,606,386 $ 4,485,460 Administrative Appeals $ 2,012,276 $ 2,012,276 Regulatory Services - Program Direction and Support $ 673,182 $ 663,182 Child Care Licensing $ 2,859,304 $ 2,859,304 Health Care Facilities Regulation $ 8,623,498 $ 1,960,866 Fraud and Abuse $ 6,080,909 $ 2,275,651 Financial Services $ 5,623,547 $ 5,423,547 Auditing Services $ 1,805,459 $ 1,805,459 Personnel Administration $ 1,719,924 $ 1,719,924 Indirect Cost $ 0 $ (7,945,954) Public Affairs $ 516,081 $ 516,081 Aging Services $ 50,686,150 $ 23,986,371 State Health Planning Agency $ 1,688,895 $ 1,608,895 Total $ 149,265,479 $ 93,146,883 2. Public Health Budget: Personal Services $ 53,018,646 Regular Operating Expenses $ 74,968,194 Travel $ 980,169 Motor Vehicle Purchases $ 0 Equipment $ 150,672 Real Estate Rentals $ 1,234,239 Per Diem, Fees and Contracts $ 5,167,803 Computer Charges $ 984,772 Telecommunications $ 755,461 Crippled Children's Benefits $ 8,131,654 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,280,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 60,000 Family Planning Benefits $ 653,222 Crippled Children's Clinics $ 672,400 Special Purpose Contracts $ 672,246 Purchase of Service Contracts $ 11,815,246 Grant-In-Aid to Counties $ 95,144,925 Institutional Repairs and Maintenance $ 34,500 Postage $ 139,801 Grants for Regional Maternal and Infant Care $ 821,135 Total Funds Budgeted $ 258,993,085 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 138,542,952 Public Health Functional Budgets Total Funds State Funds District Health Administration $ 12,002,935 $ 11,873,260 Newborn Follow-Up Care $ 1,193,168 $ 947,639 Dental Health $ 1,433,731 $ 1,223,556 Stroke and Heart Attack Prevention $ 2,072,017 $ 1,542,017 Sickle Cell, Vision and Hearing $ 4,130,386 $ 3,734,084 High-Risk Pregnant Women and Infants $ 5,298,173 $ 5,186,173 Sexually Transmitted Diseases $ 2,207,055 $ 326,612 Family Planning $ 7,910,196 $ 4,350,608 Malnutrition $ 78,003,523 $ 0 Grant in Aid to Counties $ 55,041,918 $ 54,185,918 Children's Medical Services $ 13,240,800 $ 7,758,525 Emergency Health $ 2,910,395 $ 1,853,847 Primary Health Care $ 1,708,630 $ 1,580,599 Epidemiology $ 588,638 $ 449,503 Immunization $ 958,300 $ 0 Community Tuberculosis Control $ 5,707,977 $ 5,227,535 Maternal and Child Health Management $ 1,070,791 $ 741,139 Infant and Child Health $ 1,388,707 $ 523,082 Maternal Health - Perinatal $ 1,930,608 $ 819,417 Chronic Disease $ 1,017,913 $ 1,017,913 Diabetes $ 511,006 $ 511,006 Cancer Control $ 4,310,700 $ 4,310,700 Director's Office $ 853,911 $ 656,686 Employees' Health $ 301,635 $ 301,635 Health Program Management $ 1,713,651 $ 1,580,050 Vital Records $ 1,833,430 $ 1,609,737 Health Services Research $ 1,248,654 $ 1,025,836 Environmental Health $ 1,445,620 $ 1,269,527 Laboratory Services $ 5,355,679 $ 5,235,679 Community Care $ 3,944,655 $ 1,493,771 Community Health Management $ 515,748 $ 336,299 Aids $ 7,896,914 $ 4,110,809 Vaccines $ 11,462,507 $ 508,816 Drug and Clinic Supplies $ 3,220,025 $ 2,485,942 Adolescent Health $ 3,028,375 $ 1,974,275 Public Health - Planning Councils $ 172,330 $ 155,178 Early Intervention $ 11,362,384 $ 9,171,297 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 258,993,085 $ 138,542,952 3. Rehabilitation Services Budget: Personal Services $ 68,077,629 Regular Operating Expenses $ 11,478,127 Travel $ 829,018 Motor Vehicle Purchases $ 63,700 Equipment $ 527,225 Real Estate Rentals $ 3,947,918 Per Diem, Fees and Contracts $ 7,536,461 Computer Charges $ 2,313,365 Telecommunications $ 1,522,688 Case Services $ 24,687,235 E.S.R.P. Case Services $ 27,675 Special Purpose Contracts $ 692,387 Purchase of Services Contracts $ 9,131,679 Institutional Repairs and Maintenance $ 148,554 Utilities $ 912,445 Postage $ 734,188 Total Funds Budgeted $ 132,630,294 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 22,407,349 Rehabilitation Services Functional Budgets Total Funds State Funds District Field Services $ 43,323,823 $ 8,923,416 Independent Living $ 581,518 $ 581,518 Sheltered Employment $ 1,711,077 $ 840,517 Community Facilities $ 8,208,236 $ 3,234,533 State Rehabilitation Facilities $ 7,020,878 $ 1,493,678 Diversified Industries of Georgia $ 1,017,410 $ 0 Program Direction and Support $ 3,707,700 $ 1,268,731 Grants Management $ 701,682 $ 701,682 Disability Adjudication $ 32,188,837 $ 0 Georgia Factory for the Blind $ 12,070,947 $ 861,387 Roosevelt Warm Springs Institute $ 22,098,186 $ 4,501,887 Total $ 132,630,294 $ 22,407,349 4. Family and Children Services Budget: Personal Services $ 42,058,297 Regular Operating Expenses $ 3,599,474 Travel $ 723,173 Motor Vehicle Purchases $ 0 Equipment $ 348,301 Real Estate Rentals $ 2,618,805 Per Diem, Fees and Contracts $ 17,996,733 Computer Charges $ 23,398,034 Telecommunications $ 3,990,060 Children's Trust Fund $ 1,095,001 Cash Benefits $ 475,072,728 Special Purpose Contracts $ 4,372,441 Service Benefits for Children $ 175,368,346 Purchase of Service Contracts $ 17,214,020 Postage $ 3,437,860 Grants to County DFACS - Operations $ 265,125,874 Total Funds Budgeted $ 1,036,419,147 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 396,966,837 Family and Children Services Functional Budgets Total Funds State Funds Director's Office $ 392,582 $ 392,582 Social Services $ 4,203,192 $ 3,825,008 Administrative Support $ 5,735,820 $ 4,549,535 Quality Assurance $ 3,747,990 $ 3,747,990 Community Services $ 11,812,816 $ 1,060,447 Field Management $ 1,113,164 $ 1,113,164 Human Resources Management $ 1,956,998 $ 1,775,541 Public Assistance $ 27,561,625 $ 12,391,277 Child Support Recovery $ 49,598,729 $ 2,615,249 AFDC Payments $ 460,160,668 $ 173,526,588 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,421 $ 0 Energy Benefits $ 12,966,539 $ 0 County DFACS Operations - Eligibility $ 103,504,250 $ 51,601,975 County DFACS Operations - Social Services $ 83,874,318 $ 31,404,255 Food Stamp Issuance $ 3,053,351 $ 0 County DFACS Operations - Homemakers Services $ 7,688,443 $ 2,257,516 County DFACS Operations - Joint and Administration $ 57,893,073 $ 27,083,660 County DFACS Operations - Employability Program $ 12,165,790 $ 4,589,157 Employability Benefits $ 26,196,997 $ 10,841,651 Legal Services $ 2,884,700 $ 2,262,504 Family Foster Care $ 32,999,018 $ 20,682,619 Institutional Foster Care $ 8,399,105 $ 6,725,777 Specialized Foster Care $ 2,198,812 $ 1,920,404 Adoption Supplement $ 9,538,644 $ 7,256,644 Prevention of Foster Care $ 10,375,743 $ 3,866,012 Day Care $ 90,303,653 $ 27,236,623 Outreach - Contracts $ 152,058 $ 152,058 Special Projects $ 1,620,548 $ 1,595,766 Children's Trust Fund Commission $ 1,521,000 $ 0 Indirect Cost $ 0 $ (7,507,265) Total $ 1,036,419,147 $ 396,966,837 Budget Unit Object Classes : Personal Services $ 220,643,695 Regular Operating Expenses $ 91,946,045 Travel $ 3,817,727 Motor Vehicle Purchases $ 1,390,325 Equipment $ 1,149,547 Real Estate Rentals $ 12,754,256 Per Diem, Fees and Contracts $ 31,458,624 Computer Charges $ 28,031,072 Telecommunications $ 6,903,640 Crippled Children's Benefits $ 8,131,654 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,280,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 60,000 Family Planning Benefits $ 653,222 Case Services $ 24,687,235 E.S.R.P. Case Services $ 27,675 Crippled Children's Clinics $ 672,400 Children's Trust Fund $ 1,095,001 Cash Benefits $ 475,072,728 Special Purpose Contracts $ 5,981,074 Service Benefits for Children $ 206,177,850 Purchase of Service Contracts $ 71,625,032 Grant-In-Aid to Counties $ 95,144,925 Institutional Repairs and Maintenance $ 250,554 Utilities $ 912,445 Postage $ 5,273,185 Payments to DMA-Community Infant Care $ 13,913,085 Grants for Regional Maternal and Infant Care $ 821,135 Grants to County DFACS - Operations $ 265,125,874 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 465,950,985 Personal Services $ 366,682,923 Regular Operating Expenses $ 38,709,341 Travel $ 316,642 Motor Vehicle Purchases $ 698,750 Equipment $ 1,869,029 Computer Charges $ 4,708,791 Real Estate Rentals $ 262,805 Telecommunications $ 2,420,742 Per Diem, Fees and Contracts $ 9,147,738 Utilities $ 11,662,611 Institutional Repairs and Maintenance $ 1,789,045 Substance Abuse Community Services $ 48,767,402 Mental Retardation Community Services $ 92,233,493 Mental Health Community Services $ 30,569,016 Community Mental Health Center Services $ 64,022,592 Special Purpose Contract $ 294,118 Total Funds Budgeted $ 674,155,038 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 465,950,985 Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 48,807,244 $ 28,721,447 Brook Run $ 32,944,800 $ 14,064,191 Georgia Mental Health Institute $ 34,569,122 $ 28,717,292 Georgia Regional Hospital at Augusta $ 25,892,791 $ 21,946,847 Northwest Regional Hospital at Rome $ 30,594,111 $ 21,594,619 Georgia Regional Hospital at Atlanta $ 33,221,552 $ 25,784,116 Central State Hospital $ 146,500,716 $ 88,923,826 Georgia Regional Hospital at Savannah $ 26,749,729 $ 21,640,558 Gracewood State School and Hospital $ 50,238,017 $ 25,004,580 West Central Georgia Regional Hospital $ 24,948,549 $ 20,195,462 Outdoor Therapeutic Program $ 3,708,584 $ 2,809,466 Mental Health Community Assistance $ 10,826,103 $ 10,716,686 Mental Retardation Community Assistance $ 4,104,906 $ 3,100,764 Day Care Centers for Mentally Retarded $ 71,287,286 $ 34,968,028 Supportive Living $ 30,212,332 $ 26,767,915 Georgia State Foster Grandparents/Senior Companion Program $ 745,160 $ 745,160 Project Rescue $ 543,800 $ 543,800 Drug Abuse Contracts $ 1,151,348 $ 1,151,348 Community Mental Health Center Services $ 64,022,592 $ 59,983,400 Project ARC $ 444,351 $ 444,351 Metro Drug Abuse Centers $ 1,537,887 $ 1,342,387 Group Homes for Autistic Children $ 294,701 $ 294,701 Project Friendship $ 356,684 $ 356,684 Community Mental Retardation Staff $ 4,313,255 $ 4,313,255 Community Mental Retardation Residential Services $ 14,961,931 $ 14,961,931 Contract with Clayton County Board of Education for Autistic Children $ 95,472 $ 95,472 MH/MR/SA Administration $ 11,082,015 $ 6,762,699 Total $ 674,155,038 $ 465,950,985 Section 26. Department of Industry, Trade and Tourism . Budget Unit: Department of Industry, Trade and Tourism $ 19,316,102 Personal Services $ 8,360,275 Regular Operating Expenses $ 1,494,818 Travel $ 335,000 Motor Vehicle Purchases $ 32,000 Equipment $ 60,883 Computer Charges $ 152,440 Real Estate Rentals $ 947,130 Telecommunications $ 227,000 Per Diem, Fees and Contracts $ 690,178 Local Welcome Center Contracts $ 171,600 Marketing $ 6,479,578 Georgia Ports Authority Lease Rentals $ 1,450,000 Foreign Currency Reserve $ 50,000 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 20,500,902 State Funds Budgeted $ 19,316,102 Department of Industry, Trade and Tourism Functional Budgets Total Funds State Funds Administration $ 10,561,880 $ 9,732,080 Economic Development $ 4,259,672 $ 4,114,672 Trade $ 960,298 $ 960,298 Tourism $ 4,719,052 $ 4,509,052 Total $ 20,500,902 $ 19,316,102 Section 27. Department of Insurance . Budget Unit: Department of Insurance $ 14,648,410 Personal Services $ 12,844,345 Regular Operating Expenses $ 713,762 Travel $ 401,560 Motor Vehicle Purchases $ 84,000 Equipment $ 55,750 Computer Charges $ 447,756 Real Estate Rentals $ 806,814 Telecommunications $ 251,433 Per Diem, Fees and Contracts $ 202,990 Health Care Utilization Review $ 0 Total Funds Budgeted $ 15,808,410 State Funds Budgeted $ 14,648,410 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 4,379,113 $ 4,379,113 Insurance Regulation $ 6,299,191 $ 6,299,191 Industrial Loans Regulation $ 435,688 $ 435,688 Fire Safety and Mobile Home Regulations $ 4,694,418 $ 3,534,418 Total $ 15,808,410 $ 14,648,410 Section 28. Department of Labor . Budget Unit: Department of Labor $ 7,176,250 Personal Services $ 66,661,469 Regular Operating Expenses $ 5,609,533 Travel $ 1,102,315 Motor Vehicle Purchases $ 0 Equipment $ 903,198 Computer Charges $ 8,302,843 Real Estate Rentals $ 2,187,517 Telecommunications $ 1,166,682 Per Diem, Fees and Contracts (JTPA) $ 69,792,752 Per Diem, Fees and Contracts $ 3,020,853 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 1,013,125 Total Funds Budgeted $ 161,534,366 State Funds Budgeted $ 7,176,250 Department of Labor Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 27,871,775 $ 5,330,899 Employment and Training Services $ 133,662,591 $ 1,845,351 Total $ 161,534,366 $ 7,176,250 Section 29. Department of Law . Budget Unit: Department of Law $ 10,320,106 Personal Services $ 9,471,091 Regular Operating Expenses $ 504,005 Travel $ 102,540 Motor Vehicle Purchases $ 0 Equipment $ 26,136 Computer Charges $ 342,637 Real Estate Rentals $ 455,147 Telecommunications $ 125,317 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 140,000 Total Funds Budgeted $ 11,226,873 State Funds Budgeted $ 10,320,106 Section 30. Department of Medical Assistance . A. Budget Unit: Medicaid Services $ 1,154,138,650 Personal Services $ 13,726,336 Regular Operating Expenses $ 4,007,985 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 74,644 Computer Charges $ 19,138,965 Real Estate Rentals $ 885,000 Telecommunications $ 425,000 Per Diem, Fees and Contracts $ 66,926,024 Medicaid Benefits, Penalties and Disallowances $ 3,159,447,455 Audit Contracts $ 772,500 SFY 1994 Medicaid Benefits, Penalties and Disallowances $ 44,325,329 Total Funds Budgeted $ 3,309,917,638 State Funds Budgeted $ 1,154,138,650 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 65,208,944 $ 4,375,356 Benefits, Penalties and Disallowances $ 3,203,772,784 $ 1,135,321,404 Community Services $ 988,342 $ 366,753 Systems Management $ 20,862,673 $ 5,320,501 Professional Services $ 4,429,148 $ 2,053,729 Program Compliance $ 3,829,948 $ 1,472,855 Maternal and Child Health $ 2,024,480 $ 924,140 Financial and Hospital Reimbursement $ 1,584,161 $ 762,424 Nursing Home Reimbursement $ 644,870 $ 322,435 Nursing Home and Hospital Policy $ 6,572,288 $ 3,219,053 Total $ 3,309,917,638 $ 1,154,138,650 B. Budget Unit: Indigent Trust Fund $ 139,287,133 Per Diem, Fees and Contracts $ 7,557,900 Benefits $ 358,962,316 Total Funds Budgeted $ 366,520,216 State Funds Budgeted $ 139,287,133 Section 31. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 7,880,972 Regular Operating Expenses $ 1,772,962 Travel $ 82,440 Equipment $ 32,625 Real Estate Rents $ 917,345 Per Diem, Fees and Contracts $ 136,502,980 Computer Charges $ 3,290,473 Telecommunications $ 261,965 Health Insurance Payments $ 838,823,000 Total Funds Budgeted $ 989,564,762 Other Agency Funds $ 114,920 Agency Assessments $ 10,196,375 Employee and Employer Contributions $ 979,105,270 Deferred Compensation $ 148,197 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Commissioner's Office $ 2,248,824 $ 0 Applicant Services $ 2,431,908 $ 0 Classification and Compensation $ 1,212,641 $ 0 Flexible Benefits $ 1,207,701 $ 0 Employee Training and Development $ 1,346,974 $ 0 Health Insurance Administration $ 34,936,484 $ 0 Health Insurance Claims $ 943,205,397 $ 0 Internal Administration $ 2,974,833 $ 0 Total $ 989,564,762 $ 0

Page 1545

Section 32. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 81,472,047 Operations Budget: Personal Services $ 67,477,298 Regular Operating Expenses $ 13,006,165 Travel $ 477,000 Motor Vehicle Purchases $ 2,016,107 Equipment $ 2,219,450 Real Estate Rentals $ 2,389,732 Per Diem, Fees and Contracts $ 3,495,791 Computer Charges $ 1,066,568 Telecommunications $ 1,143,671 Authority Lease Rentals $ 130,000 Advertising and Promotion $ 150,000 Cost of Material for Resale $ 2,590,000 Capital Outlay: New Construction $ 1,077,719 Repairs and Maintenance $ 2,214,111 Land Acquisition Support $ 225,000 Wildlife Management Area Land Acquisition $ 800,000 Shop Stock - Parks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 35,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants: Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 135,000 Recreation $ 500,000 Contracts: Georgia Special Olympics $ 0 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 $ 187,259 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 National War Museum $ 250,000 Hazardous Waste Trust Fund $ 8,918,534 Solid Waste Trust Fund $ 5,363,868 Payments to Georgia Agricultural Exposition Authority $ 2,354,025 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 7,000 Total Funds Budgeted $ 121,935,858 Receipts from Jekyll Island State Park Authority $ 887,210 Receipts from Stone Mountain Memorial Association $ 3,804,148 Receipts from Lake Lanier Islands Development Authority $ 3,362,900 Receipts from North Georgia Mountain Authority $ 1,415,630 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 81,472,047 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 6,942,710 $ 6,942,710 Parks, Recreation and Historic Sites $ 39,595,302 $ 14,242,473 Coastal Resources $ 2,387,205 $ 2,270,955 Game and Fish $ 32,067,653 $ 27,709,780 Environmental Protection $ 38,958,986 $ 29,363,980 Pollution Prevention Program $ 1,984,002 $ 942,149 Total $ 121,935,858 $ 81,472,047

Page 1547

B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 1,912,944 Regular Operating Expenses $ 1,598,081 Travel $ 31,000 Motor Vehicle Purchases $ 18,000 Equipment $ 85,000 Computer Charges $ 35,000 Real Estate Rentals $ 0 Telecommunications $ 36,000 Per Diem, Fees and Contracts $ 625,000 Capital Outlay $ 0 Total Funds Budgeted $ 4,341,025 State Funds Budgeted $ 0

Page 1548

Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 4,341,025 $ 0 Section 33. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 93,109,840 1. Operations Budget: Personal Services $ 56,915,264 Regular Operating Expenses $ 7,407,438 Travel $ 132,617 Motor Vehicle Purchases $ 3,700,000 Equipment $ 626,325 Computer Charges $ 4,047,061 Real Estate Rentals $ 10,356 Telecommunications $ 593,000 Per Diem, Fees and Contracts $ 387,400 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 25,000 Total Funds Budgeted $ 73,994,461 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 72,344,461 2. Driver Services Budget: Personal Services $ 16,443,143 Regular Operating Expenses $ 1,840,988 Travel $ 25,800 Motor Vehicle Purchases $ 73,500 Equipment $ 100,000 Computer Charges $ 45,000 Real Estate Rentals $ 61,058 Telecommunications $ 619,000 Per Diem, Fees and Contracts $ 189,140 Capital Outlay $ 0 Conviction Reports $ 290,000 State Patrol Posts Repairs and Maintenance $ 30,000 Driver License Processing $ 1,047,750 Total Funds Budgeted $ 20,765,379 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 20,765,379 Public Safety Functional Budgets Total Funds State Funds Administration $ 20,015,766 $ 18,515,766 Driver Services $ 20,765,379 $ 20,765,379 Field Operations $ 53,978,695 $ 53,828,695 Total $ 94,759,840 $ 93,109,840 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,005,592 1. Attached Units Budget: Personal Services $ 7,203,140 Regular Operating Expenses $ 2,586,935 Travel $ 87,970 Motor Vehicle Purchases $ 68,500 Equipment $ 198,860 Computer Charges $ 235,708 Real Estate Rentals $ 102,114 Telecommunications $ 144,490 Per Diem, Fees and Contracts $ 646,987 Peace Officers Training Grants $ 3,518,370 Capital Outlay $ 0 Total Funds Budgeted $ 14,793,074 State Funds Budgeted $ 13,698,074 2. Office of Highway Safety Budget: Personal Services $ 429,531 Regular Operating Expenses $ 28,450 Travel $ 9,828 Motor Vehicle Purchases $ 0 Equipment $ 3,168 Computer Charges $ 37,080 Real Estate Rentals $ 78,161 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 7,500 Highway Safety Grants $ 2,760,000 Total Funds Budgeted $ 3,357,518 State Funds Budgeted $ 307,518 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,357,518 $ 307,518 Georgia Peace Officers Standards and Training $ 5,499,306 $ 5,499,306 Police Academy $ 1,057,938 $ 992,938 Fire Academy $ 1,158,915 $ 1,058,915 Georgia Firefighters Standards and Training Council $ 466,052 $ 466,052 Georgia Public Safety Training Facility $ 6,610,863 $ 5,680,863 Total $ 18,150,592 $ 14,005,592

Page 1550

Section 34. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 9,640,000 Payments to Employees' Retirement System $ 490,000 Employer Contributions $ 9,150,000 Total Funds Budgeted $ 9,640,000 State Funds Budgeted $ 9,640,000 Section 35. Public Service Commission . Budget Unit: Public Service Commission $ 8,382,229 Personal Services $ 6,773,916 Regular Operating Expenses $ 390,285 Travel $ 256,756 Motor Vehicle Purchases $ 216,200 Equipment $ 36,174 Computer Charges $ 408,660 Real Estate Rentals $ 348,489 Telecommunications $ 114,754 Per Diem, Fees and Contracts $ 1,688,000 Total Funds Budgeted $ 10,233,234 State Funds Budgeted $ 8,382,229 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,693,672 $ 1,693,672 Transportation $ 3,546,951 $ 1,871,826 Utilities $ 4,992,611 $ 4,816,731 Total $ 10,233,234 $ 8,382,229 Section 36. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 991,109,445 Personal Services: Educ., Gen., and Dept. Svcs. $ 1,062,872,775 Sponsored Operations $ 140,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 255,384,706 Sponsored Operations $ 150,000,000 Special Funding Initiative $ 10,688,094 Office of Minority Business Enterprise $ 308,856 Special Desegregation Programs $ 338,725 Forestry Research $ 319,747 Research Consortium $ 4,347,000 Capital Outlay $ 250,000 Total Funds Budgeted $ 1,624,509,903 Departmental Income $ 40,000,000 Sponsored Income $ 290,000,000 Other Funds $ 300,373,158 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 991,109,445 B. Budget Unit: Regents Central Office and Other Organized Activities $ 155,269,081 Personal Services: Educ., Gen., and Dept. Svcs. $ 245,195,570 Sponsored Operations $ 68,262,264 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 124,691,717 Sponsored Operations $ 38,852,768 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 1,991,867 Advanced Technology Development Center $ 1,890,857 Capitation Contracts for Family Practice Residency $ 2,937,583 Residency Capitation Grants $ 2,484,870 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 6,244,350 Morehouse School of Medicine Grant $ 5,141,300 Capital Outlay $ 332,090 Center for Rehabilitation Technology $ 2,189,510 SREB Payments $ 5,960,000 Medical Scholarships $ 1,248,086 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 821,295 CRT Inc. Contract at Georgia Tech Research Institute $ 212,983 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 8,078,773 Total Funds Budgeted $ 517,482,283 Departmental Income $ 0 Sponsored Income $ 106,039,476 Other Funds $ 255,618,026 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 155,269,081

Page 1553

Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,812,259 $ 1,275,471 Skidway Institute of Oceanography $ 3,791,776 $ 1,460,887 Marine Institute $ 1,317,167 $ 916,444 Georgia Tech Research Institute $ 127,199,259 $ 12,846,183 Education Extension Services $ 8,463,549 $ 2,437,349 Agricultural Experiment Station $ 52,846,849 $ 34,548,196 Cooperative Extension Service $ 45,079,061 $ 27,620,704 Medical College of Georgia Hospital and Clinics $ 225,427,808 $ 30,449,184 Veterinary Medicine Experiment Station $ 2,602,078 $ 2,602,078 Veterinary Medicine Teaching Hospital $ 2,644,592 $ 493,303 Joint Board of Family Practice $ 22,395,342 $ 22,395,342 Georgia Radiation Therapy Center $ 2,719,756 $ 0 Athens and Tifton Veterinary Laboratories $ 2,947,130 $ 90,098 Regents Central Office $ 17,935,657 $ 17,833,842 Office of Technology Policy $ 300,000 $ 300,000 Total $ 517,482,283 $ 155,269,081 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 7,098,276 Operating Expenses $ 9,478,750 Total Funds Budgeted $ 16,577,026 Other Funds $ 16,577,026 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 33,925,000 Equipment, Technology and Construction Trust Fund $ 15,000,000 Capital Outlay - GPTV $ 2,000,000 Georgia Research Alliance $ 14,875,000 Capital Outlay-Georgia State University $ 2,000,000 Per Diem, Fees and Contracts $ 50,000 Total Funds Budgeted $ 33,925,000 Lottery Funds Budgeted $ 33,925,000 Section 37. Department of Revenue . Budget Unit: Department of Revenue $ 86,628,745 Personal Services $ 55,033,453 Regular Operating Expenses $ 4,596,395 Travel $ 1,380,174 Motor Vehicle Purchases $ 246,000 Equipment $ 800,122 Computer Charges $ 14,637,576 Real Estate Rentals $ 2,832,804 Telecommunications $ 1,114,537 Per Diem, Fees and Contracts $ 558,524 County Tax Officials/Retirement and FICA $ 3,369,000 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 3,245,955 Postage $ 3,496,176 Total Funds Budgeted $ 91,310,716 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 86,628,745 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 6,654,475 $ 6,654,475 Internal Administration $ 11,410,194 $ 11,210,194 Electronic Date Processing $ 8,936,662 $ 8,121,462 Field Services $ 17,946,427 $ 17,646,427 Income Tax Unit $ 7,381,105 $ 6,681,105 Motor Vehicle Unit $ 19,185,798 $ 17,885,798 Central Audit Unit $ 7,127,628 $ 7,127,628 Property Tax Unit $ 4,321,023 $ 3,284,052 Sales Tax Unit $ 4,052,863 $ 3,723,063 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 4,248,541 $ 4,248,541 Total $ 91,310,716 $ 86,628,745 Section 38. Secretary of State . A. Budget Unit: Secretary of State $ 26,326,479 Personal Services $ 16,173,573 Regular Operating Expenses $ 3,692,497 Travel $ 230,350 Motor Vehicle Purchases $ 111,000 Equipment $ 243,162 Computer Charges $ 2,030,588 Real Estate Rentals $ 2,484,990 Telecommunications $ 368,304 Per Diem, Fees and Contracts $ 1,337,015 Election Expenses $ 700,000 Total Funds Budgeted $ 27,371,479 State Funds Budgeted $ 26,326,479 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,390,158 $ 3,360,158 Archives and Records $ 4,481,050 $ 4,406,050 Business Services and Regulation $ 4,837,064 $ 4,121,064 Elections and Campaign Disclosure $ 3,474,652 $ 3,454,652 Drugs and Narcotics $ 1,048,300 $ 994,300 State Ethics Commission $ 372,291 $ 372,291 State Examining Boards $ 9,767,964 $ 9,617,964 Total $ 27,371,479 $ 26,326,479

Page 1556

B. Budget Unit: Real Estate Commission $ 1,949,825 Personal Services $ 1,136,025 Regular Operating Expenses $ 155,100 Travel $ 16,000 Motor Vehicle Purchases $ 23,000 Equipment $ 8,000 Computer Charges $ 350,000 Real Estate Rentals $ 113,700 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 118,000 Total Funds Budgeted $ 1,949,825 State Funds Budgeted $ 1,949,825 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,949,825 $ 1,989,825

Page 1557

Section 39. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 1,926,187 Personal Services $ 1,015,079 Regular Operating Expenses $ 233,414 Travel $ 40,520 Motor Vehicle Purchases $ 24,000 Equipment $ 12,115 Computer Charges $ 7,500 Real Estate Rentals $ 78,865 Telecommunications $ 22,000 Per Diem, Fees and Contracts $ 631,350 County Conservation Grants $ 424,000 Total Funds Budgeted $ 2,488,843 State Funds Budgeted $ 1,926,187 Section 40. Student Finance Commission . A. Budget Unit: Student Finance Commission $ 27,272,133 Personal Services $ 4,797,815 Regular Operating Expenses $ 399,051 Travel $ 81,800 Motor Vehicle Purchases $ 0 Equipment $ 16,000 Computer Charges $ 371,000 Real Estate Rentals $ 24,763 Telecommunications $ 142,000 Per Diem, Fees and Contracts $ 42,757 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 18,840,166 Student Incentive Grants $ 5,003,940 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 75,000 Osteopathic Medical Loans $ 160,000 Georgia Military Scholarship Grants $ 593,600 Paul Douglas Teacher Scholarship Loans $ 425,000 Total Funds Budgeted $ 35,086,892 State Funds Budgeted $ 27,272,133

Page 1558

Georgia Student Finance Commission Functional Budgets Total Funds State Fund Internal Administration $ 5,342,017 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 29,211,706 $ 26,738,964 Georgia Nonpublic Postsecondary Education Commission $ 533,169 $ 533,169 Total $ 35,086,892 $ 27,272,133 B. Budget Unit: Lottery for Education $ 85,697,875 Hope Financial Aid - Tuition $ 48,994,747 Hope Financial Aid - Books $ 20,143,424 Hope Financial Aid - Fees $ 4,656,704 Tuition Equalization Grants $ 11,563,000 Georgia Military College Scholarship $ 240,000 LEPD Scholarship $ 100,000 Total Funds Budgeted $ 85,697,875 Lottery Funds Budgeted $ 85,697,875 Section 41. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,925,000 Personal Services $ 3,668,086 Regular Operating Expenses $ 365,250 Travel $ 30,000 Motor Vehicle Purchases $ 0 Equipment $ 24,150 Computer Charges $ 967,136 Real Estate Rentals $ 469,750 Telecommunications $ 68,893 Per Diem, Fees and Contracts $ 376,000 Retirement System Members $ 3,400,000 Floor Fund for Local Retirement Systems $ 525,000 Total Funds Budgeted $ 9,894,265 State Funds Budgeted $ 3,925,000 Section 42. Department of Technical and Adult Education . A. Budget Unit: Department of Technical and Adult Education $ 144,432,715 Personal Services $ 3,731,235 Regular Operating Expenses $ 371,335 Travel $ 110,500 Motor Vehicle Purchases $ 0 Equipment $ 15,000 Computer Charges $ 406,730 Real Estate Rentals $ 334,490 Telecommunications $ 158,000 Per Diem, Fees and Contracts $ 704,000 Personal Services-Institutions $ 99,797,501 Operating Expenses-Institutions $ 19,869,284 Capital Outlay $ 0 Quick Start Program $ 6,518,990 Area School Program $ 25,012,445 Regents Program $ 2,758,900 Adult Literacy Grants $ 15,311,383 Total Funds Budgeted $ 175,099,793 State Funds Budgeted $ 144,432,715 Functional Budgets Total Funds State Funds Administration $ 5,831,290 $ 4,023,495 Institutional Programs $ 169,268,503 $ 140,409,220 Total $ 175,099,793 $ 144,432,715 B. Budget Unit: Lottery for Education $ 22,550,423 Computer Laboratories and Satellite Dishes - Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 19,147,673 Equipment-Technical Institues $ 2,402,750 Total Funds Budgeted $ 22,550,423 Lottery Funds Budgeted $ 22,550,423 Section 43. Department of Transportation . Budget Unit: Department of Transportation $ 450,915,497 Personal Services $ 244,633,944 Regular Operating Expenses $ 55,888,851 Travel $ 1,494,910 Motor Vehicle Purchases $ 1,522,000 Equipment $ 5,757,602 Computer Charges $ 6,077,860 Real Estate Rentals $ 1,334,773 Telecommunications $ 2,503,900 Per Diem, Fees and Contracts $ 47,534,677 Capital Outlay $ 628,498,885 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay - Airport Development $ 1,167,500 Mass Transit Grants $ 9,463,781 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 Total Funds Budgeted $ 1,007,582,783 State Funds Budgeted $ 450,915,497 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 759,892,740 $ 224,366,211 Maintenance and Betterments $ 196,819,300 $ 185,619,300 Facilities and Equipment $ 12,062,562 $ 11,512,562 Administration $ 23,126,927 $ 22,501,927 Total $ 991,901,529 $ 444,000,000 General Funds Budget Total Funds State Funds Paving at State and Local Schools and State Institutions $ 0 $ 0 Air Transportation $ 1,403,525 $ 1,016,525 Inter-Modal Transfer Facilities $ 13,597,729 $ 5,218,972 Harbor/Intra-Coastal Waterways Activities $ 680,000 $ 680,000 Total $ 15,681,254 $ 6,915,497 Section 44. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 23,661,066 Personal Services $ 4,769,335 Regular Operating Expenses $ 115,123 Travel $ 74,200 Motor Vehicle Purchases $ 0 Equipment $ 183,700 Computer Charges $ 11,753 Real Estate Rentals $ 238,641 Telecommunications $ 57,883 Per Diem, Fees and Contracts $ 23,500 Operating Expense/Payments to Central State Hospital $ 17,386,621 Operating Expense/Payments to Medical College of Georgia $ 6,970,976 Regular Operating Expenses for Projects and Insurance $ 325,825 Total Funds Budgeted $ 30,157,557 State Funds Budgeted $ 23,661,066

Page 1562

Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,394,735 $ 5,124,126 Veterans Home and Nursing Facility - Milledgeville $ 17,723,246 $ 13,422,776 Veterans Nursing Home - Augusta $ 7,039,576 $ 5,114,164 Total $ 30,157,557 $ 23,661,066 Section 45. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 10,142,885 Personal Services $ 7,368,707 Regular Operating Expenses $ 310,549 Travel $ 58,000 Motor Vehicle Purchases $ 0 Equipment $ 19,250 Computer Charges $ 450,000 Real Estate Rentals $ 1,013,996 Telecommunications $ 109,040 Per Diem, Fees and Contracts $ 255,000 Payments to State Treasury $ 748,343 Total Funds Budgeted $ 10,332,885 State Funds Budgeted $ 10,142,885 Section 46. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 305,000,933 Motor Fuel Tax Funds (Issued) $ 61,000,000 366,000,933 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 38,007,405 Motor Fuel Tax Funds (New) $ 0 38,007,405

Page 1563

Section 47. Provisions Relative to Section 1, General Assembly . It is the intent of the General Assembly that the funds for the Budget Responsibility Oversight Commission (BROC) be used for the initial staffing of BROC. It is the further intent that BROC will meet during 1994 and decide the administrative structure of staff and placement in the General Assembly. Section 48. 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 49. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court. Section 50. 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

Page 1564

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 51. 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 52. Provisions Relative to Section 7, Institute of Continuing Judicial Education . The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 53. 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 54. Provisions Relative to Section 12, 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

Page 1565

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. It is the intent of the General Assembly with reference to the development of a communications system for the state of Georgia the following criteria shall apply: 1.) The Office of Information Technology shall be responsible for evaluation of all options for a new state radio system; 2.) Reports relating to evaluation of system shall be made to the Fiscal Affairs Sub Committee not later than September 15, 1994 with possible extention of 60 days if not completed; 3.) Selected option shall be competitively bid; 4.) Office of Information Technology shall be responsible for the development of requests for proposals relating to the various components of the communications system project; 5.) All proposals for the construction of a State System to be considered must meet standards set forth by the American Public Communications Organization . Section 55. Provisions Relative to Section 14, Department of Agriculture . Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities. It is the intent of this General Assembly that the Department of Agriculture determine the feasibility of relocating the MLK laboratories. Section 56. Provisions Relative to Section 17, Department of Community Affairs . Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be

Page 1566

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. Provided, that from the appropriation made above for Local Assistance Grants, specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount City of Port Wentworth Repairs to Firehouse $ 25,000 Mitchell County Contract for Economic Growth Study 7,000 Cobb County Board of Education Construction of Physical Education Facility 50,000 City of Glenville Expansion of Continuing Education Facility 25,000 Brantley County Courthouse Renovations 22,000 Bacon County Courthouse Renovations 25,000 City of Swainsboro Historic District Renovations 25,000 City of Quitman Historical Library Facility Renovation 25,000 City of Thomaston Preservation of Robert E. Lee Institute 25,000 Floyd County Modifications to Sarah Hightower Regional Library 15,000 City of Lagrange Renovation of Alpha Multi-Purpose Center 40,000 Liberty County Historic Trail Preservation 15,000 City of Auburn Construction of Recreational Facility 15,000 City of Macon Program for Youth Athletics 10,000 Wayne County Purchase of Rescue Unit 10,000 City of Odum Water and Sewer System Improvements 15,000 City of Buford Construction of Utility Line 50,000 Americus City Board of Education Planning for School Merger 25,000 City of Stone Mountain Operations of Commission on Holocaust 10,000 City of Guyton Purchase of Vehicle 13,300 Turner County Construction of Recreational Facility 10,000 Columbus/Muscogee County Operation of Two Thousand Opportunities Inc. 50,000 Columbus/Muscogee County Operation of Lindsey Creek Community Center 3,000 Columbus/Muscogee County Operation of Combined Communities of Southeast Columbus 25,000 Rabun County Construction of Public Safety Facility 50,000 Rabun County Renovation of Headstart Facility 15,000 White County Robertstown Water System Construction 25,000 Cobb County Preservation of Historical William Root House 25,000 Lanier County Board of Education Renovation of Education Facility 40,000 City of Augusta Renovation of Historic Ezekiel Harris Home 50,000 Wayne County Operations of Motherhood and Beyond Project 15,000 City of Canon Water System Repairs 20,000 City of Menlo Water System Improvements 20,000 Georgia Building Authority Capitol Preservation 50,000 Chatham County Planning for the Maritime Trade Center 550,000 City of Atlanta Public Access and Teacher Education Program at Clark Atlanta University 250,000 Houston County Expansion and Operation of Aviation Museum and Hall of Fame 913,000 City of Clarkston Community Development Center Operations 30,000 City of Stapleton Renovations to Volunteer Fire Department Facility 10,000 Columbia County Volunteer Fire Department Operations 10,000 City of Rome Camp Good Times Operation 15,000 Columbia County Board of Education Renovations to Evans Middle School 10,000 City of Pearson Renovations to City Hall 40,000 Harris County Purchase of Sanitation Truck 40,000 Talbot County Preservation of Historic Records 10,000 Liberty County National Guard Operation 10,000 City of Darien Purchase of Sanitation Truck 40,000 City of Marshallville Preservation of Historic District 5,000 Burke County Operation of Boggs Rural Life Center 50,000 Screven County Repairs to Livestock Facility 5,000 Screven County Repairs to Fire Station 10,000 City of Macon Operation of Booker T. Washington Community Center Youth Programs 10,000 Glynn County Parent and Child Development Inc. Operations 10,000 Dougherty County Purchase of Automated Fingerprint Information System 194,400 Crawford County Land Preparation for Industrial Park 90,000 City of Scotdale Scotdale Youth Development Program Operations 20,000 Richmond County Board of Education Renovations to Davidson Fine Arts Magnet School 75,000 Richmond County Board of Education Renovations to A.R. Johnson Magnet School 40,000 Terrell County Roof Repairs to Terrell County Library 100,000 City of Rockmart Senior Citizen Center Operations 40,000 City of Decatur Contract for Services from Georgia School-Age Care Association 75,000 City of Perry Operation of Genesis House 20,000 Athens/Clark County Operation of Safe Campus Now Program 30,000 Union County Construction of Senior Citizen House 100,000 Coffee County Operations of Highway 441 Economic Development Coalition 25,000 Puluski County Purchase of Equipment for Courthouse 25,000 Worth County Construction on Livestock Pavillion 10,000 Wilkinson County Board of Education Construction to High School 25,000 Mitchell County Improvements to Industrial Park 25,000 Decatur County Board of Education Construction of Physical Education Facility 25,000 Floyd County Board of Education Purchase of Equipment for Model High School 25,000 City of Baxley Planning for Continuing Education Facility 25,000 Union County Board of Education Purchase of Equipment 48,190 Section 57. Provisions Relative to Section 18, 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 utilize $180,000 of existing funds for the purchase of Waycross Diversion Center. Section 58. Provisions Relative to Section 20, State Board of Education-Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,689.75. 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 20, 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 1995. From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.

Page 1573

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 1995 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 1995 that it contributed during SFY 1994. 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 1574

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 valedietorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedietorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian. It is the intent of the General Assembly that the midterm 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 kindergarten, first and second grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.

Page 1575

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 59. Provisions Relative to Section 22, 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 60. Provisions Relative to Section 24, 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 61. Provisions Relative to Section 25, 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 1995 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.

Page 1577

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. 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. The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.

Page 1578

In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally retarded clients from hospitals to community residential settings. The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services. The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acquisition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients. Provided, that of the above appropriation for psychotropic drugs, these funds may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these drugs. Such transfers shall not require prior budgetary approval. It is the intent of the General Assembly that no funds appropriated to the Department which may be used to contract with Planned Parenthood of Atlanta shall be used in programs where abortion is a method of family planning. In addition, no funds appropriated to the Department which may be used for contracting with Planned Parenthood of Atlanta shall be used to pay dues to a national organization. Provided, that of the above appropriation relative to Community Mental Health, Mental Retardation, Substance Abuse and Institutions, Haralson County is authorized to begin a pilot program for the operation of community mental health services through the Haralson County Board of Health.

Page 1579

It is the intent of the General Assembly that all current and future relocations of Department of Family and Children Services offices require competitive bids in selection of relocation sites. Section 62. Provisions Relative to Section 29, Law Department . Provided, the department is authorized to use other funds for the use of upgrading computer systems. Section 63. Provisions Relative to Section 30, 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. The Department of Medical Assistance is directed to impose the use of recipient copayments in accordance with federal guidelines in the following program areas: hospital-inpatient and outpatient, physicians, home health, rural health, nurse practitioners, drugs, non-emergency transportation, durable medical equipment, optometric, orthotics/prosthetics, ambulatory surgical centers, podiatry and physician's assistant.

Page 1580

The department is authorized to extend medical coverage to eligible nineteen and twenty year olds in foster care. It is the intent of the General Assembly that the Board of Medical Assistance establish a policy for setting the date to be used in determining the applicable Data Resources, Inc. rate to be used in setting the reimbursement rate for hospitals, nursing facilities and home health agencies. Section 64. Provisions Relative to Section 31, 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 1995 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 1995 shall not exceed 8.66%. Section 65. Provisions Relative to Section 32, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 32 (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 32. Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services. 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

Page 1581

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 66. Provisions Relative to Section 33, 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 67. Provisions Relative to Section 36, Board of Regents, University System of Georgia 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, $3,750,000 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, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, however that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for educational and agricultural purposes to activities

Page 1582

that comprise Budget Unit B - Regents Central Office and Other Organized Activities. It is the intent of this General Assembly that the Georgia Center for Advanced Telecommunications Technology encourage and support private funding and construction of a facility that can be used by the Center for research and development of advanced telecommunications technologies, telecommunications related education, technical assistance to business and government and the transfer of technology to industry. It is the intent of this General Assembly to recommend to future sessions of the General Assembly that the facility to house the Center's activities be leased by the Board of Regents for approximately $1,950,000 annually beginning in Fiscal Year 1996. Section 68. Provisions Relative to Section 38, 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 69. Provisions Relative to Section 39, Soil and Water Conservation Commission . It is the intent of this General Assembly that no Soil Technician position be filled upon the termination of an incumbent. Section 70. Provisions Relative to Section 42, Department of Technical and Adult Education . None of the State funds appropriated in Section 42 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.

Page 1583

Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County. It is the intent of the General Assembly that the Moultrie Tech satellite facility in Tift County be located on the campus of Abraham Baldwin Agriculture College. Section 71. Provisions Relative to Section 43, Department of Transportation . For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for fourlaning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

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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. 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 $505,000,000 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

Page 1585

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. It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access and without a divided median. Section 72 . In addition to all other appropriations for the State fiscal year ending June 30, 1995, 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 $9,812,000 for the purpose of providing operating funds for the Children's Trust Fund ($1,521,000 Budget Unit A), for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($8,171.000 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 73 . 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

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control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 74 . 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 75 . 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

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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 76 . 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 77 . 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 78 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 79 . 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

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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 80 . (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 1994 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.

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(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 81 . 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 82. 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

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funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 83. Provisions Relative to Section 46 State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 46 to the State of Georgia General Obligation Debt Sinking Fund for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows: From the appropriation designated State General Funds (New), $2,551,920 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry and Trade, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, 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 $27,440,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $501,270 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 $5,390,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriations designated State General Funds (New), $89,280 is specifically appropriated for the State

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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 public library systems, through the issuance of not more than $960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,386,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $123,225 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 $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $644,025 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 $6,925,000 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. From the appropriation designated State General Funds (New), $3,302,430 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 $35,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $1,036,950 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 issuance of not more than $11,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $2,325,000 is specifically appropriated for the purpose of financing projects for the Department of Natural

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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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $710,325 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 $3,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $17,298,000 is specifically appropriated for the purpose of financing 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 or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $186,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $627,750 is specifically appropriated for the purpose of financing 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 or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,750,000 in principal amount of General Obligation Debt, the instruments of which

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shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $106,950 is specifically appropriated for the purpose of financing 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 or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $532,425 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $5,725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $143,220 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $102,795 is specifically appropriated for the purpose of financing projects for the Department of Children and

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Youth 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $401,940 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 $1,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $229,845 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 $995,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $397,320 is specifically appropriated for the purpose of financing projects for the Department of Agriculture, 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 $1,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated State General Funds (New), $207,900 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 $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $1,185,750 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 $12,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $344,100 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 $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $604,500 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,

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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. From the appropriation designated State General Funds (New), $1,069,530 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 $4,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $223,200 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $96,255 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, 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 $1,035,000 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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From the appropriation designated State General Funds (New), $837,000 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 $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $697,500 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority (Penal) 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 forty months. Section 84. 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 cost-of-living increase of 4% 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 provide for a 4% increase for each state official 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, 1994. Members of the General Assembly shall receive a 2% cost-of-living salary increase, effective July 1, 1994. 3.) To provide for a 5% increase in state base salary on the teacher salary for the State Board of Education and the Board of Technical and Adult Education, effective September 1, 1994 and provide a 4% increase for school bus drivers and lunchroom

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workers effective July 1, 1994. 4.) To provide a funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1994 for non-academic personnel and on September 1, 1994 for academic personnel. 5.) To reassign the following job classes by one paygrade and provide a one-step increase to incumbents of all positions in these classes: Special Agent, Senior Agent, Principal Agent, Assistant Agent-in-Charge, Special Agent-in-charge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieutenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Commander), Conservation Ranger Cadet, Conservation Ranger, Conservation Ranger First Class, Conservation Corporal, Conservation Sergeant, Conservation Captain, Revenue Enforcement Officer, Revenue Corporal, Revenue Sergeant, Revenue Lieutenant, Revenue Captain. 6.) To increase the monthly supplement earned by Squad Leaders, Assistant Squad Leaders and members of the Department of Corrections Tactical Squads by $30. 7.) To reassign all classes in the Registered Nurse series by two paygrades and all classes in the Licensed Practical Nurse series by one paygrade and provide a one-step increase to incumbents of all positions in these classes. 8.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 9.) To provide for a 4% salary increase for personnel appointed pursuant to Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys, effective July 1, 1994. Section 85. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995.....$9,785,260,431 Section 86 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 87 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1994.

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MOTOR VEHICLES AND TRAFFICADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; PROCEDURES; PLEAS; MACHINES. Code Title 40 Amended. No. 1209 (Senate Bill No. 418). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the administrative suspension of a driver's license for a first offense of driving under the influence; to provide for limited driving permits; to change the alcohol concentration resulting in administrative suspension of a driver's license of a person under the age of 18 involved in a traffic accident involving serious injuries or fatalities; to change the time in which an administrative hearing may be requested; to provide for stay of the suspension if a hearing is delayed under certain circumstances; to provide for the effect of a subsequent acquittal or accepted plea of nolo contendere upon an administrative license suspension; to provide for reinstatement of the person's driver's license under certain conditions; to change certain provisions relating to driving under the influence of alcohol or drugs; to prohibit certain pleas; to change certain criminal penalties; to provide that all parts of certain chemical testing machines shall be in good working order; to provide for penalties; 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 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof the following:

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(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2, provided that such person has not had his or her driver's license suspended under Code Section 40-5-68. (e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391 or upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his or her driver's license and the execution of a similar affidavit, or if the driver's license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.

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Section 2 . Said title is further amended by striking subsection (b) of Code Section 40-5-67, relating to issuance of a temporary driving permit to a person charged with driving under the influence, in its entirety and inserting in lieu thereof the following: (b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows: (1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit; (2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or (3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit. This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. Section 3 . Said title is further amended by striking subsection (b) of Code Section 40-5-67.1, relating to administration of chemical tests and duty of officer to inform driver of requirements and rights, in its entirety and inserting in lieu thereof the following:

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(b) At the time a chemical test or tests are requested, the person shall be informed by the arresting officer that: (1) Georgia law requires the person to submit to a test to determine if the person is under the influence of alcohol or other drugs; (2) If the testing is refused, the person's driver's license or right to drive will be suspended for a period of one year or, if the person is under age 18, for a period of one year or until the age of 18, whichever is greater, or, if the vehicle is a commercial vehicle, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year; (3) If a test is performed and the results indicate a blood alcohol concentration of 0.10 grams or more, the driver's license or right to drive may be suspended for a minimum period of one year or, for a person under the age of 18, a blood alcohol concentration of 0.04 grams or more, the person's driver's license or right to drive will be suspended for a minimum period of one year or until the age of 18, whichever is greater, and if the vehicle was a commercial motor vehicle and the test results indicate the presence of any alcohol, the person will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours, and if the results indicate a blood alcohol concentration of 0.04 grams or more, the person will be disqualified from operating a commercial motor vehicle for a minimum period of one year; (4) After submitting to the required testing, the person shall be entitled to obtain an additional test or tests at the expense of such person; and (5) The refusal to submit to a test may be offered into evidence against the person at trial. Failure to provide any notice required under this subsection shall not invalidate the suspension pursuant to this Code section of any driver's license.

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Section 4 . Said title is further amended by striking subsection (c) of Code Section 40-5-67.1, relating to suspension of a driver's license for refusal to submit to testing, in its entirety and inserting in lieu thereof the following: (c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.04 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year. Section 5 . Said title is further amended by striking subsection (f) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following: (f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of

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intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's driver's license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing. Section 6 . Said title is further amended by striking subsection (g) of Code Section 40-5-67.1, relating to service of notice of suspension, in its entirety and inserting in lieu thereof the following: (g) (1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor

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vehicle pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or (B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and (C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and (D) Whether the person refused the test; or (E) Whether a test or tests was administered and the results indicated a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.04 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, a blood alcohol concentration of 0.04 grams or more; and (F) Whether the test or tests were properly administered by an individual possessing a valid permit

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issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of machine used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driver's license suspension or disqualification. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction, then the suspension shall be terminated and deleted from the driver's license record. In the event that a plea of nolo contendere is accepted to a charge of violating Code Section 40-6-391, then the suspension shall be terminated, provided that the accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any

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future violations of Code Section 40-6-391. In the event of an acquittal, accepted plea of nolo contendere, or other disposition other than by a conviction, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee. Section 7 . Said title is further amended by striking Code Section 40-5-67.2, relating to terms and conditions for administrative license suspensions for driving under the influence, in its entirety and inserting in lieu thereof the following: 40-5-67.2. (a) Any driver's license required to be suspended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her 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. A driver's license suspended pursuant to Code Section 40-5-67.1 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. (2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than one

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hundred and twenty days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of the person's 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. A driver's license suspended pursuant to Code Section 40-5-67.1 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. (3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67.1 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. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension. (b) An administrative license suspension pursuant to Code Section 40-5-67.1 shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-391 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to Code Section 40-5-67.1 shall run concurrently with any revocation of such driver's license pursuant to a subsequent determination that such person is a habitual violator.

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(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 a restoration fee of $210.00 or $200.00 when processed by mail. (d) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit as provided in Code Section 40-5-64. Section 8 . Said title is further amended by striking Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof the following: 40-6-391. (a) A person shall not drive or be in actual physical control of any vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; (4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

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(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; and

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(C) Not less than 40 hours of community service; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph; and (C) Not less than 80 hours of community service; or (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend,

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stay, or probate all but ten days of any term of imprisonment imposed under this paragraph; and (C) Not less than 20 days of community service; For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g) (1) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a

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contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this Code section; or (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section. (i) A person shall not drive or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the `Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section. (j) (1) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction

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shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.04 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section.

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(l) A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. Section 9 . Said title is further amended by striking subsection (a) of Code Section 40-6-391.1, relating to pleas of nolo contendere, and inserting in its place a new subsection (a) to read as follows: (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended. Section 10 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood with respect to alleged violations of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and

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in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; Section 11 . The provisions of this Act shall apply only to cases arising out of arrests occurring on or after January 1, 1995, except that the provisions of Section 9 of this Act which restrict the acceptance of a plea of nolo contendere to a charge of violating Code Section 40-6-391 and the provisions of Section 8 of this Act changing the criminal penalties for violations of Code Section 40-6-391 shall become effective July 1, 1994, and except that the provisions of Section 6 of this Act, relating to the time for requesting a hearing on an administrative suspension, the stay of a suspension pending such hearing, and the early termination of an administrative suspension under certain conditions shall apply to cases pending on July 1, 1994. Section 12 . This Act shall become effective on January 1, 1995. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. HEALTHDEPARTMENT OF NATURAL RESOURCES; IMPLEMENTATION OF STATE LEAD HAZARD REDUCTION PROGRAM. Code Title 31, Chapter 40 Enacted. No. 1210 (House Bill No. 1270). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that the

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Department of Natural Resources shall be designated as the state agency to implement and administer the state's lead hazard reduction program; to provide for legislative findings; to provide for definitions; to provide for training, licensing, and certification of persons performing lead hazard detection and lead hazard reduction activities services, approval of training providers, and standards for lead hazard reduction activities; to provide for exemptions and regulations; to authorize necessary revisions of regulations and procedures in order to assure continued eligibility for federal lead abatement funding; to provide for enforcement; to provide for reciprocity; to authorize grandfathering of existing lead abatement contractors; to provide that the department shall serve as a clearing-house relative to lead hazards; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 40 to read as follows: CHAPTER 40 31-40-1. This Act shall be known and may be cited as the `Georgia Lead Poisoning Prevention Act of 1994.' 31-40-2. (a) The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child's risks of developing permanent reading and learning disabilities, intelligence quotient deficiencies, impaired hearing, reduced attention span, hyperactivity, behaviour problems, and other neurological problems. It is estimated that thousands of children below the age of six are affected by lead poisoning in Georgia. Childhood lead poisoning is dangerous to the public health, safety, and general welfare. (b) Childhood lead poisoning is the result of environmental exposure to lead. The most significant source of

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environmental lead is lead-based paint, particularly in housing built prior to 1978, which becomes accessible to children as paint chips, house dust, and soil contaminated by lead-based paint. The danger posed by lead-based paint hazards can be controlled by abatement or interim controls of lead-based paint or by measures to limit exposure to lead-based paint hazards. (c) It is crucial that the identification of lead hazards and subsequent implementation of interim control or abatement procedures be accomplished in a manner that does not result in additional harm to the public or the environment. Improper lead abatement constitutes a serious threat to persons residing in or otherwise using an affected structure or site, to those performing such work, to the environment, and to the general public. (d) The General Assembly finds that it is in the public interest to establish minimum standards for the training and certification or licensure of all persons performing lead hazard reduction activities, including inspections, risk assessments, and planning and performance of interim controls or abatement measures. 31-40-3. As used in this chapter, the term: (1) `Abatement' means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the department, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.

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(2) `Accessible surface' means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (3) `Department' means the Department of Natural Resources. (4) `Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) `Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) `Inspection' means a surface by surface investigation to determine the presence of lead-based paint or lead-based paint hazards and the provision of a report explaining the results of the investigation. (7) `Interim controls' means a measure or set of measures as specified by the department taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to leadbased paint hazards. (8) `Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by the department. (9) `Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined by the department to pose a threat of adverse health effects in pregnant women or young children. (10) `Lead contaminated soil' means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health by the department.

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(11) `Lead contaminated waste' means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department. (12) `Lead contractor' means a person employing or contracting with persons engaged in lead hazard reduction activities and self-employed persons who engage in lead hazard reduction activities. (13) `Lead hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the department. (14) `Lead hazard reduction activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls and abatement activities as determined by the department. (15) `Lead hazard reduction planner/project designer' means a person who plans or designs abatement activities and interim controls. (16) `Lead inspector' means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards. (17) `Risk assessment' means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including: (A) Information gathering regarding the age and history of the structure and the occupancy or other use by young children; (B) Visual inspection;

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(C) Limited wipe sampling or other environmental sampling techniques; (D) Other activity as may be appropriate; and (E) Provision of a report explaining the results of the investigation. (17.1) `Risk assessor' means a person who conducts on-site risk assessments of lead hazards. (18) `Worker' means any person performing lead hazard reduction activities. 31-40-4. (a) There is created the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Natural Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program. (b) The department shall on or before January 1, 1995, issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead hazard detection or lead hazard reduction services, including lead inspectors, risk assessors, lead hazard reduction planners/project designers, lead contractors, and workers of such inspectors, assessors, and contractors, and planners/project designers. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program shall be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department shall apply for such approval. The department shall establish fees for approval of such training programs.

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(c) (1) The department shall on or before January 1, 1995, establish training and licensure requirements for inspectors, risk assessors, lead reduction planners/project designers, lead contractors, and certification requirements for their workers. No person shall be licensed under this chapter unless such person shall have successfully completed the appropriate training program, shall have passed an examination approved by the department for the appropriate category of license, and shall have completed any additional requirements imposed by the department. The department shall be authorized to accept any lead hazard training completed after January 1, 1990, in full or partial satisfaction of the training requirements. The department shall establish requirements for periodic refresher training for all licensees as a condition of license renewal. The department shall establish examination fees, license fees, and renewal fees for all licenses issued under this chapter. (2) On and after January 1, 1996, no person shall perform or represent that such person is qualified to perform any lead hazard reduction activities for compensation unless such person possesses the appropriate licensure or certification as determined by the department or unless: (A) Such person is an owner performing abatement upon that person's own property; or (B) Such person is an employee of a property management company doing routine cleaning and repainting upon property managed by that company where there is insignificant damage, wear, or corrosion of existing lead-containing paint or coating substances. (3) A person who is employed by a state or county health department or agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead inspector but shall not be required to pay any fees as otherwise required under this chapter or under rules and

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regulations promulgated by the department under this chapter. (d) The department shall promulgate regulations establishing standards of acceptable professional conduct for the performance of lead hazard reduction activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension or revocation of a license, or the denial of the issuance or renewal of a license. 31-40-5. The department shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. 31-40-6. (a) The department shall make available to all persons licensed or certified under this chapter current federal regulations affecting such licensees or certified persons. (b) The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Natural Resources. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department. Section 2 . This Act shall become effective upon the Department of Natural Resources' receiving sufficient federal funding for the purpose of implementing the department's duties under this Act.

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Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. CRIMESANTI-MOTOR VEHICLE HIJACKING ACT OF 1994; DESIGNATED FELONY FOR JUVENILES; OFFENSE DEFINED; PENALTIES; FORFEITURE; RACKETEERING; WHERE BAILABLE; RELEASE PENDING LATER VOLUNTARY SURRENDER. Code Sections 15-11-37, 16-4-3, 17-6-1, and 17-10-9.1 Amended. Code Section 16-5-44.1 Enacted. No. 1211 (House Bill No. 1080). AN ACT To provide a short title; to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, so as to provide that hijacking a motor vehicle shall be a designated felony for juveniles; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide for the offense of hijacking a motor vehicle; to provide for definitions; to provide for penalties and forfeitures; to provide that such offense shall not merge; to provide that motor vehicle hijacking is racketeering activity; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that hijacking a motor vehicle is an offense which is bailable only before a judge of the superior court; to provide that persons convicted of motor vehicle hijacking cannot be considered for post-conviction release; to provide for editorial changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . This Act shall be known and may be cited as the Anti-motor Vehicle Hijacking Act of 1994.

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Section 2 . Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies, is amended by striking or at the end of subparagraph (a)(2)(C), by striking the period and inserting in lieu thereof ; or at the end of subparagraph (a)(2)(D), and by inserting at the end thereof a new subparagraph (a)(2)(E) to read as follows: (E) Hijacking a motor vehicle, if done by a juvenile 13 or more years of age. Section 3 . Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by adding in Article 3 of Chapter 5, relating to kidnapping, false imprisonment, and related crimes, a new Code section to be designated Code Section 16-5-44.1 to read as follows: 16-5-44.1. (a) As used in this Code section: (1) `Firearm' means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge and includes stun guns and tasers as defined by subsection (a) of Code Section 16-11-106, as amended, and any replica, article, or device having the appearance of a firearm. (2) `Motor vehicle' means any vehicle which is selfpropelled. (3) `Weapon' means an object, device, or instrument which when used against a person is likely to or actually does result in serious bodily injury or death or any replica, article, or device having the appearance of such a weapon including, but not limited to, any object defined as a weapon by Code Section 16-11-127.1 or as a dangerous weapon by Code Section 16-11-121. (b) A person commits the offense of hijacking a motor vehicle when such person while in possession of a firearm or weapon obtains a motor vehicle from the person or presence of another by force and violence or intimidation or attempts or conspires to do so.

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(c) A person convicted of the offense of hijacking a motor vehicle shall be punished by imprisonment for not less than ten nor more than 20 years and a fine of not less than $10,000.00 nor more than $100,000.00, provided that any person who has previously committed an offense under the laws of the United States or of Georgia or of any of the several states or of any foreign nation recognized by the United States which if committed in Georgia would have constituted the offense of hijacking a motor vehicle shall be punished by imprisonment for life and a fine of not less than $100,000.00 nor more than $500,000.00. For purposes of this subsection, `state' shall include the District of Columbia and any territory, possession, or dominion of the United States. (d) The offense of hijacking a motor vehicle shall be considered a separate offense and shall not merge with any other offense; and the punishment prescribed by subsection (b) of this Code section shall not be deferred, suspended, or probated. (e) Any property which is used, intended for use, derived, or realized, directly or indirectly, from a violation of this Code section is forfeited to the state and no property interest shall exist therein. Any action declaring such forfeiture shall be governed by the provisions of Code Section 16-13-49. Section 4 . Said Title 16 is further amended by striking in its entirety subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions regarding racketeering, and inserting in lieu thereof the following: (A) `Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state: (i) Article 2 of Chapter 13 of this title, relating to controlled substances;

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(ii) Article 3 of Chapter 13 of this title, known as the `Dangerous Drugs Act'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Article 3 of Chapter 7 of this title, relating to arson; (vii) Code Section 16-7-1, relating to burglary; (viii) Code Section 16-9-1, relating to forgery in the first degree; (ix) Article 1 of Chapter 8 of this title, relating to theft; (x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Section 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery; (xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications;

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(xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the `Georgia Firearms and Weapons Act'; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Code Section 10-5-24, relating to violations of the `Georgia Securities Act of 1973'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers; (xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the `Georgia Computer Systems Protection Act';

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(xxix) Any conduct defined as `racketeering activity' under 18 U.S.C. Section 1961 (1)(A), (B), (C), and (D); (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprisonment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; (xxxi) Code Section 16-11-37, relating to terroristic threats and acts; or (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking. Section 5 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety subsection (a) of Code Section 17-6-1, relating to where offenses are bailable, and inserting in lieu thereof the following: (a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;

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(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and (10) Kidnapping, arson, aggravated assualt, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection. Section 6 . Said Title 17 is further amended by striking subsection (a) of Code Section 17-10-9.1, relating to releases of prisoners pending subsequent voluntary surrender, in its entirety and inserting in lieu thereof the following: (a) When a defendant who pleads nolo contendere or guilty or is convicted of an offense against the laws of this state other than: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking of a motor vehicle; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;

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(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; (10) Kidnapping, arson, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection; (11) Child molestation; (12) Robbery; (13) Aggravated assault; or (14) Voluntary manslaughter is sentenced to a term of confinement in a county jail or a correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections, the sentencing judge may release the defendant pending the defendant's surrendering to a county jail or to a correctional institution designated by the Department of Corrections as authorized in this Code section. The sentencing court may release the defendant on bond or may release the defendant on the defendant's personal recognizance. This Code section shall not be construed to limit the court's authority in prescribing conditions of probation. 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 19, 1994.

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GENERAL ASSEMBLYFISCAL NOTES; PREPARATION. Code Section 28-5-42 Amended. No. 1212 (House Bill No. 1274). AN ACT To amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the Georgia Fiscal Note Act, so as to change provisions relating to the requesting, preparation, and consideration of fiscal notes; to provide for the time of requesting a fiscal note by the author of a bill; to provide for a waiver of such time requirement in certain circumstances; to provide for the time of requesting a fiscal note by the committee chairperson; to provide for the time of preparation of the fiscal note by the director of the Office of Planning and Budget and the state auditor; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the Georgia Fiscal Note Act, is amended by striking Code Section 28-5-42, relating to requesting, preparation, and consideration of fiscal notes and fiscal bills, and inserting in its place a new Code section to read as follows: 28-5-42. (a) (1) 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 and Accounts by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative

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Counsel. The failure to so request a fiscal note by December 1 shal preclude consideration of the measure by the Senate or the House of Representatives. This requirement, however, may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers. (2) 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 chairperson shall make such request after the bill is referred to the committee. The request shall be complied with by the director of the Office of Planning and Budget and the state auditor. During any regular session of the General

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Assembly, such request shall be complied with within five days after receipt of the request. The principal administrative and fiscal officers of all departments, 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 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 in effect during any regular session of the General Assembly, 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 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to legislation pending in the General Assembly on that effective date or introduced thereafter. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. REGIONAL DEVELOPMENT CENTERSCONTRACTS WITH DEPARTMENT OF COMMUNITY AFFAIRS FOR PLANNING FOR AREAS OUTSIDE TERRITORY; BOARD; MEMBERSHIP; POWERS; NONPROFIT CORPORATIONS; AUDITS; FILINGS; ADMINISTRATION OF CERTAIN FEDERAL PROGRAMS PROHIBITED; CONTRACTS WITH STATE AGENCIES; CONTINUING EDUCATION; DISCLOSURE OF DOCUMENTS; EXCEPTIONS TO AUDITS; CESSATION OF OPERATION; EXCEPTION. Code Sections 50-8-31, 50-8-34, 50-8-35, and 50-8-39 Amended. Code Section 50-8-39.1 Enacted. No. 1213 (House Bill No. 1482). 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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center; to change the definition of the term center; to define the term nonpublic funds; to change the provisions relating to the membership of the board of a regional development center and the powers of the board; to provide for the status of certain nonprofit corporations created by regional development centers; to change the provisions relating to financial

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and performance audits of regional development centers and nonprofit corporations either created or controlled or caused to be created by such centers; to provide for the selection of auditors and the distribution of audit reports; to require nonprofit corporations either created or controlled or caused to be created by regional development centers to submit to the Department of Community Affairs all filings made to federal, state, or local taxing authorities; to change the provisions relating to general powers of regional development centers; to limit the authority of such centers to create nonprofit corporations; to prohibit such centers and nonprofit corporations either created or controlled or caused to be created by such centers from administering certain federal programs; to require certain provisions in contracts that regional development centers have with state agencies; to provide for the development of continuing education programs for professional staff members of regional development centers; to exempt certain documents and information from access and disclosure; to provide that neither the state auditor nor the Department of Community Affairs shall be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Small Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations; to provide for certain duties and actions of the local government members upon a regional development center's ceasing to operate; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end of Code Section 50-8-7.1, relating to general powers and duties of the Department of Community Affairs, a new subsection (e) to read as follows: Section 2 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 50-8-31, relating

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to definitions applicable to regional development centers, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Center' means a regional development center established under this article, including its predecessor area planning and development commission. Section 3 . Said chapter is further amended by adding between paragraphs (19) and (20) of Code Section 50-8-31, relating to definitions applicable to regional development centers, a new paragraph (19.1) to read as follows: (19.1) `Nonpublic funds' means the servicing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs. Section 4 . Said chapter is further amended by striking in its entirety Code Section 50-8-34, relating to the 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

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development center may authorize the regional development center to include nonpublic board members; (2) At the next regular meeting of each regional development center board held not less than 30 days following July 1, 1993, 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 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; and (3) In addition to the members of the board provided for in paragraphs (1) and (2) of this subsection, the Board of Community Affairs shall have the authority to appoint one nonvoting member from within each region to the membership of the board for that region. (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

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board not to comply with the requirements of subse[UNK]ction (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: (1) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35; (2) The appointment and removal of a full-time 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; and (6) 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 5 . Said chapter is further amended by striking in their entirety paragraphs (1), (2), and (3) of subsection (f) of Code Section 50-8-35, relating to general powers of regional

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development centers, and inserting in lieu thereof new paragraphs (1) through (8) to read as follows: (1) (A) 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. (B) Any nonprofit corporation which, prior to April 1, 1994, has been created by a center and has had articles of incorporation which are regular on their face accepted for filing by the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the center to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after April 1, 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence. (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. All receipts of nonpublic funds shall be evidenced by vouchers showing the date, amount,

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and source of each receipt. A schedule shall be included in each annual audit which reports the beginning balance of unexpended nonpublic funds; the date, amount, and source of all receipts of nonpublic funds; the date, place, purpose, and persons for whom expenditures were made for all such expenditures of nonpublic funds; and the ending balance of unexpended nonpublic funds. The auditor shall verify and test such beginning balances, receipts, expenditures, and ending balances sufficient to express an opinion thereon in accordance with generally accepted government auditing standards. (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. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a nonprofit corporation and shall annually review the audit procurement process to determine compliance with established policies and procedures. The nonprofit corporation shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the commissioner, who shall 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 with the assistance of the commissioner of banking and finance shall conduct at least biennially a performance audit of each nonprofit corporation. The department shall provide copies of each such performance audit to the respective chief elected official of each county and municipality within the center's region. (4) Each nonprofit corporation shall submit to the department copies of all filings made to federal, state, or

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local taxing authorities, including filings related to tax exemptions simultaneous with such filings. (5) (A) Each annual audit report of a nonprofit corporation shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the nonprofit corporation's fiscal year. In addition to the audit report, the nonprofit corporation shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (B) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in paragraph (3) of this subsection. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or written comments, notify the nonprofit corporation and the auditor who performed the audit and shall submit to them a list of the deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the center related to the nonprofit corporation, the chief elected official of each county and municipality within the center's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the center's region. (C) If the state auditor has not received any required audit or written comments by the date specified in subparagraph (A) of this paragraph, the state auditor shall within 30 days of such date notify the nonprofit corporation that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the center related to the nonprofit corporation, the chief elected official of each county and

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municipality within the related center's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the related center's region. (D) The state auditor, for good cause shown by those nonprofit corporations in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same nonprofit corporation. (6) A copy of the report and of any comments made by the state auditor pursuant to subparagraph (B) of paragraph (5) of this subsection shall be maintained as a public record for public inspection during the regular working hours at the principal office of the nonprofit corporation and the related center. (7) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the related center's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the nonprofit corporation has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (8) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented

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that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same nonprofit corporation. Section 6 . Said chapter is further amended by adding at the end of Code Section 50-8-35, relating to general powers of regional development centers, new subsections (g), (h), (i), (j), and (k) to read as follows: (g) Notwithstanding the provisions of paragraphs (2) and (8) of subsection (a) of this Code section, a center may contract with the department for coordinated and comprehensive planning covering areas not within the territorial boundary of the center, provided that any such contract is made with the approval of the regional development center's board of directors having jurisdiction in the area affected. (h) A center shall be prohibited from either creating or controlling or causing to be created any nonprofit corporation, except as authorized in paragraph (1) of subsection (f) of this Code section. (i) Neither a center nor a nonprofit corporation either created or controlled or caused to be created by the center shall administer any federal program which prohibits the department from conducting a performance audit relative to such program. (j) In any case where a center contracts with a state agency, the contract shall include a provision requiring cancellation of the contract if the department determines that the center or a nonprofit corporation either created or controlled or caused to be created by the center is not fully cooperating with a performance audit conducted by the department. (k) The department and the centers, jointly, shall develop a continuing education program for professional staff members of such centers.

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Section 7 . Said chapter is further amended by striking in its entirety Code Section 50-8-39, relating to the accounting of funds by a regional development center, and inserting in lieu thereof a new Code Section 50-8-39 to read as follows: 50-8-39. (a) A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a center and shall annually review the audit procurement process to determine compliance with established policies and procedures. The center shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct at least biennially a performance audit of each regional development center. The department shall provide copies of a performance audit of a center to the chief elected official of each county and municipality within the center's region. (b) In conducting a performance audit of a center, the department shall be allowed access to all books, records, and documents of the center and all books, records, and documents of any nonprofit corporations either created or controlled or caused to be created by the center, to the extent the commissioner deems necessary. (c) (1) Each annual audit report of a center shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the center's fiscal year. In addition to the audit report, the center shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings

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and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (2) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in subsection (a) of this Code section. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or the written comments, notify the center and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the center's region and to each member of the General Assembly whose senatorial or representative district includes any part of the center's region. (3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the center that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the center's region and to each member of the General Assembly whose senatorial or representative district includes any part of the center's region. (4) The state auditor, for good cause shown by those centers in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same center.

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(d) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (c) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office of the center. (e) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the center's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the center has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (f) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same center. (g) Any other provision of this chapter to the contrary notwithstanding, nothing in this chapter shall be construed to require public disclosure of or access to any documents or information relating to loans made by or assigned to the United States Small Business Administration which are exempt from disclosure based upon the federal Privacy Act of 1974, the federal Freedom of Information Act, or the Code of Federal Regulations. (h) Notwithstanding any other provision of this chapter, neither the state auditor nor the department shall be

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authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations. Section 8 . Said chapter is further amended by adding between Code Sections 50-8-39 and 50-8-40 a new Code Section 50-8-39.1 to read as follows: 50-8-39.1. Upon a center's ceasing operations, the local government members of the center shall, within 30 days of cessation of the center's operations, appoint a receiver of the assets of the center for the protection of creditors. The receiver shall be authorized to marshal, sell, or transfer assets, pay liabilities, and assess counties and municipalities which were members of the center. After the completion of such liquidation, a distribution shall be made to the local government members on a pro rata basis according to the amount of contributions such members made to the center. Section 9 . Said chapter is further amended by deleting Code Section 50-8-35(f)(1) and inserting in lieu thereof a new Code Section 50-8-35(f)(1) as follows: (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, and to administer federal or state housing and development programs and funds available only to nonprofit corporations. Each such nonprofit corporation must be authorized by the center's board and each unit of local government affected. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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EROSION AND SEDIMENTATION ACT OF 1975MINIMUM REQUIREMENTS; PERMITS; BONDS; CERTIFICATION AS ISSUING AUTHORITY; LOCAL PROGRAM REVIEW; ENFORCEMENT; PENALTIES; EXEMPTIONS. Code Sections 12-7-3, 12-7-6 through 12-7-8, 12-7-12, 12-7-15, and 12-7-17 Amended. No. 1214 (Senate Bill No. 608). AN ACT To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, so as to define certain terms; to revise minimum requirements; to change provisions relating to proof of violation of minimum requirements; to require the property owner where landdisturbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to require a bond or other form of financial security; to provide that no such permit shall be issued for any land upon which is owing any past due ad valorem taxes; to require a county or municipality to employ qualified personnel for the county or municipality to be certified; to require districts or the commission to periodically review local programs; to revise enforcement procedures by the division in certified counties and municipalities; to provide that land-disturbing activities may be stopped under certain conditions; to increase the civil penalty and to authorize municipal courts to levy certain civil penalties; to revise certain exemptions from such chapter; 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 . Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of 1975, is amended by striking Code Section 12-7-3, relating to

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definitions relative to such chapter, in its entirety and inserting in lieu thereof the following: 12-7-3. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources. (2) `Commission' means the state Soil and Water Conservation Commission. (3) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) `District' means any one of the soil and water conservation districts of this state. (5) `Division' means the Environmental Protection Division of the Department of Natural Resources. (6) `Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes. (7) `Erosion and sediment control plan' or `plan' means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. (8) `Issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division. (9) `Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting,

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and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17. (10) `Person' means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity. (11) `Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. (12) `Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district. (13) `State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Section 2 . Said chapter is further amended by striking Code Section 12-7-6, relating to minimum requirements for rules and regulations, ordinances, or resolutions, in its entirety and inserting in lieu thereof the following: 12-7-6. (a) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a

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minimum, sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with the following: (1) Stripping of vegetation, regrading, and other development activities shall be conducted in such a manner so as to minimize erosion; (2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chapter;

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(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by the means of bridges or culverts, except when such methods are not feasible; provided, in any case, that such crossings must be kept to a minimum; (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments or site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (17) of this Code section; (15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph; and

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(16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as `trout streams' pursuant to Article 2 of Chapter 5 of this title unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. (17) (A) Discharges of storm-water runoff from disturbed areas shall be controlled to the extent that turbidity of the storm-water runoff shall not exceed 100 nephelometric turbidity units higher than the turbidity level of the receiving stream immediately upstream from the storm-water runoff discharge at the time of such discharge; provided, however, that for trout streams, such maximum allowable turbidity level shall be 50 nephelometric turbidity units higher than the turbidity level of such stream immediately upstream from the storm-water runoff discharge at the time of such discharge. Due to the various soils and hydrological and water conditions throughout the state, the division shall have the discretion to vary from the aforesaid nephelometric turbidity units. (B) On and after July 1, 1994, the Board of Natural Resources shall be authorized to establish the maximum allowable turbidity levels at higher or lower levels or establish an equivalent method of determining the amount of sedimentation with corresponding standards by rule or regulation, but only after the board has considered the results of a study of nephelometric turbidity unit levels and alternative standards done under the auspices of the Board of Regents. Upon the adoption of such rule or regulation, the provisions of subparagraph (A) of this paragraph shall be superseded by the provisions of this subparagraph. (b) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances,

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or resolutions which contain requirements that exceed the minimum requirements in subsection (a) of this Code section. (c) (1) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the terms of the permit. (2) If during a ten-year rainfall event or a rainfall event of greater magnitude, storm-water runoff turbidity exceeds the levels provided for in paragraph (17) of subsection (a) of this Code section or other turbidity requirements adopted by an issuing authority, such exceeding of such levels shall not constitute a violation of the requirements provided for or authorized under this Code section if all such requirements other than those relating to turbidity have been met. (3) This subsection shall cease to apply upon the adoption of a rule or regulation as provided for in subparagraph (a) (17) (B) of this Code section. Section 3 . Said chapter is further amended by striking subsections (a) and (e) of Code Section 12-7-7, relating to the permit required for land-disturbing activity, in their entireties and inserting in lieu thereof, respectively, the following: (a) No land-disturbing activities shall be conducted in this state, except those land-disturbing activities provided for in Code Section 12-7-17, without the property owner where the land-disturbing activity will occur first securing the permit required by this Code section. (e) (1) If a permit applicant has had two or more violations of previous permits or this Code section within three years prior to the date of filing of the application under consideration, the issuing authority may deny the permit application. (2) The issuing authority may require the permit applicant to post a bond in the form of government security,

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cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this Code section or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. This subsection shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations. Section 4 . Said chapter is further amended by adding at the end of Code Section 12-7-7, relating to permits required for land-disturbing activities, the following: (f) No permit may be issued pursuant to subsection (b) or (c) of this Code section unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official responsible for the collection of municipal taxes in the municipality within which such property lies, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid. Section 5 . Said chapter is further amended by striking subsections (a), (b), and (d) of Code Section 12-7-8, relating to certification of a county or municipality as an issuing authority, in their entireties and inserting in lieu thereof, respectively, the following: (a) If a county or municipality has enacted ordinances which meet or exceed the standards, requirements, and provisions of this chapter and which are enforceable by such county or municipality, and if a county or municipality documents that it employs qualified personnel to implement enacted ordinances, the director may certify such county or municipality as an issuing authority for the purposes of this chapter.

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(b) The districts or the commission or both shall periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (d) Upon written request made by an issuing authority, the director may determine that the public interest requires initiation of an enforcement action by the division. Such request shall be accompanied by documentation that demonstrates to the director's satisfaction that local remedy has been exhausted and that compliance with local ordinances or resolutions has not been achieved. Where such a determination is made and the issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the county or municipality as an issuing authority. Section 6 . Said chapter is further amended by striking Code Section 12-7-12, relating to orders directed to violators, in its entirety and inserting in lieu thereof the following: 12-7-12. (a) Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred in a county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or the rules or regulations or order alleged to have been violated and may require that land-disturbing activity be stopped until necessary corrective action and mitigation

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have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request, in writing, a hearing pursuant to Code Section 12-7-16. (b) Whenever an issuing authority has reason to believe that a violation of any provision of a local ordinance or resolution has occurred within the jurisdiction of the issuing authority, the issuing authority may require that land-disturbing activity be stopped until necessary corrective action and mitigation have been taken or may require that necessary corrective action and mitigation be taken within a reasonable time. Section 7 . Said chapter is further amended by striking subsection (a) of Code Section 12-7-15, relating to civil penalty, in its entirety and inserting in lieu thereof the following: (a) Any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.

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Section 8 . Said chapter is further amended by striking Code Section 12-7-17, relating to exemptions, in its entirety and inserting in lieu thereof the following: (a) This chapter shall not apply to the following activities: (1) Surface mining, as the same is defined in Code Section 12-4-72; (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a larger project and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in Code Section 12-7-6 and that such requirements shall be enforced by the issuing authority; (5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; forestry land management practices, including harvesting; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings; (6) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture;

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(7) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, `state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing authority from regulating any such project which is not specifically exempted by paragraphs (1), (2), (3), (4), (5), (6), (8), or (9) of this subsection; (8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; (9) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in Code Section 12-7-6. (b) Where subsection (a) of this Code section requires compliance with the minimum requirements set forth in Code Section 12-7-6, issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.

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Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. LOTTERYSCHOLARSHIP SHORTFALL RESERVE SUBACCOUNT TO BE MAINTAINED WITHIN LOTTERY FOR EDUCATION ACCOUNT. Code Section 50-27-13 Amended. No. 1215 (Senate Bill No. 711). AN ACT To amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the disposition of state lottery proceeds, is amended by inserting following paragraph (2) of subsection (b) the following: (3) A scholarship shortfall reserve subaccount shall be maintained within the Lottery for Education Account. An amount equal to 10 percent of the total amount of lottery proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until such amount

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equals 50 percent of such sum. Thereafter, only an amount necessary to maintain the scholarship shortfall reserve subaccount in an amount equal to 50 percent of the amount of lottery proceeds disbursed during the preceding fiscal year shall be deposited into the subaccount. If the net proceeds paid into the Lottery for Education Account in any year are not sufficient to meet the amount appropriated for higher education scholarships, the shortfall reserve subaccount may be drawn upon to meet the deficiency. In the event it becomes necessary to draw from the reserve subaccount in any fiscal year, the scholarship program shall be reviewed and shall be reduced to accommodate available lottery proceeds, exclusive of the scholarship shortfall reserve subaccount, through such methods as reducing the family income cap qualification, reducing or eliminating grants for student fees and books, and reducing the academic years funded. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. TEACHERS RETIREMENT SYSTEM OF GEORGIAPERCENTAGE OF SALARY TO BE PAID INTO SYSTEM. Code Section 47-3-41 Amended. No. 1216 (House Bill No. 1383). AN ACT To amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions; to

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establish the limits of such discretion; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following: (1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period a percentage of the member's earnable compensation as determined by the board of trustees which shall be not less than 5 nor more than 6 percent; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1;

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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 19, 1994. PROBATE COURTSJUDGES' QUALIFICATIONS; REPEALED FOR COUNTIES OF 100,000 OR MORE; FOR COUNTIES OF 96,000 OR MORE; JURY TRIALS AND APPEAL IN COUNTIES OF 96,000 OR MORE; POWERS AND QUALIFICATIONS OF CHIEF CLERK IN COUNTIES OF 96,000 OR MORE. Code Sections 15-9-4, 15-9-36, and 15-9-120 Amended. No. 1217 (House Bill No. 1754). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to repeal those certain provisions formerly applicable to counties having a population of more than 100,000; to repeal the provisions relating to certain additional eligibility requirements for judges of the probate courts in such counties; to provide an exception; to provide for jury trials in civil cases and appeals in the probate courts of such counties; to provide for the exercise of the jurisdiction of the judge of the probate court by the clerk of such court concerning uncontested matters in such counties; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended in Article 1, relating to general provisions, by striking in its entirety Code Section 15-9-4, relating to additional eligibility requirements

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in certain counties, and inserting in lieu thereof the following: 15-9-4. (a) No person elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law. (b) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 96,000 persons according to the United States decennial census of 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding election. (c) A judge of the probate court holding such office on the effective date of this Code section shall continue to hold such office and shall be allowed to seek reelection for such office. Section 2 . Said chapter is further amended in Article 6, relating to jury trials and appeal, by striking in its entirety paragraph (2) of Code Section 15-9-120, relating to definitions relative to jury trials and appeals for probate courts, and inserting in lieu thereof a new paragraph to read as follows: (2) `Probate court' means a probate court of a county having a population of more than 96,000 persons according to the United States decennial census of 1990 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years. Section 3 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-9-36, relating to judges and clerks of the probate court, and inserting in lieu thereof the following:

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(c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present. (2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years. (3) This subsection shall apply to each county of this state having a population of 96,000 or more persons according to the United States decennial census of 1990 or any future such census. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. EDUCATIONTEXTBOOK DEFINED. Code Section 20-2-1010 Amended. No. 1218 (House Bill No. 1702). AN ACT To amend Code Section 20-2-1010 of the Official Code of Georgia Annotated, relating to state board authority to prescribe textbooks, so as to provide for state board authority to regulate the definition of the term textbook to include systematically designed material in any medium within that definition; to provide for regulations of multiple listings of textbooks; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-1010 of the Official Code of Georgia Annotated, relating to state board authority to prescribe textbooks, is amended by striking said Code section and inserting in its place a new Code Section 20-2-1010 to read as follows: 20-2-1010. The State Board of Education is authorized to prescribe, by regulation, the definition of the term `textbook' to include but not be limited to systematically designed material in any medium, print or nonprint, that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks so listed or adopted for any particular grade. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. REVENUESPECIAL COUNTY SALES AND USE TAX; IMPOSITION FOR SOLID WASTE OR RECOVERED MATERIALS FACILITIES; MAXIMUM TIME; ORDINANCE OR RESOLUTION; BALLOT QUESTIONS; DISPOSITION OF PROCEEDS; ECONOMICALLY INFEASIBLE PURPOSES; DATE OF AUTOMATIC REPEAL; EXCESS PROCEEDS. Code Sections 48-8-111 and 48-8-121 Amended. No. 1219 (House Bill No. 1704). AN ACT To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent

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sales and use tax, so as to authorize the imposition of such tax for certain local or regional solid waste or recovered materials facilities; to change the maximum period of time for which such tax may be imposed for certain purposes; to change certain provisions regarding the contents of the ordinance or resolution of the governing authority calling for the imposition of the tax; to change certain provisions regarding the contents of the required ballot questions relating to the tax; to make provisions for disposition of tax proceeds in certain cases; to provide for use where certain purposes for which the tax was imposed are economically infeasible; to provide for a date of automatic repeal; to change certain provisions regarding the expenditure of excess proceeds; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, is amended by striking subparagraph (a)(1)(B) of Code Section 48-8-111, relating to the imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new subparagraph (a)(1)(B) to read as follows: (B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code

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Section 12-8-22, as amended; or any combination of such projects;. Section 2 . Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (2) to read as follows: (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years;. Section 3 . Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (3) to read as follows: (3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and. Section 4 . Said article is further amended by striking paragraph (3) of subsection (d) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new paragraph (3) to read as follows: (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following: () YES () NO Shall a special 1 percent sales and use tax be imposed inCounty for a period of time not to exceedand for the raising of not more than $for the purpose ofand for road, street, and bridge purposes for a period of

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time not to exceedand for the raising of not more than $?' Section 5 . Said article is further amended by adding at the end of subsection (a) of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, a new paragraph (3) to read as follows: (3) Where the tax authorized by this article has been imposed prior to the effective date of this paragraph for a period of four years for road, street, and bridge purposes and five years for other purposes, this paragraph shall apply. When this paragraph applies, proceeds from any or all years of the five-year imposition period may be used for road, street, and bridge purposes and proceeds from any or all years of the five-year imposition period may be used for the other authorized purposes, so long as the total expenditures of the tax proceeds are consistent with the total expenditures provided for in the original resolution or ordinance calling for the imposition of the tax. Section 6 . Said article is further amended by striking subsection (g) of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, and inserting in its place a new subsection (g) to read as follows: (g) (1) (A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county receives from the tax net proceeds in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds

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shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes. Section 7 . Said article is further amended by adding a new subsection at the end of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, to be designated subsection (h), to read as follows: (h) (1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article on or after April 1, 1993, and prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts an appropriate resolution or ordinance determining that the development of the sanitary landfill has become or is economically infeasible. Upon the adoption of such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously collected and future proceeds of the tax (or such

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portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal purposes as are determined by the county governing authority to constitute the best feasible alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and operation expenditures. (2) This subsection shall stand repealed in its entirety on July 1, 1999. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 6 and 7 of this Act shall apply with respect to taxes imposed prior to said effective date as well as with respect to taxes imposed on or after said effective date. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. HIGH-VOLTAGE SAFETY ACT AMENDEDADMINISTRATION, ENFORCEMENT, AND PROMULGATION OF RULES BY COMMISSIONER OF LABOR REPEALED. Code Section 46-3-36 Repealed. No. 1220 (House Bill No. 1728). AN ACT To amend Part 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the High-voltage Safety Act, so as to repeal Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor; 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 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the High-voltage Safety Act, is amended by striking in its entirety Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor, which reads as follows: 46-3-36. The Commissioner of Labor shall administer and enforce this part, and he is empowered to prescribe and promulgate rules and regulations consistent with this part, except with respect to the operations of the center., and inserting in lieu thereof the following: 46-3-36. 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 19, 1994. FOREIGN LIMITED LIABILITY PARTNERSHIPSFORMATION; CERTIFICATES OF AUTHORITY. Code Title 14, Chapter 8 Amended. No. 1221 (House Bill No. 1813). AN ACT To amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, so as to provide for required qualification of foreign limited liability partnerships; to provide for a definition; to provide for the

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laws governing a foreign limited liability partnership; to provide for and require certificates of authority; to provide for activities not constituting the transaction of business; to provide for applications and their contents; to require and provide for registered agents and registered offices; to provide for the qualifications, powers, and duties of registered agents; to provide for the filing of statements and documents; to provide for resignation of registered agents; to provide for changes in registered offices; to provide for service of process, notices, or demands; to provide for certificates of authority; to provide for venue; to provide for the powers and duties of the Secretary of State; to provide for issuance of certificates; to provide for names and requirements related thereto; to provide for changes of names or jurisdictions of organizations; to provide for withdrawal of foreign limited liability partnerships; to provide for revocation of certificates and grounds for revocation; to provide procedures for an effect of revocation; to provide for appeals from revocation; to provide for transaction of business without registering and the effect thereof; to provide for actions by the Attorney General; to provide for annual registrations; to provide for fees; to provide for the administrative powers of the Secretary of State; to provide for rules and regulations; to provide for the duty of the Secretary of State to file documents and the effect of such filing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the Uniform Partnership Act, is amended by striking Code Section 14-8-2, relating to definitions relative to partnerships, and inserting in lieu thereof a new Code Section 14-8-2 to read as follows: 14-8-2. As used in this chapter, the term: (1) `Bankrupt' means a person who is the subject of: (A) The entry of an order for relief under Section 303(h) of the Bankruptcy Code (11 U.S.C. Section 303(h)) or the filing of a petition for voluntary

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bankruptcy under Section 301 of the Bankruptcy Code (11 U.S.C. Section 301) as these provisions may be now or hereafter amended; or (B) An equivalent order or petition under any successor statute or code of general application; or (C) An equivalent order or petition under any state insolvency Act. (2) `Business' includes every trade, occupation, or profession. (3) `Conveyance' includes every assignment, deed, transfer, lease (including the creation of a usufruct), mortgage or pledge of tangible, intangible, or real property, and also the creation or cancellation of any lien, encumbrance, or security title. (4) `Court' includes every court and judge having jurisdiction in the case. (5) `Foreign limited liability partnership' means a limited liability partnership formed under the laws of a jurisdiction other than this state. (6) `Interest' means interest at the legal rate which applies where the rate percent is not named in the contract as provided by Code Section 7-4-2 or any successor statute. (7) `Person' includes a natural person, partnership, limited liability partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. Any person may be a partner unless the person lacks capacity apart from this chapter. (8) `Real property' includes any estate or interest, including usufructory interests, in, over, or under land, including minerals, structures, fixtures, and other things which by custom, usage, or law pass with a conveyance of land though not described or mentioned in an instrument

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of conveyance or in a contract to make such a conveyance. Section 2 . Said chapter is further amended by adding at the end thereof new Code Sections 14-8-44 through 14-8-61 to read as follows: 14-8-44. (a) The laws of the jurisdiction under which a foreign limited liability partnership is organized govern its organization and internal affairs and the liability of its partners, regardless of whether the foreign limited liability partnership procured or should have procured a certificate of authority under this chapter upon condition that such foreign limited liability partnership shall have capital accounts or carry liability insurance of a type that is designed to cover the kind of errors, omissions, negligence, incompetence, or malfeasance for which liability is limited by the laws of the jurisdiction under which it was formed in an amount of not less than $1 million. (b) A foreign limited liability partnership 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 partnership is organized and the laws of this state. 14-8-45. (a) A foreign limited liability partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited liability partnership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited liability partnership, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability partnership is organized, setting forth: (1) The name of the foreign limited liability partnership and, if different, the name under which it proposes to qualify and transact business in this state;

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(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 appointed the agent of the foreign limited liability partnership for service of process if no agent has been appointed under subsection (a) of Code Section 14-8-46 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 partners, together with an undertaking by it to keep those records until its registration in this state is canceled or revoked; (8) The name and a business address of a partner who has substantial responsibility for managing its business activities; and (9) A statement that the foreign limited liability partnership either has capital accounts or liability insurance of a type that is designed to cover the kind of errors, omissions, negligence, incompetence, or malfeasance for which liability is limited by the laws of the jurisdiction under which it was formed in an amount of not less than $1 million. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability partnership shall not be considered to be transacting

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business in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its partners or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements with a bank or trust partnership, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of partnership 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;

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(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. (d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability partnership to taxation or to service of process under any of the laws of this state. 14-8-46. (a) Each foreign limited liability partnership 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 partnership. (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 partnership 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 14-8-56 or by executing and delivering to the Secretary of State for filing a statement setting forth: (1) The name of the foreign limited liability partnership; (2) The street address and county of its then registered office;

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(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, the Secretary of State shall file such statement in his or her office; and upon such filing, the change of address of the registered office or the change of the registered agent, or both, as the case may be, shall become effective. (e) A registered agent of a foreign limited liability partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed 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 14-8-56, 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 14-8-45. 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 partnership. (f) A registered agent may change the agent's office and the address of the registered office of any foreign limited liability partnership 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

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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 14-8-56, 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 14-8-45. (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 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 partnership 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 partnership 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 partnership. 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 partnership authorized to transact business in this state is an agent of the foreign limited liability partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability partnership. (i) Whenever a foreign limited liability partnership required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability partnership upon whom any process, notice, or

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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 the Secretary of State 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 or her attorney shall certify in writing to the Secretary of State that the foreign limited liability partnership failed either to maintain a registered office or appoint a registered agent in this state and that he or she 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. (j) 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. (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 partnership. (l) Venue in proceedings against a foreign limited liability partnership shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on April 1, 1994, or thereafter. For purposes of determining venue, the residence of each foreign limited liability partnership authorized to transact business in this state shall be determined in accordance with Code Section 14-2-510 as though such foreign limited liability partnership were a foreign corporation. 14-8-47. (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 14-8-52 have been paid, the Secretary of State shall: (1) Stamp or otherwise endorse his or her official title and the date and time of receipt on the application;

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(2) File in his or her 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 partnership shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority. 14-8-48. (a) A foreign limited liability partnership may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that such name: (1) Must contain the words `limited liability partnership' (it being permitted to abbreviate the word `limited' as `ltd.') or the abbreviation `L.L.P.'; (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 partnership, professional corporation, professional association, limited liability company, or limited liability partnership 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 partnership. (b) Whenever a foreign limited liability partnership 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

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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 partnership 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 partnership of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability partnership shall be issued in its name with such additions, and the foreign limited liability partnership shall use such name with such additions in all its dealings with the Secretary of State. 14-8-49. A foreign limited liability partnership 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 14-8-45 and 14-8-47 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section. 14-8-50. (a) A foreign limited liability partnership 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 partnership 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 partnership and the name of the jurisdiction under whose laws 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;

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(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. (c) After the withdrawal of the foreign limited liability partnership is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability partnership. 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 partnership at the mailing address provided pursuant to subsection (b) of this Code section. 14-8-51. The Secretary of State may commence a proceeding under Code Section 14-8-52 to revoke the certificate of authority of a foreign limited liability partnership authorized to transact business in this state if: (1) The foreign limited liability partnership does not deliver its annual registration to the Secretary of State within 60 days after it is due; (2) The foreign limited liability partnership 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 partnership is without a registered agent or registered office in this state for 60 days or more;

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(4) The foreign limited liability partnership does not inform the Secretary of State under Code Section 14-8-46 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 discontinuation; (5) A partner or agent of the foreign limited liability partnership 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 partnership is organized stating that it has been dissolved, terminated, or disappeared as a result of a merger. 14-8-52. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-8-51 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability partnership 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 14-8-56 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 14-8-45 or to the registered agent. (b) If the foreign limited liability partnership 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 partnership, the Secretary of State may revoke the foreign limited liability partnership's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date.

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(c) The authority of a foreign limited liability partnership 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 partnership's certificate of authority appoints the Secretary of State as the foreign limited liability partnership's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability partnership 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 partnership. 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 statement pursuant to paragraph (5) of subsection (a) of Code Section 14-8-56 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 14-8-45 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 partnership. (e) Revocation of a foreign limited liability partnership's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability partnership. 14-8-53. (a) A foreign limited liability partnership 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 14-8-52. The foreign limited liability partnership 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.

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(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. 14-8-54. (a) A foreign limited liability partnership 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 partnership to procure a certificate of authority does not impair the validity of any contract or act of the foreign limited liability partnership or prevent the foreign limited liability partnership from defending any action, suit, or proceeding in any court of this state. (c) A foreign limited liability partnership 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 partnership 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. 14-8-55. The Attorney General may maintain an action to restrain a foreign limited liability partnership from transacting business in this state in violation of this chapter. 14-8-56. (a) Each foreign limited liability partnership authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:

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(1) The name of the foreign limited liability partnership 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 partners and other owners of the foreign limited liability partnership; (5) The name and a business address of a partner who has substantial responsibility for managing the business activities of the foreign limited liability partnership; 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 partnership. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which the foreign limited liability partnership 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 partnership in writing and return the report to it for correction.

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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. 14-8-57. 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 partnership, but not less than 20.00 (3) Registered agent's statement of resignation pursuant to subsection (e) of Code Section 14-8-46 No fee (4) Annual registration 25.00 (5) Any other document required or permitted to be filed by this chapter 20.00 14-8-58. 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,

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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. 14-8-59. 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.' 14-8-60. The Secretary of State's duty to file documents under this chapter is ministerial. The Secretary of State's filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the document; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-8-61. Code Sections 14-8-44 through 14-8-60 and this Code section shall become effective on April 1, 1994, and shall govern all foreign limited liability partnerships transacting business in this state on or after April 1, 1994. Section 3 . This Act shall become effective on July 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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FINANCING STATEMENTSCENTRAL INDEXING SYSTEM. Code Title 11, Articles 9 and 12 Amended. Code Sections 15-6-61 and 15-6-77 Amended. No. 1222 (House Bill No. 1836). AN ACT To amend Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a fixture filing; to prohibit terms in contracts to prohibit assignment; to provide for requisites of financing statements; to provide for amendments of financing statements; to provide for filing under a trade name; to provide for what shall constitute a filing; to provide for continuation statements; to provide for file numbers and indexing; to provide for notice filing; to provide for public inspection; to provide for assignments of record; to provide for release of collateral; to provide for information stored in the central indexing system; to provide for archival storage of computerized records; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, is amended by striking subsection (2) of Code Section 11-9-105, relating to definitions and an index of definitions, and inserting in its place the following: (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).

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`Consumer goods.' Code Section 11-9-109(1). `Equipment.' Code Section 11-9-109(2). `Farm products.' Code Section 11-9-109(3). `Filing officer.' Code Section 11-9-401(1). `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). `Purchase money security interest.' Code Section 11-9-107. `United States.' Code Section 11-9-103. Section 2 . Said article is further amended by striking subsection (1) of Code Section 11-9-302, relating to when filing is required to perfect security interests, and inserting in its place the following: (1) A financing statement must be filed to perfect all security interests except the following: (a) A security interest in collateral in possession of the secured party under Code Section 11-9-305; (b) A security interest temporarily perfected in instruments or documents without delivery under Code Section 11-9-304 or in proceeds for a ten-day period under Code Section 11-9-306; (c) A security interest created by an assignment of a beneficial interest in a trust or a decedent's estate;

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(d) A purchase money security interest in consumer goods; but fixture filing is required for priority over conflicting interests in fixtures to the extent provided in Code Section 11-9-313; (e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor; (f) A security interest of a collecting bank (Code Section 11-4-208) or in securities (Code Section 11-8-321) or arising under the article on sales (see Code Section 11-9-113) or covered in subsection (3) of this Code section; (g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder. In addition, if the 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 (Code Section 11-9-313), a notice filing as provided in subsection (7) of Code Section 11-9-403 must be made to perfect a security interest in such collateral. Section 3 . Said article is further amended by striking paragraph (b) of subsection (1) of Code Section 11-9-313, relating to priority of security interests, and inserting in its place the following: (b) A `fixture filing' is the filing of a financing statement coverning goods which are or are to become fixtures and the filing of the related notice as provided in subsection (7) of Code Section 11-9-403, conforming to the requirements of subsection (5) of Code Section 11-9-402 and subsection (7) of Code Section 11-9-403. Section 4 . Said article is further amended by striking subsection (4) of Code Section 11-9-318, relating to defenses against assignee, and inserting in its place the following:

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(4) A term in any contract between an account debtor and an assignor, including any contract for the assignor to provide services to the account debtor, is ineffective if it prohibits assignment of an account or prohibits creation of a security interest in a general intangible for money due or to become due or requires the account debtor's consent to such assignment or security interest. Section 5 . Said article is further amended by striking subsection (1) of Code Section 11-9-401, relating to place of filing, and inserting in its place the following: (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 (the `filing officer'). Section 6 . Said article is further amended by striking Code Section 11-9-402, relating to formal requisites of financing statement, and inserting in its place 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, and sets forth the social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number 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 which otherwise complies with the requirements of this Code section is sufficient when it is signed by the secured party instead of the debtor if there is filed with such financing statement a copy of the security agreement or real estate mortgage granting the security interest in the collateral described in the financing statement and containing an original or photostatic, microphotographic, photographic, or

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optical image reproduction of the debtor's signature. 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 purposes 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 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 statement and all amendments to such statements must be presented for filing on forms prescribed

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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, except that where the amendment only changes the name or address of the secured party, or the address or the social security number or Internal Revenue Service taxpayer identification number of the debtor, or corrects only typographical or other clerical errors set forth in the financing statement, such amendment may be filed without being signed by the debtor. Each amendment shall be filed with the filing officer of the county in which the financing statement being amended was filed. 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 or to be grown, minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103, or a financing statement filed 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 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 filing officer in the county or counties in which the affected real estate is located as provided in subsection (7) of Code Section 11-9-403. 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

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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. (6) 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. Filing under a trade name or assumed name alone shall not be sufficient to show the name of the debtor unless the trade name or assumed name is so similar to the debtor's legal name that filing under the trade name or assumed name would not be misleading in a search of the filing officer's records if such search is conducted using the legal name of the debtor. Where the debtor so 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.

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(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. (9) A financing statement which otherwise complies with subsection (1) is sufficient although it does not include the debtor's social security number or Internal Revenue Service taxpayer identification number, as applicable, if (a) it is filed to perfect a security interest in 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, or (b) the debtor is not required to have such a number. 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 that the debtor is not required to have such a number. Notwithstanding the provisions of subsection (4) of Code Section 11-9-402, subsection (3) of Code Section 11-9-403, subsection (5) of Code Section 11-9-405, or Code Section 11-9-406, no social security number or Internal Revenue Service taxpayer identification number of the debtor shall be required to be included on any amendment, continuation statement, assignment, release, or termination statement filed with respect to any such financing statement. Section 7 . Said article is further amended by striking Code Section 11-9-403, relating to what constitutes filing, and inserting in its place the following: 11-9-403. (1) Presentation for filing of a financing statement or a notice filing pursuant to subsection (7) of this Code section, and tender of the filing fee or acceptance of the statement or notice filing 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

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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 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 filed with the filing officer of the county where the original financing statement was filed or, if the original financing statement has previously been continued, with the filing officer of the county where the currently effective continuation statement was filed. The 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 and the date of filing of the original statement, set forth the name and the social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number, of the debtor, state that the original statement is still effective, 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 as defined in subsection (1) of Code Section 11-9-402 is originally $5,000.00, or less, specify the maturity date of the secured obligation or specify that such obligation is not subject to a maturity date. The filing officer shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing

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to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. 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 financing statement, continuation statement, amendment, assignment, release or termination statement, or notice filing made pursuant to subsection (7) of this Code section, with a file number or other appropriate recording information and with the date and hour of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. The filing officer shall transmit, for indexing in the central indexing system, each financing statement, continuation statement, amendment, assignment, release or termination statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided in Code Section 15-6-61. Uniform Commercial Code related real estate notice filings shall be recorded in the real estate records of the county or counties where the real estate is located, and the filing officer shall index the notice filings according to subsection (7) of this Code section. (5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement,

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continuation statement, amendment, release, assignment or termination statement, or a notice filing made pursuant to subsection (7) of this Code section shall be as required by Article 2 of Chapter 6 of Title 15. (6) A real estate mortgage filed prior to January 1, 1995, 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 January 1, 1995, 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 (Code Section 11-9-313), 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. The notice filing 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 or the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, specifies the types or items of collateral, contains a reasonable description of the real estate, and shows the name of the record owner or record lessee of the real estate if the debtor does not have an interest of record in the real estate. The 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. Amendments, releases, assignments, and terminations filed with respect to original notice filings shall give the names of the debtors and current secured parties, their addresses, the names of the record owners or record lessees of the real estate if the debtors do not have an interest of record in the real estate, and the recording information (book and page numbers and filing dates) of the original

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notice filings, shall be signed by the current secured parties, and shall be in the same form as used for comparable instruments to amend, release, assign, or cancel mortgages in the real estate records in Georgia, except that such filings need not be attested or acknowledged, or shall be on such other forms as the Georgia Superior Court Clerks' Cooperative Authority may prescribe. (8) Except as provided in subsection (6) of this Code section, any financing statement or continuation statement 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, in the case of financing statements, or five years from the date of the expiration of the five-year period of effectiveness of the financing statement or immediately preceding continuation statement, in the case of continuation statements, 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. Section 8 . Said article is further amended by striking subsection (2) of Code Section 11-9-404, relating to termination statement, and inserting in its place the following: (2) On presentation to the filing officer of such a termination statement he must mark the statement with a file number and the hour and date of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. 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 photostatic, microphotographic,

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photographic record or optical image reproduction 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. Section 9 . Said article is further amended by striking Code Section 11-9-405, relating to assignment of security interests, and inserting in its place the following: 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 statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the statement with a file number and the hour and date of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. 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 with the filing officer 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, the name and social security number or, if other than a natural person the Internal Revenue Service taxpayer identification number, of the debtor, the file number and the

Page 1706

date of filing of the financing statement, and the name and address of the assignee and containing a description of the collateral assigned. A form which otherwise complies with the requirements of this Code section is sufficient when it is signed by the assignee instead of the secired party of record if there is filed with such form a copy of the assignment instrument containing an original or a photostatic, microphotographic, photographic copy, or optical image reproduction of the signature of the secured party of record. On presentation to the filing officer of such a separate statement of assignment, the filing officer shall mark such separate statement with a file number and the date and hour of the filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. 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. Section 10 . Said article is further amended by striking Code Section 11-9-406, relating to release of collateral, and inserting in its place the following: 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, address, and social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number, of the debtor, the name and address of the secured party, the file number and the filing date of the financing statement. Each statement of release shall be filed with the filing officer of the county in which the financing statement was filed.

Page 1707

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 and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. On presentation to the filing officer of such a statement of release, the filing officer shall mark the statement with a file number and the hour and date of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. The uniform fee for filing, indexing, and stamping a copy of such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15. Section 11 . Said article is further amended by striking Code Section 11-9-407, relating to information from the filing officer, and inserting in its place the following: 11-9-407. (1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee as required by Article 2 of Chapter 6 of Title 15, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested. (2) Unless the filing officer has notice of an action pending relative thereto, he may remove from the files and destroy: (a) A lapsed original financing statement, a lapsed continuation statement, and a statement of assignment or release relating to either, immediately if he has retained a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof or, in other cases, one year or more after lapse; and

Page 1708

(b) A termination statement, immediately if he has retained a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof or in other cases, one year or more after the filing of the termination statement, but such filing officer shall not destroy any index of such statement unless he retains a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof. (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 receit 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. (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

Page 1709

respect to the central indexing system if such fees are not otherwise prescribed by law. Information maintained in the central index for inclusion on search reports shall consist of all currently effective original financing statements filed on or after January 1, 1995, as well as any currently effective statements of assignment, continuation, release, or amendment relating thereto. The record of the index of lapsed or terminated statements shall be maintained in accordance with subsection (7) of this Code section. (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. (7) Unless the Georgia Superior Court Clerks' Cooperative Authority or its designated agent has notice of an action pending relative thereto, such authority shall be authorized to archive and store the following computerized records and thereafter remove such records from the active central indexing system database: (a) All lapsed financing statements, lapsed continuation statements, or statements of amendment, assignment, or release, relating to either, one year or more after lapse, provided only if there is archived, stored, and retained (i) a microfilm or other photostatic, microphotographic, photographic, or optical image reproduction record of such database and index, and (ii) an electronic or computerized record of such database and index; or (b) All financing statements which have been terminated by the secured party of record, continuation statements, or statements of amendment, assignment, or release relating thereto, and the related termination statements, one year or more after the filing of the termination statement, provided only if there is archived, stored, and retained (i) a microfilm or other photostatic,

Page 1710

microphotographic, photographic, or optical image reproduction record of such database and index, and (ii) an electronic or computerized record of such database and index. Section 12 . Said article is further amended by adding a new Code section at the end thereof to read as follows: 11-9-409. To the extent this part requires that any financing statement, amendment, continuation statement, assignment, release, or termination statement include the social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number of the debtor, no such financing statement, amendment, continuation statement, assignment, release, or termination statement otherwise complying with the requirements of this part shall be insufficient for purposes of this article as a result of any typographical or clerical error in the social security number or Internal Revenue Service taxpayer identification number so included, or any other error in such number except where the secured party has failed to make a good faith effort to obtain an accurate number from the debtor. The secured party shall in any event be entitled to rely on the written acknowledgment of the debtor as to the accuracy of such social security number or Internal Revenue Service taxpayer identification number, or as to whether the debtor is required to have a social security number or Internal Revenue Service taxpayer identification number, and the signature by the debtor of a financing statement or amendment which includes such social security number or Internal Revenue Service taxpayer identification number or a statement as to the debtor's not being required to have a social security number or Internal Revenue taxpayer identification number, shall constitute such a written acknowledgement. The burden of establishing the failure of the secured party to make a good faith effort to obtain an accurate social security number or Internal Revenue Service taxpayer identification number from the debtor is on the person challenging the sufficiency of the financing statement, amendment, continuation statement, assignment, release, or termination statement.

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Section 13 . Article 12 of Title 11 of the Official Code of Georgia Annotated, relating to revisions to Article 9 filing, is amended by striking Code Section 11-12-101, relating to effective date, and Code Section 11-12-102, relating to transition provisions, which read as follows: 11-12-101. This article shall become effective at 12:01 A.M. on July 1, 1994. 11-12-102. (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 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., and inserting in their places the following:

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11-12-101. This article shall become effective at 12:01 A.M. on January 1, 1995. 11-12-102. (1) A financing statement or continuation statement filed prior to January 1, 1995, which has not lapsed prior to January 1, 1995, shall remain effective for the period provided in Code Section 11-9-403 as in effect immediately prior to January 1, 1995. (2) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1995, may be continued only by the filing of a continuation statement, in the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, signed by either the debtor or the secured party with the filing officer of the county where the original financing statement was filed or, if the financing statement has previously been continued, where the currently effective continuation statement was filed. If the original financing statement or currently effective continuation statement was filed in multiple counties, then such continuation statement may be filed in any of such multiple counties, except where the original financing statement or currently effective continuation 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 was filed as a fixture filing (Code Section 11-9-313), then such continuation statement must be filed in each of such counties where any of the related real estate is located. This continuation statement must contain the information required by the first sentence of subsection (1) of Code Section 11-9-402, other than a statement indicating the types, or describing the items, of collateral and the social security number or Internal Revenue Service taxpayer identification number of the debtor, and must further identify the original financing statement or currently effective continuation statement, the office where such financing statement or continuation statement was filed, and the filing number and date of filing or other recording information, and further state that the original financing statement is still effective. Except as specified in this subsection, the provisions of subsection (3) of Code Section 11-9-403 for continuation statements apply to such a statement.

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(3) Statements of amendment, assignment, release, or termination affecting original financing statements filed prior to January 1, 1995, (`transitional filings') shall be filed on the forms prescribed by the Georgia Superior Court Clerks' Cooperative Authority with the filing officer of the county where the original financing statement was filed, or if the original financing statement has previously been continued, where the currently effective continuation statement was filed. If the original financing statement or currently effective continuation statement was filed in multiple counties, then such statement of amendment, assignment, release, or termination may be filed in any one of such multiple counties, except where the original financing statement or currently effective continuation 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 was filed as a fixture filing (Code Section 11-9-313), in which event such statement of amendment, assignment, release, or termination must be filed in each of such counties where any of the related real estate is located. Each transitional filing shall identify the original financing statement or currently effective continuation statement, the office where such financing statement or continuation statement was filed, the filing number or other recording information, and identify each named debtor and secured party. Notwithstanding the requirements of subsection (2) of Code Section 11-9-405 or Code Section 11-9-406, no social security number or Internal Revenue Service taxpayer identification number of the debtor shall be required to be included in any such transitional filings. The Georgia Superior Court Clerks' Cooperative Authority shall prescribe rules and regulations, as appropriate, to govern the presentation of such transitional filings. (4) A filing which was made in good faith in an improper place or not in all of the places required by Code Section 11-9-401 as in effect prior to January 1, 1995, is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.

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(5) A filing which was made in the proper place in this state pursuant to Code Section 11-9-401 as in effect prior to January 1, 1995, continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed. (6) A continuation statement that was timely filed pursuant to subsection (8) of Code Section 11-9-403 as in effect prior to January 1, 1995, and that remains in effect as of January 1, 1995, shall continue the effectiveness of the original financing statement for the period specified in subsection (8) of Code Section 11-9-403 as in effect on January 1, 1995, provided that such continuation statement may thereafter be further continued by the filing of a subsequent continuation statement within six months prior to the expiration of the five-year period specified in subsection (8) of Code Section 11-9-403 as in effect prior to January 1, 1995, or, if such five-year period is determined to have a different duration, within six months prior to the expiration of the five-year period specified in subsection (8) of Code Section 11-9-403 as in effect on January 1, 1995. Section 14 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking paragraph (13) of subsection (a) of Code Section 15-6-61, relating to duties of clerks in general, and inserting in its place the following: (13) To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent 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 shal not be included in the calculation of the 24 hour period;.

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Section 15 . Said article is further amended by striking subsection (i) of Code Section 15-6-77, relating to filing fees of the superior courts, and inserting in its place the following: (i) No fees shall be charged for the following: (1) Recording discharge certificates of veterans, as provided in Code Section 15-6-78; and (2) Recording and certifying documents in connection with admission to practice law. Section 16 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. HEARING AID DEALERS AND DISPENSERSCONTINUING EDUCATION. Code Section 43-20-15 Amended. No. 1223 (House Bill No. 1860). AN ACT To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, so as to raise the continuing education hours required from 12 to 14; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 20 of Title 43 of the Official Code of Georgia Annotated, relating to hearing aid dealers and dispensers, is amended by striking Code Section 43-20-15, relating to continuing education requirements, and inserting in its place the following:

Page 1716

43-20-15. As a prerequisite for the renewal of a dispenser's license, the dispenser must provide proof to the board that the dispenser has successfully completed 14 hours of continuing education in a program approved by the board. The board may promulgate such rules and regulations as are necessary to implement the continuing education requirement. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. AGRICULTUREREGULATION OF HONEYBEE PRODUCTION. Code Section 2-14-4.1 Enacted. No. 1224 (House Bill No. 1861). AN ACT To amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state may regulate honeybee production or maintenance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, is amended by adding a new Code section to read as follows: 2-14-41.1. No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution prohibiting, impeding, or restricting the

Page 1717

establishment or maintenance of honeybees in hives. This Act shall not be construed to restrict the zoning authority of county or municipal governments. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. STATE GOVERNMENTCOMMUNITY SERVICE BOARDS; UNEMPLOYMENT COMPENSATION AND WORKERS' COMPENSATION FOR EMPLOYEES; INSURANCE FOR AUTOMOBILES, PROPERTY, AND EMPLOYEES; HAZARDOUS MATERIALS LIABILITY RESERVE FUND; TRANSFER INTO STATE TORTS CLAIMS TRUST FUND; CLAIMS AGAINST STATE; STATE OFFICERS AND EMPLOYEES; JOB RELATED INJURIES; RECORDS; LIABILITY OF INSURERS. Code Sections 34-8-35, 34-9-1, 45-9-1, 45-9-4, 45-9-110, 50-21-22, and 50-21-26 Amended. Code Sections 45-9-40.1, 50-5-51.1, 50-16-11.1, 50-21-24.1, and 50-21-37 Enacted. No. 1225 (House Bill No. 1921). AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employment with respect to unemployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for insurance with respect to community service boards; to authorize methods of and procedures for certain self-insurance; to change certain provisions relating to the purchase of certain insurance or indemnity contracts; to provide for a transfer of funds; to provide for automobile liability coverage for community service boards, county departments of health, and county

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departments of family and children services; to provide for unemployment compensation benefits for community service boards, county departments of health, and county departments of family and children services; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for commercial fidelity bonds for community service boards, county departments of health, and county departments of family and children services; to provide for commercial property policies for community service boards; to change certain definitions regarding tort claims against the state; to provide that workers' compensation shall be the exclusive remedy for certain claims against the state by state employees; to provide for waivers of confidentiality with respect to certain records relating to claims against the state; to provide for limitations and enforcement proceedings in connection therewith; to provide for additional confidentiality in connection therewith; to provide for and regulate hold harmless and indemnification agreements; to provide for liability limits and reimbursement in connection therewith; to prohibit certain insurance policy provisions in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (h) of Code Section 34-8-35, relating to definitions regarding unemployment compensation, and inserting in its place a new subsection (h) to read as follows: (h) The term `employment' shall include service performed in the employ of this state or any of its instrumentalities or any political subdivision of this state or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions, provided that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from `employment' under paragraph (3) of subsection (j) of this Code section.

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Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165. For the purposes of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 and employees of the community service boards established under Chapter 2 of Title 37 are deemed to be employees of this state. Section 2 . Said title is further amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions regarding workers' compensation, and inserting in its place a new paragraph (2) to read as follows: (2) `Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All fire-fighters, 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 fire-fighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited

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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 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 and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. 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

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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 not 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 before January 1, 1993, to provide workers' compensation benefits to such individuals. Section 3 . Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking subsection (c) of Code Section 45-9-1, relating to general provisions regarding such insuring or indemnification, and inserting in its place a new subsection (c) to read as follows: (c) For the purpose of this article, the term `agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall

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be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources must designate a central office which will be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. Section 4 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 45-9-4, relating to the purchase of certain insurance or indemnity contracts, and inserting in their place new subsections (a) and (b) to read as follows: (a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the commissioner shall establish and maintain a reserve

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fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall invest any such moneys in the same manner as other moneys in the commissioner's possession. (b) On the effective date of this Act, the commissioner of the Department of Administrative Services shall transfer all funds from the Hazardous Materials Liability Reserve Fund into the State Tort Claims Trust Fund established pursuant to Article 2 of Chapter 21 of Title 50. Section 5 . Said chapter is further amended by adding a new Code section immediately following Code Section 45-9-40, to be designated Code Section 45-9-40.1, to read as follows: 45-9-40.1. The Department of Administrative Services is authorized to provide automobile liability coverage to community service boards through the automobile policy of insurance provided for in Code Section 45-9-40 or through a separate business automobile liability policy. These policies will provide coverage to employees of county departments of health, county departments of family and children services, and community service boards, up to the limit specified in the policy, for protection from liability for damages arising out of the operation of any state owned or leased vehicle when such boards use these vehicles in the course of their employment. The commissioner of administrative services may provide the coverages, with the cost of such insurance being allocated to such boards and departments in accordance with the allocation formula provided for in Code Section 45-9-43 or by allocating the actual cost of the business automobile liability policy to such boards and departments. The Department of Human Resources must provide a central office to coordinate the collection of underwriting data and premiums as required in subsection (c) of Code Section 45-9-1. Section 6 . Said chapter is further amended by adding a new subsection at the end of Code Section 45-9-110, relating to consolidation of unemployment compensation claims, to be designated subsection (d) to read as follows:

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(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program. Section 7 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section immediately following Code Section 50-5-51, to be designated Code Section 50-5-51.1, to read as follows: 50-5-51.1. The commissioner of administrative services may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards the purchase of commercial fidelity bonds for officials, officers, and employees of such boards and departments. The payment of the premium to the commercial fidelity carrier will be the responsibility of such county departments of health, county departments of family and children services, and community service boards. Section 8 . Said title is further amended by adding a new Code section immediately following Code Section 50-16-11, to be designated Code Section 50-16-11.1, to read as follows: 50-16-11.1. The Department of Administrative Services is authorized to assist and coordinate the purchase of a commercial property policy for coverage for the buildings, contents, and other property owned by community service boards. The payment of the premium to the commercial

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carrier shall be the responsibility of the community service boards. Section 9 . Said title is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 50-21-22, relating to definitions regarding tort claims against the state, to be designated paragraph (3.1), to read as follows: (3.1) `Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. Section 10 . Said title is further amended by striking paragraph (7) of Code Section 50-21-22, relating to definitions regarding tort claims against the state, and inserting in its place a new paragraph (7) to read as follows: (7) `State officer or employee' means officer or employee of the state, elected or appointed officials, law enforcement officers, and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, but the term does not include an independent contractor doing business with the state. The term state officer or employee also includes any natural person who is a member of a board, commission, committee, task force, or similar body established to perform specific tasks or advisory functions, with or without compensation, for the state or a state government entity, and any natural person who is a volunteer participating as a volunteer, with or without compensation, in a structured volunteer program organized, controlled, and directed by a state government entity for the purposes of carrying out the functions of the state entity. An employee shall also include foster parents and foster children. The term shall not include a corporation whether for profit or not for profit, or any private firm, business proprietorship, company, trust, partnership, association, or other such private entity. Section 11 . Said title is further amended by adding a new Code section immediately following Code Section 50-21-24, to be designated Code Section 50-21-24.1, to read as follows:

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50-21-24.1. This act does not waive the workers' compensation exclusive remedy when state employees are injured on the job. The workers' compensation fund shall pay claims for job related injuries and not the State Tort Claims Trust Fund. Section 12 . Said title is further amended by adding new subsections at the end of Code Section 50-21-26, relating to notice of claim against the state, to be designated subsections (c) and (d), to read as follows: (c) The Department of Administrative Services shall have the authority to examine and copy any records of any state government entity to facilitate the investigation of a claim. Each state government entity shall make available to the Department of Administrative Services, incidental to any investigation of a claim, all such records notwithstanding any other provision of law which designates such records as confidential or which prohibits disclosure of such records; provided, however, that the Department of Administrative Services shall be bound by such provision of law and shall not make further disclosure of such records except as permitted by such provision of law. The Department of Administrative Services may enforce the authority granted under this subsection by subpoena which may be enforced, upon application by the department, by the Superior Court of Fulton County, Georgia, in the same manner as subpoenas issued under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' may be enforced. (d) Any document or information gathered or prepared by the Department of Administrative Services in connection with the investigation undertaken as a result of the notice of claim shall be considered privileged and confidential and shall not be subject to discovery by any claimant in any proceeding under this article except as otherwise provided by law.

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Section 13 . Said title is further amended by adding a new Code section immediately following Code Section 50-21-36, to be designated Code Section 50-21-37, to read as follows: 50-21-37. (a) If a state government entity enters into or is the beneficiary of any agreement under which a third party agrees to hold a state government entity or the State Tort Claims Trust Fund harmless or to indemnify a state govenment entity or the State Tort Claims Trust Fund, or to provide insurance for those purposes, then the third party or the insurer, as the case may be, shall be liable to the State Tort Claims Trust Fund in accordance with such agreement or contract of insurance, for reimbursement of the amount of any disbursements from the State Tort Claims Trust Fund in satisfaction of any liability, whether established by judgment or settlement in accordance with this article, to the extent of the hold harmless obligation or requirement to procure insurance undertaken under such agreement or contract of insurance obtained pursuant to such agreement. The liability limits specified under Code Section 50-21-29 shall not be increased by the existence of hold harmless or indemnity obligations in such contractual agreements or by the obligation to procure insurance for such purposes or by the limits set forth in any such contractual agreement or contract of insurance procured pursuant thereto. (b) No policy of insurance shall be delivered in this state which negates the provisions of this Code section or which provides that the limits of the policy are excess over amounts payable from the State Tort Claims Trust Fund under this Code section. 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 19, 1994.

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DOMESTIC RELATIONSACCIDENT AND SICKNESS COVERAGE FOR CHILDREN; CHILD SUPPORT; ISSUANCE AND RENEWAL OF PROFESSIONAL, BUSINESS, OR OCCUPATIONAL LICENSES TO PERSONS NOT COMPLYING WITH CHILD SUPPORT ORDERS; JOINT STUDY COMMITTEE ON CHILD SUPPORT CREATED; REGULATION OF INSURERS RELATIVE TO HEALTH COVERAGE, MEDICAID, AND DEPENDENT CHILDREN. Code Sections 19-6-5, 19-11-26, and 19-11-27 Amended. Code Sections 19-11-28 through 19-11-31 and 33-24-55 Enacted. No. 1226 (House Bill No. 1515). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sickness insurance coverage for children; to provide a rebuttable presumption; to provide for written findings; to provide for enforcement of accident and sickness insurance coverage for children and notice to employers; to provide for notice of coverage and authorization of payments of benefits; to provide for notice of termination; to provide for liability; to provide for a penalty; to limit the issuance of renewal of licenses and other authorizations to engage in professions, businesses, or occupations to persons who are not in compliance with orders for child support; to provide for definitions; to provide for lists of persons who are not in compliance, for the issuance of such lists to certain licensing boards, and for determinations regarding the issuance of temporary licenses; to provide for temporary licenses and notices, hearings, and administrative and judicial review relating thereto; to provide for releases; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for a report; to provide for responses to certain inquiries; to provide for regulations; to provide for the Joint Study Committee on Child Support and its membership, appointment, organization, powers, duties, compensation, reports, and abolition; to provide for automatic repeal; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to

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the regulation of insurance in general, so as to implement federal requirements that health insurance coverage shall be available for certain dependents; to provide for the rights of the state where payments are made on behalf of certain persons; to provide for health coverage secured through a noncustodial parent; to provide requirements for insurers in cases of orders to provide health coverage; to prohibit insurers from certain actions; to provide for coverage of adopted children or children placed for adoption; 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 by striking Code Section 19-6-15, relating to child support in final verdict or decree of divorce, and inserting in lieu thereof the following: 19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at reasonable costs through employment-related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at reasonable costs through employment-related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obligor contribute as part of the child support order such part of the cost of providing such insurance or

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such part of any medical expenses incurred on behalf of the child or children not covered by such insurance as the court may deem equitable or appropriate. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section. (b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross income; (2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance; (3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income; (4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor,

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or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and (5) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of gross income to be considered by the trier of fact are: Number of Children Percentage Range of Gross Income 1 17 percent to 23 percent 2 23 percent to 28 percent 3 25 percent to 32 percent 4 29 percent to 35 percent 5 or more 31 percent to 37 percent Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the amount of support that would have been required under the guidelines and include justification of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial. (c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:

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(1) Ages of the children; (2) A child's medical costs or extraordinary needs; (3) Educational costs; (4) Day-care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum); (12) Historical spending in the family for children which varies significantly from the percentage table; (13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact; (14) In-kind contribution of either parent; (15) The income of the custodial parent; and

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(16) The cost of accident and sickness insurance coverage for dependent children included in the order. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Committee and Senate Special Judiciary Committee during the 1991 regular session of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines. (e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered. (f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be

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applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances. Section 2 . Said title is further amended by striking Code Section 19-11-26, relating to accident and sickness insurance coverage for children, and inserting in lieu thereof the following: 19-11-26. (a) In all cases involving the assignment and collection of child support, or where medical assistance benefits are being provided, the department or court may determine, as a regular part of its investigation and inquiry, whether accident and sickness coverage for the child or children involved is reasonably available to an obligor of support at a reasonable cost in connection with the obligor's employment or union. For purposes of this article, the term `person or entity providing access to coverage' shall mean an employer or union which offers a group insurance plan, as defined in Section 607(b) of the federal Employee Retirement Income Security Act of 1974, a health maintenance organization or a service benefit plan, or any other policy of health insurance under Title 33. If it is determined that such coverage is reasonably available in connection with the obligor's employment or union, the department is authorized to petition for modification of any existing order of support to include the provision of such coverage, to intervene in any pending action to have such coverage included, or to include the request for such coverage in any action brought by the department. (b) Upon petition by the department to have accident and sickness insurance coverage included, any court or administrative hearing officer having jurisdiction over the matter may include the provision of medical support in any order of support it may enter, if such medical support is found to be available to the obligor in connection with his or her employment or union at a reasonable cost consistent with subsection (a) of this Code section. (c) Any order requiring medical support under this Code section shall contain language notifying the support

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obligor that failure to provide accident and sickness insurance coverage may result in direct enforcement of the order. Any order of medical support entered or modified prior to April 1, 1994, shall be construed as a matter of law to contain this notice. (d) Any order requiring medical support under this Code section shall remain in effect until: (1) A further order of the court or hearing officer; (2) The child is emancipated, if there is no express language to the contrary in the order; or (3) Coverage is no longer available and no conversion privileges exist at a reasonable cost to continue coverage beyond the termination date of the policy. (e) Any order requiring medical support under this Code section shall not require a plan to provide any type or form of benefit, or any option not otherwise provided under the plan, except to the extent necessary to meet the requirements of this Code section. Section 3 . Said title is further amended by striking Code Section 19-11-27, relating to confidentiality of information and records, and inserting in lieu thereof the following: 19-11-27. (a) Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Medical Assistance, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the department, the Department of Medical Assistance, or the other party. (b) Upon failure of a support obligor to obtain accident and sickness insurance coverage as ordered, or upon the lapse of coverage required to be provided, the department,

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the Department of Medical Assistance, or the other party may send a notice of enrollment by certified mail, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. Upon receipt of a notice of enrollment, any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall immediately undertake to provide such coverage as specified in the notice of enrollment. Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall be deemed authorized to execute any document for the obligor in order to establish coverage. If more than one insurance plan is available, coverage shall be established under the obligor's existing plan cannot or a previously existing plan where possible. If coverage under the obligor's existing plan or a previously existing plan cannot be established, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall establish coverage under the least expensive plan otherwise available. (c) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall withhold from the obligor's income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Consumer Credit Protection Act, as amended. (d) Upon receipt of a notice of enrollment, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall notify the person or entity sending the notice of enrollment within 30 business days whether: (1) Enrollment in an accident and sickness insurance plan has occurred; or (2) Enrollment cannot be established, stating the reasons why coverage is not available.

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Section 4 . Said title is further amended by adding at the end of Article 1 of Chapter 11 four new Code sections to read as follows: 19-11-28. (a) Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall furnish to the person or entity sending the notice of enrollment the name of the accident and sickness insurance coverage provider, the extent of coverage available, and any necessary claim forms or enrollment membership cards necessary to obtain benefits. (b) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy. (c) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy. (d) Within ten business days after termination of a policy of accident and sickness insurance established pursuant to Code Section 19-11-27, the person or entity providing access to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment. (e) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section 19-11-27.

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(f) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plan's obligation. 19-11-29. (a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligor's employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an accident and sickness insurance plan under an order of medical support or a notice of enrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-27. (b) Insurers shall not deny enrollment of a child under subsection (a) of this Code section in a parent's health insurance coverage on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area. (c) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for the disenrollment by the employee, or elimination of coverage of the child, unless the employee provides written proff that the child has been enrolled or will be enrolled in comparable insurance coverage, with the coverage to take effect no later than the effective date of disenrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) of Code Section 19-11-26. (d) The department may recover the civil penalty provided for in this Code section by civil action or pursuant to any remedy otherwise available for the enforcement of court orders. 19-11-30. Information and records obtained by the department pursuant to any provision of this article or Title

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IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. 19-11-31. (a) There is created the Joint Study Committee on Child Support. The committee shall be composed of 14 members. Seven of such members shall be appointed by the President of the Senate, four of whom shall be members of the Senate. Seven of such members shall be appointed by the Speaker of the House of Representatives, four of whom shall be members of the House of Representatives. The President of the Senate shall designate as cochairperson one of the four members of the Senate who is a member of the committee and the Speaker of the House of Representatives shall designate as cochairperson one of the four members of the House who is a member of the committee. The members of the committee who are not members of the General Assembly shall be persons with a recognized interest in the issues of child support. Either chairperson shall call the meetings of the committee. (b) The committee created by this Code section shall undertake a study of all of the issues relating to child support 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 Code section. 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 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 House of Representatives. 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, 1994. The committee shall

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stand abolished on December 1, 1994, and this Code section shall be automatically repealed on January 1, 1995. Section 5 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance in general, is amended by adding a new Code section to read as follows: 33-24-55. (a) Any health insurer under this title, including a group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security Act of 1974, is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. 1396(a), Section 1902 of the Social Security Act, herein referred to as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders, or certificate holders. (b) To the extent that payment for covered expenses has been made under the state Medicaid program for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. (c) An insurer shall not deny enrollment of a child under the health plan of the child's parent on the ground that the child was born out of wedlock, is not claimed as a dependent on the parent's federal income tax return, or does not reside with the parent or in the insurer's service area. (d) Where a child has health coverage under this title through an insurer of a noncustodial parent, the insurer shall: (1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage; (2) Permit the custodial parent or the provider, with the custodial parent's approval, to submit claims for covered

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services without the approval of the noncustodial parent; and (3) Make payments on claims submitted in accordance with paragraph (2) of this subsection directly to the custodial parent, the provider, or the state Medicaid agency. (e) Where a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage, the insurer shall be required: (1) To permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions; (2) If the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under the family coverage upon application of the child's other parent, the state agency administering the Medicaid program, or the state agency administering 42 U.S.C. Sections 651 through 669, the child support enforcement program; and (3) Not to disenroll or eliminate coverage of any child unless the insurer is provided satisfactory written evidence that: (A) The court or administrative order is no longer in effect; or (B) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment. (f) An insurer may not impose requirements on a state agency which has been assigned the rights of an individual eligible for medical assistance under Medicaid and covered for health benefits from the insurer that are different from

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requirements applicable to an agent or assignee of any other individual so covered. (g) In any case in which a group health insurance plan provides coverage for dependent children of participants or beneficiaries, the plan shall provide benefits to dependent children placed with participants or beneficiaries for adoption under the same terms and conditions as apply to the natural, dependent children of the participants and beneficiaries, irrespective of whether the adoption has become final. (h) A group health plan may not restrict coverage under the plan for any dependent child adopted by a participant or beneficiary, or placed with a participant or beneficiary for adoption, solely on the basis of a preexisting condition of the child at the time that the child would otherwise become eligible for coverage under the plan, if the adoption or placement for adoption occurs while the participant or beneficiary is eligible for coverage under the plan. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. GAME AND FISHWILD ANIMALS; PERMITS; INSURANCE FOR ANIMALS INHERENTLY DANGEROUS TO PEOPLE; PROGENY; CONDITIONS FOR LICENSES; FEE-EXEMPT PERMITS; RELEASE. Code Sections 27-1-2, 27-5-4, 27-5-5, and 27-5-7 Amended. No. 1227 (House Bill No. 1541). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to clarify the definition of alligator and wild animal; to require certain conditions

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to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals; to expand the list of wild animals for which a license or permit is required; to provide for permits to be issued to persons possessing wild animals not previously regulated; to prohibit the release of any wild animal; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, is amended by striking in their entireties paragraphs (1.1) and (75) of Code Section 27-1-2, relating to definitions relative to game and fish, and inserting in lieu thereof, respectively, the following: (1.1) `Alligator' means Alligator mississippiensis, commonly known as the American alligator. (75) `Wild animal' means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. Section 2 . Said title is further amended by striking in its entirety Code Section 27-5-4, relating to inherently dangerous animals, and inserting in lieu thereof the following: 27-5-4. (a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the

Page 1744

department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter. (b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purposes or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state. (c) It shall be unlawful for any person to sell, transfer, deliver, or surrender a wild animal listed in Code Section 27-5-5 or specified by the board by regulation to any other person unless that other person holds a license or permit issued pursuant to this chapter for such wild animal or is exempt from the requirement for such a permit or license by the provisions of subsection (d) of this Code section. (d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission to import or transport any wild animal. (e) Any licenses issued by the department to any person for public exhibition purposes shall be conditioned so that the person operating a wild animal exhibition in a nontraveling,

Page 1745

fixed facility shall make the facility open to the public for a time no less than 30 hours per week for at least six months each year; and the person operating a wild animal exhibition in a transient facility shall make the facility open to the public for a reasonable period of time and for reasonable hours of the day, depending upon the nature of the exhibition. The department is authorized to issue such licenses in accordance with this chapter requiring adequate facilities for the humane handling, care, and confinement of wild animals and ensuring public safety. Notwithstanding any other provision of this title, exhibitions of wild animals by federal, state, city, county, or municipal governments or their agencies and transient circuses, which circuses can demonstrate to the satisfaction of the department that 10 percent of the proceeds from such exhibitions shall be devoted to charitable purposes in this state, shall not be required to purchase a wild animal license but shall be required to obtain the license, at no charge, from the department; provided, however, all other provisions of this chapter and all regulations relating to the humane handling, care, and confinement of wild animals must be complied with. (f) Except as otherwise provided in this chapter, a wild animal license or permit is required for the possession of any wild animal listed in subsection (b) of Code Section 27-5-5 or as required by regulation of the board. Liability insurance is required for the possession of any wild animal that is classified as being inherently dangerous to people in subsection (a) of Code Section 27-5-5 or as required by regulation of the board. Prior to the issuance of a wild animal license or permit for animals classified as being inherently dangerous to people, any applicant other than a governmental agency or university research facility must provide proof of liability insurance from a company licensed to do business in this state or an unauthorized insurer if permitted by Chapter 5 of Title 33. Such insurance must be maintained in force and effect and cover claims for injury or damage to persons or property in an amount equal to $40,000.00 for each inherently dangerous animal up to a maximum of $500,000.00. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company.

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Liability insurance is not required for wild animals that are not considered to be inherently dangerous to people. (g) Any license or permit issued in accordance with this chapter shall be valid only for the species and numbers of wild animals referenced on the application and the license or permit. The license or permit to hold a female wild animal shall cover her progeny only while the progeny are physically dependent upon her or until her progeny are two months of age, whichever period is longer. It shall also be unlawful to transfer any license or permit issued by the department from one person to another person. (h) It shall be unlawful for any person holding a license or permit issued pursuant to this chapter to import, transport, sell, transfer, or possess any wild animal in facilities not approved by the department as described in Code Section 27-5-6. (i) In the event that a determination has been made to revoke, suspend, deny, or refuse to renew any license or permit issued pursuant to this chapter, the applicant for the license or permit may appeal the determination according to the provisions stated in Code Section 27-2-25. (j) It shall be unlawful for any person holding a license or permit pursuant to this chapter to import, purchase, transport, sell, or transfer any wild animal and fail to record in a record book, within 24 hours after the completion of such a transaction, the date, place, manner, and names and addresses of all persons involved in such a transaction. It shall also be unlawful to fail to maintain such records for a period of 12 months or to fail to provide the department access to such records during all regular business hours. (k) Wild animal licenses shall not be issued unless the following conditions are met: (1) The applicant must be at least 18 years of age; (2) Applicants requesting a license for mammals must obtain a license from the Animal and Plant Health

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Inspection Service of the United States Department of Agriculture or provide written documentation that the applicant is exempt from such requirements; (3) Applicants must submit documentation verifying that the proposed construction of facilities and the holding of wild animals is not prohibited by county or municipal ordinances; (4) The applicant must obtain required business licenses; and (5) Facilities for holding or exhibiting wild animals must be completely separated from a residence and meet specifications for humane handling, care, and confinement as provided in Code Section 27-5-6. Section 3 . Said title is further amended by striking in its entirety Code Section 27-5-5, which reads as follows: 27-5-5. Except as provided in this Code section, a license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regulation of the board pursuant to either Code section: (1) Class Mammalia: (A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.)All species, except that a European ferret (Mustela putorius furo) may be held as a pet without a license or permit; provided, however, that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a vaccine approved for use on ferrets by the United States Department of Agriculture and administered in accordance with the manufacturer's recommendations; and provided, further, that the owner of a ferret held as a pet is able to provide documentation that said ferret has been neutered and vaccinated as specified in this subparagraph; (B) Order Proboscidae (elephants)All species;

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(2) Class Osteichthyes (bony fish): (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): (i) Astyanax faciatus (banded tetra); (ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas)All species; (B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass carp, orfe, etc.): (i) Ctenopharyngodon idella (grass carp); (ii) Hypophthal-michthys molitrix (silver carp); (iii) Aristichthys nobilis (bighead carp); (C) Order Siluriformes: (i) Family Clariidae (air-breathing catfishes)All species; (ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and UrinophilusAll species; (iii) Family Heteropneustidae (giant walking catfishes): Genus HeteropneustesAll species; (D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and ChannaAll species; (3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (freshwater stingray)All species;

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(4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, `aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Environmental Protection Division of the department. For purposes of this paragraph, exotic fish are all fish species not native to Georgia. This paragraph shall not apply to any species of fish regulated by any other chapter of this title; (5) All other wild animals specified by regulation of the board., and inserting in lieu thereof the following: 27-5-5. (a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4: (1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (Kangaroos)All species; (B) Order Primates: (i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas)All species; (ii) Family Cercopithecidae: (I) Genus Macaca (macaques)All species; (II) Genus Papio (mandrills, drills, and baboons)All species;

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(III) Theropithecus gelada (Gelada baboon); (C) Order Carnivora: (i) Family Canidae: (I) Genus Canis (wolves, jackals, and dingos); all species; except that any person possessing hybrid crosses between wolves and domestic animals on July 1, 1994, shall have until July 1, 1995, to apply for a fee-exempt permit to possess these animals as pets; provided, however, that the said hybrid is sexually neutered; provided, further, that it shall be unlawful to transfer possession or ownership of said hybrid without prior written approval from the department. Liability insurance shall not be mandatory for wolf hybrids possessed under this fee-exempt permit; (II) Chrysocyon brachyurus (maned wolf); (III) Cuon alpinus (red dog); (IV) Lycaon pictus (African hunting dog); (ii) Family Ursidae (bears)All species; (iii) Family MustelidaeGulo gulo (wolverine); (iv) Family Hyaenidae (hyenas)All species; (v) Family Felidae: (I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards)All species;

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(II) Unica unica (snow leopard); (III) Acinonyx jubatus (cheetah); (IV) Felis concolor (cougar)All subspecies; (D) Order Proboscidae: Family Elephantidae (elephants)All species; (E) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses)All species; (F) Order Artiodactyla: (i) Family SuidaePhacochoerus aethiopicus (wart hog); (ii) Family HippopotamidaeHippopotamus amphibius (hippopotamus); (iii) Family Bovidae: (I) Genus Taurotragus (elands)All species; (II) Boselaphus tragocamelus (nilgais); (III) Bos sauveli (kouprey); (IV) Syncerus caffer (African buffalo); (V) Hippotragus niger (sable); (VI) Oryx gazella (gemsbok); (VII) Addax nasomaculatus (addax); (VIII) Genus Alcelaphus (hartebeests)All species;

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(IX) Genus Connochaetes (gnu, wildebeest)All species; (2) Class Reptilia: (A) Order Crocodylia: (i) Family Crocodylidae (crocodiles, gavials, etc.)All species; (ii) Family Alligatoridae(alligators and caimans)All species; (B) Order Squamata: (i) Suborder Serpentes: (I) Family Elapidae (cobras, coral snakes, etc.)All species; (II) Family Viperidae (adders, vipers, etc.)All species; (III) Family ColubridaeAll poisonous rear-fanged species (Opisthoglypis); (IV) Family Crotalidae (pit vipers)All species; (ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded lizards)All species; (3) Class Osteichthyes: (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas)All species;

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(B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and UrinophilusAll species; and (4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (freshwater stingray)All species. (b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board: (1) Class Mammalia: (A) Order Marsupialia (oppossum, wallabies, etc.)All species; (B) Order Insectivora (shrews, moles, etc.)All species; (C) Order Dermoptera (flying lemurs)All species; (D) Order Chiroptera (bats)All species; (E) Order Primates (monkeys, apes, etc.)All species except Family Hominidae; (F) Order Edentata (sloths, armadillos, etc.)All species; (G) Order Pholidota (pangolins or scaly anteaters)All species; (H) Order Lagomorpha (rabbits, hares, etc.)All species except Genus Oryctolagus; or any other normally domesticated species; (I) Order Rodentia (rats, mice, etc.)All species except Genus Cavia; Genus Gerbillus; Genus Mesocricetus; Mus musculous; Rattus rattus; Rattus

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norvegicus; or any other normally domesticated species; (J) Order Cetacea (whales, dolphins, etc.)All species; (K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.)All species, except that a European ferret (Mustela putorius furo) may be sold, purchased, exhibited, or held as a pet without a license or permit; provided, however, that the ferret owner can provide valid documentation that the ferret was sexually neutered prior to seven months of age and is vaccinated against rabies with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture; (L) Order Tubulidentata (aardavark)All species; (M) Order Proboscidea (elephants)All species; (N) Order Hyracoidea (conies)All species; (O) Order Sirenia (manatees, dugong)All species; (P) Order Perissodactyla (odd-toed ungulates)All species; (Q) Order Artiodactyla (even-toed ungulates)All species except Bison bison (buffalo) and Llama guanicoe, L. glama, and L. pacos (llamas), elks and red deer; (2) Class Aves: (A) Order Falconiformes (hawks, eagles, vultures, etc.)All species except that persons possessing a federal falconry license shall be allowed to possess

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birds in the Order Falconiformes without obtaining a wild animal license; (B) Order Galliformes: Family Meleagrididae (turkeys)All species not normally domesticated; (C) Order Psittaciformes: Myiopsitta monachus (monk parakeet); (D) Order Cuculiformes: Family Cuculidae (cuckoos)All species; (E) Order Strigiformes (owls)All species; (F) Order Passeriformes: (i) Family Alaudidae (larks): Alauda arvensis (sky larks); (ii) Family Pycnonotidae (bulbuls)All species; (iii) Family Muscicapidae (thrushes, blackbirds, fieldfare, etc.): Genus TurdusAll species; (iv) Family Zosteropidae (white eyes): Genus ZosteropsAll species; (v) Family Emberizidae (buntings, etc.): Emberiza citrinella (yellow hammer); (vi) Family Ploceidae (sparrows, weavers, queleas, weaver finches, etc.): (I) Genus PasserAll species except Passer domesticus (English house sparrow); (II) Ploceus capensis (cape weaver); (III) Ploceus philippinus (Baya weaver); (IV) Genus QueleaAll species;

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(vii) Family Icteridae (blackbirds, grackles, orioles, etc.): Genera Molothrus, Quiscalus, and AgelaiusAll species; (viii) Family Estrildidae (waxbills, ricebirds, munias, weaver finches, etc.): Padda oryzivora (Java sparrow); (ix) Family Sturnidae (starlings, mynas, etc.)All species except Sturnus vulgaris (starling) and Gracula religiosa (Hill mynas); (x) Family Corvidae (crows, ravens, etc.)All species; (3) Class Amphibia (Order Anura): (A) Family Bufonidae (toads): Bufo marinus, Bufo paracnemis, Bufo horribilis (giant or marine toad group); (4) Class Osteichthyes (bony fish): (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): (i) Astyanax faciatus (banded tetra); (ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas)All species; (B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass carp, grass carp, orfe, etc.): (i) Ctenopharyngodon idella (grass carp); (ii) Hypophthalmichthys molitrix (silver carp); (iii) Aristichthys nobilis (bighead carp);

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(C) Order Siluriformes: (i) Family Clariidae (air-breathing catfishes)All species; (ii) Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and UrinophilusAll species; (iii) Family Heteropneustidae (giant walking catfishes): Genus HeteropneustesAll species; (D) Order Perciformes (Suborder Channoidei) Family Channidae (snakeheads): Genera Ophicephalus and ChannaAll species; (5) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray)All species; and (6) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, `aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Environmental Protection Division of the department. For purposes of this paragraph, exotic fish are all fish species not native to Georgia. This paragraph shall not apply to any species of fish regulated by any other chapter of this title. (c) Any person who on July 1, 1994, possessed a wild animal for which a license or permit was not required prior to July 1, 1994, shall have until January 1, 1995, to apply for a fee-exempt permit, provided that the requirements of this chapter relating to insurance and humane handling, care, and confinement of wild animals are met. Such permits shall only be valid for wild animals possessed prior to July 1, 1994, and shall not authorize breeding, importation, sale, or

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transfer without specific authorization from the department. Section 4 . Said title is further amended by striking in its entirety Code Section 25-5-7, relating to the release of wild animals from captivity, and inserting in lieu thereof the following: 27-5-7. It shall be unlawful for any person to release from captivity any wild animal as defined in paragraph (75) of Code Section 27-1-2 or to import, transport, sell, transfer, or possess such a wild animal in such a manner so as to cause its release or escape from captivity. In the event a person imports, transports, sells, transfers, or possesses a wild animal in such a manner so as to pose a reasonable possibility that such wild animal may be released accidentally or escape from captivity, the department may revoke the license or permit, or both, of such person pursuant to the procedure set forth in Code Section 27-2-25. 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 19, 1994. FIRE PROTECTION AND SAFETYLOCAL FIRE DEPARTMENTS; EXEMPTIONS. Code Section 25-3-6 Amended. No. 1228 (House Bill No. 1570). AN ACT To amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to provide for exemptions; 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 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, is amended by striking Code Section 25-3-6, relating to the effect of powers and duties of fire departments on powers and duties of law enforcement agencies, in its entirety and inserting in lieu thereof a new Code Section 25-3-6 to read as follows: 25-3-6. This article shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the state fire marshal, the sheriff's office, the Department of Public Safety, local law enforcement agencies, the Department of Agriculture, the Department of Natural Resources, the Georgia Forestry Commission, the Department of Transportation, the Department of Defense, or the Department of Human Resources. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. REGISTERED INTERIOR DESIGNERSWAIVER OF EXAMINATION REQUIREMENTS. Code Section 43-4-32 Amended. No. 1229 (House Bill No. 1637). AN ACT To amend Code Section 43-4-32 of the Official Code of Georgia Annotated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-4-32 of the Official Code of Georgia Annotated, relating to certificates of registration for registered interior designers, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) The examination requirement and education requirement specified in paragraph (4) of subsection (b) of this Code section shall be waived by the board until June 30, 1996, for any applicant who provides proof satisfactory to the board that the applicant has been an interior designer for at least ten years immediately prior to the date of the application and who: (1) Provides proof of having passed the entire examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; or (2) Has a four-year degree conferred by a college or university and who passes an examination approved by the board on life safety and accessibility codes, which examination is passed after January 1, 1990, and prior to the application for a certificate of registration. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994.

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SEED ARBITRATION COUNCILCREATED; NOTICE TO SEED BUYER; COMPLAINTS; FEES; RECOMMENDATIONS; MEMBERS; HEARINGS; INVESTIGATIONS; RULES AND REGULATIONS. Code Title 2, Chapter 11, Article 4 Enacted. No. 1230 (House Bill No. 1641). AN ACT To amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to provide for a Seed Arbitration Council; to provide for legislative intent; to provide for definitions; to provide for notices; to provide for the filing of complaints and filing fees; to provide for the makeup of the council; to provide for terms and compensation; to provide for hearings, investigations, findings, reports, and recommendations; to provide for rule-making powers; 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 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by adding a new article to read as follows: ARTICLE 4 2-11-70. (a) The intent and purpose of this article is to provide a method for assisting farmers, persons purchasing seed, and persons selling seed in determining the validity of complaints of seed purchasers against seed sellers relating to the quality and performance of the seed by establishing a committee to investigate, hold informal hearings, make findings, and render recommendations in the nature of arbitration proceedings where damages suffered by seed purchasers are caused by the alleged failure of the seed to perform as represented or to conform to the description on the labeling thereof as required by law.

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(b) In order to effectuate the intent and purpose set out in subsection (a), there is created the `Seed Arbitration Council.' 2-11-71. As used in this article, the term: (1) `Commissioner' means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state. (2) `Council' means the Seed Arbitration Council. (3) `Person' means an individual, firm, partnership, corporation, or company. (4) `Purchaser' means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter. (5) `Seller' means any person who sells seed, including but not limited to, the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation. 2-11-72. (a) At the time of purchase, language setting forth the requirement for filing a complaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed. (b) Such language shall be in addition to the labeling requirements specified in Code Section 2-11-22 and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner. (c) If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section 2-11-73. 2-11-73. (a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural,

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flower, tree, shrub, or vegetable seed to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail. (b) A filing fee of $75.00 shall be paid to the Commissioner with each complaint filed. Such fee shall be recovered from the seller upon recommendation of the Seed Arbitration Council. (c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint. Upon receipt, the Commissioner shall send a copy of the response to the purchaser by registered or certified mail. (d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint. (e) Upon receipt of findings and recommendations of the Seed Arbitration Council, the Commissioner shall transmit said items to the purchaser and seller by registered or certified mail. (f) The purchaser and seller shall give written notice to the Commissioner of the acceptance or rejection of the council's recommendations within 30 days of the date the decision is mailed to the purchaser and seller. 2-11-74. (a) The Seed Arbitration Council shall be composed of five members. One member and one alternate

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shall be appointed upon the recommendation of each of the following individuals: (1) The director of the Cooperative Extension Service of the University of Georgia; (2) The director of the experiment stations of the College of Agriculture of the University of Georgia; (3) The president of the Georgia Farm Bureau Federation; (4) The president of the Georgia Seedmen's Association; and (5) The Commissioner of Agriculture. (b) Each member and each alternate shall continue to serve until a replacement has been recommended by their appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate. (c) The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. (d) The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner. (e) Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization. 2-11-75. (a) Upon receipt of a seed buyer complaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint.

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(b) Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed purchaser filing the complaint, such determination to be made by the chairperson. (c) The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings. (d) In conducting its investigation, the council, in addition to other activities deemed necessary, is authorized to: (1) Examine the purchaser on the use of the seed of which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed alleged to be faulty; (2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary; (3) Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may participate directly in the proceeding; and (4) Seek evaluations from authorities in allied disciplines when deemed necessary. (e) Any investigation made by less than all of the councilmembers shall be by authority of a written directive by the chairperson and such investigation shall be summarized in writing and considered by the council in reporting its findings and recommendations. (f) The Attorney General shall provide legal services for the council. 2-11-76. (a) After completion of the informal hearing by the council, a report of findings and recommendations

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shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following: (1) That no action be taken; (2) That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice; (3) That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or (4) Such other recommendation found by the council to be fair and equitable to the parties. (b) In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperative in the arbitration proceedings. 2-11-77. Pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article. Section 2 . This Act shall become effective on January 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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REVENUEINTANGIBLE RECORDING TAX; COLLECTION BY CLERK OF SUPERIOR COURT IN COUNTIES OF 50,000 OR MORE. Code Sections 48-6-60, 48-6-61, 48-6-62, 48-6-69, 48-6-72, 48-6-73, 48-6-75, and 48-6-76 Amended. No. 1231 (House Bill No. 1642). AN ACT To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be responsible for the collection and administration of the intangible recording tax; to provide for a definition; to provide for the powers, duties, and responsibilities of clerks of the superior court with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, is amended by striking Code Section 48-6-60, relating to definitions regarding the intangible recording tax, and inserting in its place a new Code Section 48-6-60 to read as follows: 48-6-60. As used in this article, the term: (1) `Collecting officer' means the tax collector or tax commissioner of the county; provided, however, that in each county of this state having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census, collecting officer means the clerk of the superior court of the county. (2) `Instrument' or `security instrument' means any written document presented for recording for the purpose

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of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate. (3) `Long-term note secured by real estate' means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose. (4) `Short-term note secured by real estate' means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note. Section 2 . Said article is further amended by striking Code Section 48-6-61, relating to filing of certain instruments, and inserting in its place a new Code Section 48-6-61, to read as follows: 48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the collecting officer of the county in which the real estate is located. The collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The collecting officer shall collect the tax due on the security instrument from the holder of the instrument. If

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the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument said holder's sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the collecting officer shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00. Section 3 . Said article is further amended by striking Code Section 48-6-62, relating to tax payment certification, and inserting in its place a new Code Section 48-6-62, to read as follows: 48-6-62. (a) (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the collecting officer shall enter upon or attach to the security instrument a certification that the intangible recording tax as provided by Code Section 48-6-61 has been paid, the date, and the amount of the tax. The certificate shall be signed by the collecting officer or said officer's deputy. The holder of a security instrument upon which the tax has been paid as provided by this article may then present the security instrument together with the certificate to the clerk of superior court of the county in which the real property is located, who may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Code Section 48-6-61 shall be paid to the collecting officer prior to and as a prerequisite to the filing for record of the real property instrument securing the note with the clerk of superior court and that the clerk shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the collecting officer or said officer's deputy showing that the tax has been paid on the instrument. Presentation for recording of a sworn statement as to the principal amount of the

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note, as authorized in Code Section 48-6-61, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with this paragraph other than for the fact that the security instrument does not disclose the principal amount of the note. (2) However, any instrument otherwise in a form sufficient for recording and actually recorded by the clerk of superior court shall constitute legal notice of the interest and title of the holder of the note in and to the real estate which, under the instrument, secures a long-term note; and this paragraph shall apply even if the intangibles tax, interest, and penalty, if any, required by this article have not been paid. (3) The certificate entered upon or attached to the security instrument shall be recorded with the security instrument, shall be in the form required by the commissioner, and shall in each instance bear the signature of the collecting officer or said officer's deputy. (b) In the case of a new note or modification of a preexisting note, when the instrument securing the new note or modification is taxable under Code Section 48-6-61 and is secured by a previously recorded instrument which requires no further recording, the holder of the instrument, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Code section, may elect alternatively to execute a sworn affidavit in the form required by the commissioner, which affidavit shall set forth the information required by Code Section 48-6-66. The holder of the instrument shall present the sworn affidavit to the collecting officer of the county in which the real estate is located. The tax collector or tax commissioner shall collect from the holder the tax due under Code Section 48-6-61 and upon payment of the tax shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Code section. The certification shall evidence the payment of the required tax with respect to the new instrument or modification. Section 4 . Said article is further amended by striking subsection (a) of Code Section 48-6-69, relating to recording, payment, and certification procedures, and inserting in its place a new subsection (a) to read as follows:

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(a) If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be paid to the collecting officer of the county in which the instrument is first recorded. When the certificate of the collecting officer acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may thereafter be recorded in any other county of this state without payment of any further tax. Section 5 . Said article is further amended by striking Code Section 48-6-72, relating to collection and distribution of revenue, and inserting in its place a new Code Section 48-6-72 to read as follows: 48-6-72. (a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions as provided in Article 2 of this chapter. (b) The governing authority of each county shall take into consideration any increase or decrease in the duties and responsibilities of the offices of the tax commissioner and the clerk of the superior court required by this article in establishing the annual budget for each such office and, where applicable, the affected officers shall cooperate fully in any transferring of responsibilities required under this Code section. Section 6 . Said article is further amended by striking Code Section 48-6-73, relating to reports and distributions, and inserting in its place a new Code Section 48-6-73 to read as follows: 48-6-73. Each collecting officer shall make a report to the commissioner on the first day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. Each report shall additionally show the principal amount of each note, the date of execution, and the maturity date of each note as stated on the face of security instrument to be

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recorded. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax. In counties having a population of more than 500,000, according to the United States decennial census of 1990 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent. Section 7 . Said article is further amended by striking Code Section 48-6-75, relating to additional collection procedures, and inserting in its place a new Code Section 48-6-75 to read as follows: 48-6-75. In the event the collecting officer required to collect the tax imposed by Code Section 48-6-61 is temporarily absent from said officer's office for reasons of health, vacation, or otherwise, said officer shall designate another qualified person to collect the intangible recording tax in said officer's absence. In the event of the death of the collecting officer, the county governing authority shall immediately designate another qualified person to collect the tax until a new collecting officer qualifies for the position as required by law. Section 8 . Said article is further amended by striking Code Section 48-6-76, relating to protest procedures, and inserting in its place a new Code Section 48-6-76 to read as follows:

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48-6-76. (a) If a taxpayer files with the collecting officer at the time of payment of tax as provided in Code Section 48-6-61 a written protest in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the collecting officer receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the collecting officer to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certification in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-6-61 has been paid. Each collection as provided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the commissioner or by final judgment in a refund action that the collection was erroneous or illegal. (b) A collecting officer receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Immediately upon receiving a payment under written protest, the collecting officer shall forward to the commissioner one executed copy of the protest. (c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the collecting officer or said officer's successor who collected the protested amount.

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(d) The commissioner shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the collecting officer or said officer's successor who collected the protested amount of said officer's action. If the commissioner approves the claim in whole or in part, the collecting officer or said officer's successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by said officer, and no appropriation or further authorization shall be necessary to authorize and require the payment to the taxpayer from the special escrow fund. (e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commissioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the collecting officer or said officer's successor who collected the amount, in said officer's official capacity, in the superior court of the county whose official collected the amount. (2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner. (3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the 30 day period shall not constitute a constructive denial of the claim. (f) The commissioner in said commissioner's official capacity shall be made a party defendant to each action for refund in order that the interests of the state may be represented in the action, and the Attorney General shall represent the defendants in each action. If it is determined in the action that the amount claimed by the taxpayer was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in said tax official's official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any interest payable on a judgment in favor of the taxpayer in such an action for a period

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before the judgment becomes final shall be paid by the commissioner as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclusive of court costs, shall be paid forthwith to the taxpayer by the defendant county tax official from the special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund. (g) (1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismissal of such an action, or upon final judgment in such an action, whichever event occurs first, the collecting officer holding the protested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for such collecting officer's services in collecting the tax. (2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article. Section 9 . This Act shall become effective on January 1, 1995. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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AD VALOREM TAXATIONAIRCRAFT; RETURN IN COUNTY OF PRIMARY HOME BASE. Code Section 48-5-16 Amended. No. 1232 (House Bill No. 1654). AN ACT To amend Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, so as to define certain terms; to provide that aircraft which has its primary home base in a county other than the county of the owner's residence in any calendar year shall be returned in that county; to provide for matters related thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-16 of the Official Code of Georgia Annotated, relating to the return of certain personal property for ad valorem taxation, is amended by inserting at the end thereof the following: (e) (1) As used in this subsection, the term: (A) `Aircraft' means any contrivance used or designed for navigation through the air; provided, however, that such term does not include commercial airliners. (B) `Primary home base' means an airport where an aircraft is principally hangered or tied down and out of which its flights normally originate. (2) Any person who owns tangible personal property in the form of an aircraft which has its primary home base in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax

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commissioner or tax receiver of the county in which such primary home base is located. Such aircraft which does not have a primary home base in a county of this state other than the county in which the owner maintains a permanent legal residence shall be returned for taxation in the manner provided for in Code Section 48-5-11. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Section 3 . This Act shall become effective January 1, 1995. Approved April 19, 1994. HEALTHSEWAGE MANAGEMENT SYSTEMS; REGULATIONS. Code Sections 31-2-7 and 31-3-5.1 Amended. No. 1233 (House Bill No. 1658). AN ACT To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide that onsite individual sewage management systems properly approved shall be approved for installation in every county in the state, provided that such on-site, individual sewage systems shall be required to meet local regulations authorized by law; to provide conditions under which such on-site individual sewage management systems are subject to reexamination by such department; to amend Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unicorporated areas, so as to repeal certain provisions relating to the applicability of certain regulations adopted by a county board of health; 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 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in lieu thereof a new Code Section 31-2-7 to read as follows: 31-2-7. (a) As used in this Code section, the term: (1) `Individual sewage management system' shall mean a self-contained, on-site sewage treatment plant or component of such plant designed to serve no more than one residence and approved for such use by the director of the Environmental Protection Division of the Department of Natural Resources. (2) `Properly approved' means any individual sewage management system or component of such system which is designed to be physically incapable of a surface discharge of untreated sewage and which: (A) Has been approved in a regulation promulgated by the department; or (B) Has been approved for use per the manufacturer's recommendations by the boards of health in a minimum of ten counties and has performed satisfactory service for a period of three years or longer. (3) `Satisfactory service' means that the supervisor of the county on-site program has stated in writing that an individual sewage management system or component thereof has performed in an acceptable manner. (4) `Unsatisfactory service' means documented substandard performance as compared to other approved systems or components.

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(b) The Department of Human Resources shall have the authority as it deems necessary and proper to adopt state-wide minimum standards for on-site, individual sewage management systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the use of such system in the state. Any on-site, individual sewage management system which has been properly approved shall, by virtue of such approval and by operation of law, be approved for installation in every county of the state; provided, however, that such on-site, individual sewage management system shall be required to meet local regulations authorized by law. Upon written request of three or more health districts, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. Section 2 . Code Section 31-3-5.1 of the Official Code of Georgia Annotated, relating to regulations for septic tanks or individual sewage management systems in unincorporated areas, is amended by striking in its entirety subsection (c) which reads as follows: (c) The regulations of a county board of health adopted pursuant to the authority of paragraphs (1) through (5) of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. 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 19, 1994. BANKING AND FINANCEFINANCIAL INSTITUTIONS; AFFILIATE TRANSFERS; CREDIT UNION LOANS; CHECK CASHERS. Code Title 7, Chapter 1 Amended. No. 1234 (House Bill No. 1676). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the filing requirements for affiliate transfers so as to require the affiliated trust company to file information regarding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit; to provide the department with authority to promulgate a regulation regarding legal investments by persons engaged in check selling operations; to authorize the Department of Banking and Finance to obtain conviction data with regard to an applicant for a check-casher's license; to clarify the requirement that a person engaged in the check-cashing business must remit funds to a customer at the time of collection; to provide the Department of Banking and Finance with discretion to allow the filing of currency transaction reports with federal agencies to satisfy state filing 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking subsection (a) of Code Section 7-1-321, relating to

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the authorization for affiliate transfers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any bank authorized by law to engage in the business of acting as a fiduciary is authorized and empowered to make an affiliate transfer whether or not each governing instrument expressly provides for or contemplates an affiliate transfer or whether or not the fiduciary capacity was created by will, indenture, trust, court order, agreement, or other means. No affiliate transfer shall constitute: (1) A resignation or disqualification of the bank as fiduciary; or (2) A relinquishment of trust powers by the bank making the affiliate transfer. Upon execution of an instrument effecting an affiliate transfer by a bank, the affiliated trust company shall, as of the date specified in the instrument, have all of the rights, powers, privileges, appointments, accounts, and designations of the bank regarding each fiduciary capacity so transferred and shall have title to all property, real, personal, and mixed, and all debts due on whatever account, and all other choses in action, and each and every other interest of or belonging to or due to the bank as fiduciary shall be taken and deemed to be transferred to and vested in the affiliated trust company as fiduciary without further act or deed. The affiliated trust company shall file a certificate of transfer with the department setting forth its name, a copy of its governing instrument, a list of the banks with which it is affiliated, a statement of the facts which establish the affiliate relationship, and such other information as may be appropriate. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-658, relating to loans by credit unions, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Loans may be made to officers, directors, and committee members of the credit union under the same general terms and conditions as to other members of the credit

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union; provided, however, that no officer, director, committee member, or employee shall participate in approving any loan in which he or she has a direct or indirect financial interest. The approval of all loans to officers, directors, committee members, and employees of the credit union shall be reported to the board of directors at its next meeting. Section 3 . Said chapter is further amended by striking Code Section 7-1-682, relating to qualifications for sale of checks licensees, in its entirety and inserting in lieu thereof a new Code Section 7-1-682 to read as follows: 7-1-682. (a) In order to qualify for a license under this article, an applicant shall: (1) Satisfy the department that it is financially responsible and appears able to conduct the business of selling checks in an honest and efficient manner and with confidence and trust of the community; and (2) Comply with the bonding requirements, furnish the statements, and pay the fees prescribed in this article. (b) In addition to the qualifications set forth in subsection (a) of this Code section, the department may require a licensee to maintain investments having an aggregate market value at least equal to the amount of outstanding checks issued or sold by the licensee pursuant to this article. The department may promulgate regulations establishing those investments which shall be deemed permissible investments for the purpose of complying with this subsection. Permissible investments, even if commingled with other assets of the licensee, shall be deemed by operation of law to be held in trust for the benefit of the purchasers and holders of the licensee's outstanding checks in the event of bankruptcy of the licensee.

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Section 4 . Said chapter is further amended by striking Code Section 7-1-702, relating to background investigations of applicants for check-cashing licenses, and inserting in lieu thereof a new Code Section 7-1-702 to read as follows: 7-1-702. (a) The department shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction: (1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and (2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted, the department shall issue the applicant a license to engage in the business of cashing checks. (b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate, or 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

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States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term `substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (c) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant. For such purpose, the department may submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by it for the exclusive purpose of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, `conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo

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contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (d) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable. (e) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended, or revoked pursuant to this article. Section 5 . Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 7-1-705, relating to notice of charges to be posted by check-casher licensees, deferred payment, and other requirements, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee if the licensee operates three or fewer locations. For a fourth or fifth location operated by a licensee, the amount of the surety bond shall be $5,000.00 for each such location. For each location operated by a licensee in excess of a fifth location, the amount of the surety bond shall be $1,000.00. In no event shall payment of a draft be deferred past the time that the licensee has collected on the draft. Upon collection, payment shall be made immediately to the party from whom the licensee accepted the draft. Section 6 . Said chapter 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 lieu thereof a new paragraph (1) to read as follows:

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(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. The department may promulgate regulations that permit currency transaction reports filed by financial institutions with federal agencies pursuant to requirements of federal law to satisfy the currency transaction filing requirements of this paragraph, provided that the department determines that the department will have access to the currency transaction reports filed with the federal agencies. Section 7 . Said chapter is further amended by striking Code Section 7-1-913, relating to access to currency transaction reports, in its entirety and inserting in lieu thereof a new Code Section 7-1-913 to read as follows: 7-1-913. The Georgia Bureau of Investigation and the Department of Revenue shall have access to and shall be authorized to inspect and copy any reports filed with the department pursuant to this article. In addition, unless prohibited by federal law or by any agreements with federal authorities, the Georgia Bureau of Investigation and the Department of Revenue shall have access to and shall be authorized to inspect and copy any currency transaction report information received by the department from federal authorities. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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CRIMESISSUANCE OF BAD CHECK REDEFINED AS DEPOSIT ACCOUNT FRAUD; WARRANTS; TRIALS; DRAFTS, DEBIT CARD SALES DRAFTS, AND ORDERS FOR PAYMENT INCLUDED; FRAUDULENT PRINTING, EXECUTING, AND NEGOTIATING. Code Sections 15-10-82, 15-10-200, 16-9-20, and 16-9-21 Amended. No. 1235 (House Bill No. 1677). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change references to the offense of criminal issuance of a bad check to the offense of deposit account fraud; to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to change the criminal offense of issuance of a bad check to deposit account fraud; to include [Illegible Text] card sales drafts as instruments with regard [Illegible Text] such offense; to provide certain definitions; to make it unlawful to fraudulently print, negotiate, or execute [Illegible Text] [Illegible Text] [Illegible Text] drafts; to [Illegible Text] penalties; to provide for other matters relative to the foregoing; [Illegible Text] [Illegible Text] 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 Code Section 15-10-82, relating to the hearing fee on application for search or arrest warrant or bad check citation, and inserting in lieu thereof a new Code Section 15-10-82 to read as follows: 15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $10.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the

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warrant or citation or for other reasons this fee should not be charged in justice. Section 2 . Said chapter is further amended by striking Code Section 15-10-200, relating to the applicability of Article 10 of said chapter, and inserting in lieu thereof a new Code Section 15-10-200 to read as follows: 15-10-200. This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20. Section 3 . Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, is amended by striking Code Section 16-9-20, relating to the issuance of bad checks, in its entirety and inserting in its place a new Code Section 16-9-20 to read as follows: 16-9-20. (a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; (2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph: (A) Notice mailed by certified or registered mail evidence by return receipt to the person at the

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address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, executing, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all instruments on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each instrument; and (B) The form of notice shall be substantially as follows: `You are hereby notified that the following instrument(s) Number Date Amount Name of Bank drawn uponand payable to,(has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $, the total amount due being dollars and cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to

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(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (A) When the instrument is for less than $100.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both; (B) When the instrument is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or (C) When more than one instrument is involved and such instruments were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph. (2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one instrument is involved and such instruments were given to the same entity within a 15 day period and the cumulative total of such instruments is not less than $300.00 nor more than $499.99, the person drawing and giving

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such instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature. (3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both. (4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section. Costs shall be presumed to be $20.00, inclusive of warrant or citation application fee and certified or registered mail letter fee, provided that the party causing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence. (c) A person who commits the offense of deposit account fraud by the making, drawing, uttering, executing, or delivering of an instrument on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both. (d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section. (e) In any prosecution or action under this Code section, an instrument for which the information required in

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this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing or executing the instrument and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the instrument shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number. (1) Such information may be provided by either of two methods: (A) The information may be recorded upon the instrument itself; or (B) The number of a check-cashing identification card issued by the receiving party may be recorded on the instrument. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party. (2) In addition to the information required in this subsection, the party receiving an instrument shall witness the signature or endorsement of the party presenting such instrument and as evidence of such the receiving party shall initial the instrument. (f) As used in this Code section, the term: (1) `Bank' shall include a financial institution as defined in paragraph (21) of Code Section 7-1-4. (2) `Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. (3) `Financial institution' shall have the same meaning as defined in paragraph (21) of Code Section 7-1-4.

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(4) `Instrument' means a check, draft, debit card sales draft, or order for the payment of money. (5) `Present consideration' shall include without limitation: (A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; (C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment; (D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and (E) A written waiver of mechanic's or material-men's lien rights. (6) `State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34. (g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3. (h) (1) Any party holding a worthless instrument and giving notice in substantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section

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and payment of any instrument shall have been refused because the maker or drawer had no account with the bank or other depository on which such instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he, she, or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof. (2) Except as otherwise provided by law, any party who holds a worthless instrument, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worthless instrument. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the instrument and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.

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(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives an instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad instrument charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state. (j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $20.00 or 5 percent of the face amount of the instrument, whichever is greater. (k) An action under this Code section may be prosecuted by the party initially receiving a worthless instrument or by any subsequent holder in due course of any such worthless instrument. Section 4 . Said article is further amended by striking Code Section 16-9-21, relating to fraud in the printing, executing, and negotiating of checks, drafts or orders, and inserting in lieu thereof a new Code Section 16-9-21 to read as follows: 16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution or to execute or negotiate any check, draft, order, or debit card sales draft knowing that the account number, routing number, or other information printed on such check, draft, order, or debit card sales draft is in error, fictitious, or assigned to another account holder or financial institution. (b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than

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$5,000.00 or by imprisonment for not less than one year nor more than five years, or both. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. EDUCATIONMIGRANT STUDENT GRANTS; BRAILLE; PROFICIENCY AND SKILL. Code Section 20-2-189 Enacted. Code Title 30, Chapter 7 Enacted. No. 1236 (House Bill No. 492). AN ACT To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational program weights and funding, so as to provide for migrant student grants for schools; to provide for a definition; to amend Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provisions providing exceptions to the transfer of functions to the Professional Standards Commission; to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to provide for a presumption that proficiency in Braille reading and writing is valuable for the education of blind students; to provide for an evaluation of skills; to provide for exceptions; to provide for elements of an individualized education program; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational

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program weights and funding, is amended by adding at the end a new Code section to read as follows: 20-2-189. (a) As used in the Code section, the term `migrant student' means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity. (b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. A local unit of administration shall not be eligible for such grant for any school thereof unless the number of migrant students enrolled in such school is at least 20 or equals at least 5 percent of the latest full-time equivalent program count for such school, whichever is greater. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection. (c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the number of eligible migrant students in that school and the denominator of which is the total number of eligible migrant students in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education. Section 2 . Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated

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personnel established by the State Board of Education remaining in effect, is amended by striking subsection (b) thereof and inserting in its place the following subsection: (b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians. Section 3 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding a new chapter to be designated Chapter 7 to read as follows: CHAPTER 7 30-7-1. This chapter shall be known and may be cited as the `Blind Persons' Literacy Rights and Education Act.' 30-7-2. As used in this chapter, the term: (1) `Blind student' means an individual who is eligible for special education services and who: (A) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or (B) Has a medically indicated expectation of visual deterioration. (2) `Braille' means the system of reading and writing through touch commonly known as standard English Braille. (3) `Individualized education program' means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1401(a)(20).

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30-7-3. (a) Each blind student must be identified and, if appropriate, offered an individualized education program in consultation with a parent or legal guardian. While Braille is not required, it is presumed that Braille reading and writing are valuable skills and as needed are to be considered in the student's transition plan. (b) No child who is blind may be denied the opportunity to receive instruction in Braille reading and writing if the child has the ability to read and write print. (c) Each blind student shall be evaluated to determine the need for Braille skills. The purpose of the evaluation shall be to determine the appropriate reading and writing media for the individual child. (d) Nothing in this Code section shall require the inclusion of Braille in a blind student's individualized education program. 30-7-4. (a) Instruction in Braille reading and writing shall be sufficient to enable each blind student to communicate effectively and efficiently with the same level of proficiency expected of the student's peers of comparable ability and grade level. (b) For a student whose visual impairment affects the student's reading and writing performance in relation to the student's ability such that Braille instruction and use are indicated, an individualized education program shall include the following: (1) The results obtained from the evaluation required under Code Section 30-7-3; (2) How instruction in Braille will be implemented as the primary mode for learning through integration with other classroom activities; (3) The date on which Braille instruction will commence;

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(4) The length of the period of instruction and the frequency and duration of each instructional session; and (5) The level of competency in Braille reading and writing to be achieved by the end of the period and the objective assessment measures to be used. (c) For a student whose reading and writing performance is evaluated as commensurate with the student's ability despite visual impairment so that Braille instruction and use are not required for the student's individualized education program, the minutes of the individualized education program meeting shall include a statement which documents that the absence of Braille instruction or use will not impair the student's ability to read and write effectively. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. VICTIM COMPENSATIONGEORGIA CRIME VICTIMS COMPENSATION BOARD REPLACED BY CRIMINAL JUSTICE COORDINATING COUNCIL; EMPLOYEES; SERVICE CONTRACTS; PAYMENTS TO VICTIMS AND PROVIDERS; INVESTIGATIVE REPORTS; DEPENDENTS; CRIMINALLY INJURIOUS CONDUCT; MAXIMUM AWARDS; COUNSELING EXPENSES; EDUCATION; ADDITIONAL PENALTY FOR JUVENILES. Code Sections 17-15-2 through 17-15-4, and 17-15-6 through 17-15-8 Amended. Code Section 17-15-14 Enacted. No. 1237 (House Bill No. 690). AN ACT To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change the definition of certain terms and to define additional terms; to repeal certain provisions applicable to the former

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Georgia Crime Victims Compensation Board; to change the powers of the board; to provide for powers and duties of the Criminal Justice Coordinating Council and the director of such council; to authorize victim compensation payments to be made directly to direct service providers under certain conditions; to provide for direct payments to the victim or claimant for certain losses or reimbursement; to provide for priority of payments; to change the provisions relating to investigation reports and the distribution of such reports; to provide for confidentiality of certain information; to provide that a person who is not a direct service provider and who assumes the cost of an eligible expense of a victim shall be eligible for an award; to provide that no award shall be made to a victim of a crime for loss of property; to provide that persons who have been convicted of a felony involving criminally injurious conduct and who are currently serving a sentence therefor shall not be eligible for an award; to provide for applicability of a certain term; to provide a maximum amount of award for certain categories of losses; to change the maximum amount of award which may be made to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim; to authorize an award for the cost of psychological counseling for certain relatives of a deceased victim; to authorize the board to expend a portion of the moneys collected and paid into the Georgia Crime Victims Emergency Fund to provide funding to victim service providers for public information purposes and for the dissemination of materials; to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, so as to provide for such additional penalty for a violation of Code Section 40-6-391 with respect to cases in any juvenile court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by striking in its entirety Code Section 17-15-2, relating to definitions applicable to victim compensation, and inserting in lieu thereof a new Code Section 17-15-2 to read as follows:

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17-15-2. As used in this chapter, the term: (1) `Board' means the Criminal Justice Coordinating Council. (2) `Claimant' means any person filing a claim pursuant to this chapter. (3) `Crime' means an act committed in this state which constitutes a violent crime as defined by state or federal law and which results in physical injury or death to the victim. (4) `Direct service provider' means a public or nonprofit entity which provides aid, care, and assistance to a victim. (5) `Director' means the director of the Criminal Justice Coordinating Council. (6) `Fund' means the Georgia Crime Victims Emergency Fund. (7) `Investigator' means an investigator of the board. (8) `Victim' means a person who suffers financial hardship as a result of a personal physical injury or death as a direct result of a crime. Section 2 . Said chapter is further amended by striking in its entirety Code Section 17-15-3, relating to the creation of the Georgia Crime Victims Compensation Board, and inserting in lieu thereof a new Code Section 17-15-3 to read as follows: 17-15-3. (a) The five-member Georgia Crime Victims Compensation Board in existence on June 30, 1992, is abolished. (b) There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating

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Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. (c) The Governor shall appoint the director of the Criminal Justice Coordinating Council to carry out the provisions of this chapter. Section 3 . Said chapter is further amended by striking in its entirety Code Section 17-15-4, relating to the powers of the board, and inserting in lieu thereof a new Code Section 17-15-4 to read as follows: 17-15-4. (a) The board shall have the following powers and duties: (1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; (2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received; (3) To hear and determine all appeals of denied claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary; (4) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and

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to receive and administer federal funds for the purposes of this chapter; (5) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter. Victim compensation payments may be made directly to direct service providers who are not the recipients of local, state, federal, or private grant funds awarded for purposes of providing direct services to crime victims. A victim or claimant may be paid directly in the case of lost wages, loss of support, and instances where the victim or claimant has paid the direct service provider and is filing for reimbursement. In all cases where the victim has incurred out-of-pocket expenses, such as lost wages or loss of support or in cases where the victim or claimant has paid the direct service provider directly and is filing for reimbursement, the victim or claimant shall be paid first before any third party; (6) To carry out programs designed to inform the public of the purposes of this chapter; and (7) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter. (b) The board shall assist applicants with their claims for compensation through educational programs and administrative assistance. Section 4 . Said chapter is further amended by striking in its entirety Code Section 17-15-6, relating to investigations of claims for awards of compensation, and inserting in lieu thereof a new Code Section 17-15-6 to read as follows: 17-15-6. (a) A claim, once accepted for filing and completed, must be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of law enforcement, court, and official

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records and reports concerning the crime and an examination of medical, financial, and hospital reports relating to the injury or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single investigator. (b) Claims must be investigated and determined regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question. (c) The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and the investigator's reason therefor. The director shall render a decision and furnish the victim or claimant with a copy of the report if so requested. In cases where an investigative report is provided, information deemed confidential in nature shall be excluded. (d) The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision. (e) Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and affirm or modify the decision of the director. If considered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing, any relevant evidence not legally privileged is admissible. The board shall render a decision within 90 days after completion of the investigation. If the director receives no application for review pursuant to subsection (d) of this Code section, the director's decision becomes final. (f) The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

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(g) The director shall, within ten days after receipt of the board's final decision, make a report to the claimant including a copy of the final decision and the reasons why the decision was made. Section 5 . Said chapter is further amended by striking in its entirety Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof a new Code Section 17-15-7 to read as follows: 17-15-7. (a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter: (1) A victim; (2) A dependent spouse or child of a victim; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or skilled while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officer's request; (4) Any person who is a victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391; or (5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such person's relationship to the victim or whether such person is a dependent of the victim. (b) (1) Victims may be legal residents or nonresidents of this state. No victim, whether a legal resident of this state or another state, is entitled to receive compensation pursuant to this chapter if such person has received crime victims compensation pursuant to a similar law of

Page 1807

another state or was the victim of a crime committed in another state where an eligible crime victims compensation statute exists. A victim of a crime committed in another state, which victim is a legal resident of this state, may receive compensation pursuant to this chapter if that other state does not have an eligible crime victims compensation program. A surviving spouse, parent, or child who is legally dependent for his or her principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child. (2) Victims of crimes occurring within this state who are subject to federal jurisdiction shall be compensated on the same basis as resident victims of crime. (c) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility. (d) No award of any kind shall be made under this chapter to a victim of a crime which occurred prior to July 1, 1989. (e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim. (f) There shall be no denial of compensation to a victim based on that victim's familial relationship with the person who is criminally responsible for the crime. (g) No award of any kind shall be made under this chapter to a victim of a crime for loss of property. (h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible to receive an award under this chapter. For purposes

Page 1808

of this subsection, `criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime. Section 6 . Said chapter is further amended by striking in its entirety Code Section 17-15-8, relating to required findings and amount of award, and inserting in lieu thereof a new Code Section 17-15-8 to read as follows: 17-15-8. (a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in physical injury, financial hardship, or death of the victim; (3) Police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; and (4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible. The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award.

Page 1809

(b) Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based. (c) (1) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate. (2) No award under this chapter for the following losses shall exceed the maximum amount authorized: Category Maximum Award Lost Wages $ 5,000.00 Funeral Expenses 3,000.00 Financial Hardship or Loss of Support 5,000.00 Medical 5,000.00 Counseling 2,500.00 (d) In determining the amount of an award, the director and board shall determine whether because of his or her conduct the victim of such crime contributed to the infliction of his or her injury or financial hardship, and the director and board may reduce the amount of the award or reject the claim altogether in accordance with such determination. (e) The director and board may reject an application for an award when the claimant has failed to cooperate in the verification of the information contained in the application.

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(f) Any award made pursuant to this chapter may be reduced by or set off by the amount of any payments received or to be received as a result of the injury: (1) From or on behalf of the person who committed the crime; (2) From any other private or public source, including an award of workers' compensation pursuant to the laws of this state, provided that private sources shall not include contributions received from family members or persons or private organizations making charitable donations to a victim. (g) No award made pursuant to this chapter is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. (h) An award made pursuant to this chapter shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 48 or, to the extent lawful, under the United States Internal Revenue Code. (i) Notwithstanding any other provisions of this chapter to the contrary, no awards from state funds shall be paid prior to July 1, 1989. (j) In any case where a crime results in death, the spouse, children, parents, or siblings of such deceased victim may be considered eligible for an award for the cost of psychological counseling which is deemed necessary as a direct result of said criminal incident. The maximum award for said counceling expenses shall not exceed $2,500.00 in the aggregate. Section 7 . Said chapter is further amended by adding at the end thereof a new Code Section 17-15-14 to read as follows: 17-15-14. The board shall be authorized to designate and expend not more than 10 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section 17-15-10 and Code Section

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17-15-13 to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of compensation for victims of crime and public information purposes regarding the victim compensation program provided in this chapter. Section 8 . Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $25.00 or 10 percent of the original fine. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIACHANGE OF RETIREMENT AND DISABILITY BENEFITS. Code Title 47, Chapter 14, Article 5 Amended. No. 1238 (House Bill No. 763). AN ACT To amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and

Page 1812

disability benefits under such system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-14-70, relating to eligibility for retirement benefits under such retirement fund and related matters, and inserting in lieu thereof the following; 47-14-70. (a) A member with at least 20 years of service shall receive retirement benefits of $1,500.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he or she shall be entitled to receive, upon retirement, the amount to which he or she would have been entitled under subsection (a) of this Code section; and, in

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addition, for each year of service beyond the required 20 years, he or she shall receive an additional 5 percent of the amount he or she would be entitled to under subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits the member is entitled to receive under subsections (a) and (b) of this Code section during the remainder of the member's life; and, after the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had the member elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the member's death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,200.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $900.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. (f) Any other provisions of this chapter to the contrary notwithstanding, all members who retire on or after April 1, 1976, for whatever reason and who otherwise meet the requirements for retirement benefits under either subsection (d) or (e) of this Code section shall be entitled to an additional

Page 1814

benefit based on service in excess of the minimum required for such retirement benefits, provided that such service is of the kind for which credit toward retirement benefits would be given under subsection (d) or (e) of this Code section. The amount of the retirement benefit shall be based on the ratio that the total number of years served bears to the minimum number of years required for benefits under subsection (d) or (e) of this Code section, as appropriate. For example, the following table is illustrative of the additional benefits computation under this Code section: Years of Service at Retirement Benefits Received 13 Thirteen-twelfths of the benefits provided in subsection (e) of this Code section 14 Fourteen-twelfths of the benefits provided in subsection (e) of this Code section 15 Fifteen-twelfths of the benefits provided in subsection (e) of this Code section 17 Seventeen-sixteenths of the benefits provided in subsection (d) of this Code section 18 Eighteen-sixteenths of the benefits provided in subsection (d) of this Code section 19 Nineteen-sixteenths of the benefits provided in subsection (d) of this Code section

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(g) No person shall receive credit toward the retirement benefits set forth in subsections (a) and (b) of this Code section for any service performed after February 15, 1952, unless payment for the period covered by such service has been made to the board. No person shall be eligible for the benefits provided in this Code section unless his or her official duties have terminated and he or she files an application for benefits within 90 days, or as soon thereafter as possible, from the termination of his or her official duties. Section 2 . Said article is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for disability benefits under such retirement fund, and inserting in lieu thereof the following: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefit in the amount of $1,500.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board. Section 3 . Said article is further amended by striking in its entirety Code Section 47-14-74, relating to the application of certain benefit increases, and inserting in lieu thereof the following: 47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1994, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1994 shall also be used in the computation of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter. Section 4 . Said article is further amended by striking in its entirety Code Section 47-14-75, relating to eligibility for benefits under such retirement fund, and inserting in lieu thereof the following:

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47-14-75. Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1994, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 1994. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on June 30, 1994. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1994. Section 5 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. REVENUEJOINT COUNTY AND MUNICIPAL SALES AND USE TAX; DISTRIBUTION OF PROCEEDS; RENEGOTIATION; FILING; CONFLICT RESOLUTION; TERMINATION; POWERS, DUTIES, AND AUTHORITY OF STATE REVENUE COMMISSIONER. Code Section 48-8-89 Amended. No. 1239 (House Bill No. 1489). AN ACT To amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution

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of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their renegotiation and filing; to provide for renegotiation criteria; to provide for methods of conflict resolution; to provide for termination of the tax and distribution of proceeds; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) It is the intent of the General Assembly that no agreement as to the distribution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of revenue. The distribution shall be in accordance with a certificate which shall be executed in behalf of each respective governing authority, except as otherwise provided in this subsection, and which shall encompass all respective political subdivisions, shall be filed with the commissioner, and shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. On or after July 1, 1995, the distribution of proceeds of the tax as specified in the certificate shall be based upon, but not be limited to, the following criteria: (1) The service delivery responsibilities of each political subdivision to the population served by the political jurisdiction and served during normal business hours, conventions, trade shows, athletic events and the inherent value to a community of a central business district and the unincorporated areas of the county and the obligation of all residents of the county for the maintenance

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and prosperity of the central business district and the unincorporated areas of the county; (2) The service delivery responsibilities of each political subdivision to the resident population of the subdivision; (3) The existing service delivery responsibility of each political subdivision; (4) The effect of a change in sales tax distribution on the ability of each political subdivision to meet its short-term and long-term debt; (5) The point of sale and use which generates the tax to be apportioned; (6) The existence of intergovernmental agreements among and between the political subdivisions; (7) The use by any political subdivision of property taxes and other revenues from some taxpayers to subsidize the cost of services provided to other taxpayers of the levying subdivision; and (8) Any coordinated plan of county and municipal service delivery and financing. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivisions shall, in behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining

Page 1819

proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of the absent municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. No certificate may contain a total of specified percentages in excess of 100 percent. The certificate shall be filed with the commissioner by March 1, 1980, for those special districts in which the tax authorized by this article is being levied on January 1, 1980. For all other special districts in which the tax shall be imposed subsequent to January 1, 1980, the certificate shall be filed with the commissioner within 60 days after the tax is imposed within the district. The commissioner shall continue to distribute the proceeds of the tax as otherwise provided in this Code section until the first day of the next calendar year following the month in which the commissioner receives a certificate as provided in this Code section, which certificate shall provide other percentages upon which the commissioner shall make the distribution to the political subdivisions entitled to the proceeds of the tax. At such time, the commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of the certificate. Section 2 . Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows: (d) (1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is required within a time certain of the decennial

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census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipality may issue the call and so notify the commissioner. (3) Following the commencement of such renegotiation, if the parties fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. (4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the

Page 1821

year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund. (5) If the commissioner receives the renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner. (6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate. (7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the

Page 1822

commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (10) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment. Section 3 . This Act shall become effective on July 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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REVENUEAD VALOREM TAXES; ARBITRATION AS ALTERNATIVE METHOD TO APPEAL DECISION OF TAX ASSESSORS; NOTICE OF CHANGES IN RETURNS. Code Sections 48-5-306 and 48-5-311 Amended. No. 1240 (House Bill No. 1504). AN ACT To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for arbitration as an alternate method of appealing a decision of the county board of tax assessors; to change certain provisions regarding notice of changes in taxpayers' returns; to provide for the appointment of arbitrators; to provide procedures for arbitration; to change certain references to laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in taxpayers' returns, and inserting in its place a new subsection (b) to read as follows: (b) Contents of notice . The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition

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to the foregoing, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form: `The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address ) and which may be contacted by telephone at: (insert telephone number).' Section 2 . Said part is further amended by striking in their entirety subsections (e) through (i) of Code Section 48-5-311, relating to the creation of county boards of equalization and their duties, and inserting in lieu thereof new subsections (e) through (j) to read as follows: (e) Appeal. (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions. Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. (2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal

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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 if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.

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(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (3) Reserved. (4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph

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but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (i) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. (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

Page 1828

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 or her 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. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (f) Arbitration .

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(1) At the option of the taxpayer an appeal shall be submitted to arbitration. (2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed 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. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee. (3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chapter 9 of Title 9 with the following exceptions: (A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator; (B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67;

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(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board; (D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be corrected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; and (E) The taxpayer shall be responsible for the fees and costs of such taxpayer's arbitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitrator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator. (g) Appeals to the superior court . (1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities,

Page 1831

either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(C) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. (3) The appeal shall constitute a de novo action. (4) (A) The appeal shall be heard before a jury at the first term following the filing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. (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

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set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in his or her 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 arbitrator, or the arbitrators, as applicable, 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. (h) Alternate members . Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board.

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(i) Disqualification . (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter. (2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. (j) Compensation . Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county

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treasury upon certification by the member of the days expended in consideration of appeals. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Section 4 . This Act shall become effective on January 1, 1995. Approved April 19, 1994. FISHBAIT SHRIMPING RULES; OPENING AND CLOSING RIVERS AND CREEKS; DISPLAY OF LETTERS AND NUMERALS ON BAIT SHRIMP BOATS; COMMERCIAL FISHING LICENSES; BAIT DEALER LICENSES; BONDS; TRAWLER LICENSES; NET MESH; DEALER FACILITIES; DEAD BAIT FOR RESALE; RECORDS; EVIDENCE OF HUMAN CONSUMPTION; INTERSTATE IMPORTS; MAXIMUM AMOUNT OF SHRIMP; TRANSFER BETWEEN DEALERS. Code Sections 27-4-170 and 27-4-171 Amended. No. 1241 (House Bill No. 1512). AN ACT To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to authorize the Board of Natural Resources to promulgate rules and regulations establishing the gear and methods allowed for bait shrimping; to authorize the commissioner of natural resources or his or her designee to determine whether or not to open or close a river or creek to the taking of bait shrimp; to fix the size of the numerals and letters required to be displayed on bait shrimp boats; to require that bait shrimpers provide the numerals and letters required to be displayed on bait shrimp boats; to require bait dealers and their employees to possess valid personal commercial fishing licenses; to prohibit the location of bait facilities at or contiguous to facilities or docks selling shrimp for human consumption

Page 1835

or where boats utilized in shrimping for human consumption are docked; to provide an exemption; to increase the amount of the bond which must be posted with the commissioner of natural resources by bait dealers; to limit the issuance of bait trawler licenses to persons who possess a valid bait dealer license or their employees; to establish the size of the mesh of nets used in the taking of shrimp for live bait; to require that live bait shrimp facilities must be located within the salt waters of this state; to require that floating bait containers must be permanently affixed to docks or other permanent structures attached to high ground; to require live bait dealerships which are not within one-half mile of public salt-water angling access to maintain salt-water angling access through the provision of certain services during all tidal stages, including vehicular access and public parking; to require the proper packaging and labeling of dead bait shrimp purchased for resale from licensed bait dealers; to provide record keeping requirements for licensed bait dealers; to prohibit the possession of shrimp for human consumption on a bait trawler; to make possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp prima-facie evidence that such shrimp are to be used for human consumption; to provide for interstate transport of bait shrimp; to make unlawful the possession at any one time of more than 200 quarts of live shrimp and 20 quarts of unpackaged, unfrozen dead shrimp by any licensed bait dealer; to provide for the sale of live bait shrimp between bait dealers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by striking in its entirety Code Section 27-4-170, relating to sport bait shrimping, and inserting in lieu thereof the following: 27-4-170. (a) Any provision of this title to the contrary notwithstanding, any person who has a sport bait shrimping license may use a power-drawn net in accordance with this Code section, such net not to be larger than a tenfoot net as defined in paragraph (71.1) of Code Section 27-1-2 and to be constructed of mesh not smaller than one inch

Page 1836

when stretched, for the purpose of taking shrimp to be used for live bait in this state, provided that the shrimp are not to be sold. In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for sport bait shrimping. It shall be unlawful to engage in the taking of shrimp to be so used at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section except in those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound principles of wildlife research and management as provided in Code Section 27-4-130. No person taking shrimp under this subsection shall possess more than two quarts of bait shrimp at any time, no more than one-half pint of which may be dead; but any such person may take a maximum of four quarts of bait shrimp during any 24 hour period. When two or more persons taking shrimp under this subsection occupy the same boat, at least one such person must have a sport bait shrimping license; and there may be no more than four quarts of bait shrimp on board the boat at any time, no more than one pint of which may be dead; but the persons occupying the boat may take a maximum of eight quarts of bait shrimp during any 24 hour period. Possessing or taking more than the limits prescribed in this subsection shall be unlawful. Possessing more than these limits shall be prima-facie evidence that the shrimp were taken for some purpose other than to be used as live bait. (b) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed.

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(c) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time sport bait shrimping licenses are issued pursuant to Code Section 27-2-23. Section 2 . Said chapter is further amended by striking in its entirety Code Section 27-4-171, relating to bait dealers, and inserting in lieu thereof the following: 27-4-171. (a) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are unloaded, handled, processed, sold or otherwise distributed, or where boat docking space is provided for such activities; provided, however, that such prohibition shall not apply to any person who was granted a bait dealer license for the period from April 1, 1993, through March 31, 1994, and whose bait dealer license was not revoked and provided, further, that such exemption shall terminate immediately if the person's current bait dealer license is revoked by the commissioner or if he or she is found guilty of a violation of the provisions of this Code section. In addition to complying with subsection (b) of this Code section, any applicant for a bait dealer license must

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first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in the favor of the state in the amount of $2,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be April 1 to March 31. The bond shall be in addition to the commercial fishing boat license, where applicable, required by Code Section 27-2-8 and in addition to the personal commercial fishing license required by this Code section. Notation of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license. Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer. In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for commercial bait shrimping. It shall be unlawful for any person engaging in the taking of shrimp for live bait pursuant to this Code section to use any power-drawn net which is larger than a 20 foot net as defined in paragraph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130. It shall also be unlawful for any person taking shrimp pursuant to this Code section to have on board the

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boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead. It shall also be unlawful for any person engaging in the taking of shrimp pursuant to this Code section to fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in subsection (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph (6) of subsection (b) of this Code section. (b) After April 1, 1995, all applicants for bait dealer licenses and, except as provided in subsection (a) of this Code section, all licensed bait dealers shall have and maintain facilities meeting the following requirements: (1) Live bait shrimp facilities must be located within the salt waters of the state, as defined by the saltwater demarcation line described in Code Section 27-4-1, and such facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be permanently affixed to docks or other permanent structures which are attached to high ground above the high water mark and must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulating salt-water systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank; (2) All live shrimp-holding facilities must be constructed of nontoxic materials or materials which have been properly treated with an approved nontoxic substance. The facilities must be maintained in a condition conducive to keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp; (3) Any live bait shrimp dealership which is not within one-half mile of public salt-water angling access shall be required to maintain public access to customers through such services as public launching facilities, public fishing docks or platforms, or other forms of salt-water

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access during all tidal stages. Such access shall include vehicular access and public parking; (4) No organisms other than shrimp may be held in live shrimp bait tanks; and (5) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be maintained on the premises of the established bait dealership. (c) Except as provided for in subsection (j) of this Code section, it shall be unlawful for any licensed bait dealer to allow shrimp to be removed from the premises of his or her established bait dealership unless it is sold as: (1) Live bait in a container of such size as to ensure that all live shrimp therein are covered by a minimum of one inch of salt water; or (2) Dead bait which has been packaged with heads on and frozen. The packages shall contain not more than one quart of dead shrimp and must be clearly marked with letters at least one-half inch in height to read as follows: `SOLD FOR BAIT ONLY.' Dead bait purchased for resale must be purchased from a licensed bait dealer and must be packaged and labeled as described in this Code section. (d) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in salt-water tanks meeting the standards prescribed in subsection (b) of this Code section unless and until such shrimp die, in which case the shrimp shall be promptily frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer intentionally to cause or allow live shrimp to die. (e) It shall be unlawful for any person to use, for other commercial fishing purposes, any equipment which has been used for obtaining live bait pursuant to this Code section.

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(f) It shall be unlawful for any licensed bait dealer or any of his or her employees to have or permit in or on a commercial bait fishing boat owned by the dealer or such employees and used for bait shrimping pursuant to this Code section or to have or permit in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed of for human consumption. (g) It shall be unlawful for a licensed bait dealer to fail to maintain at all times a daily record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase, as well as the amount of live shrimp and the amount of dead shrimp sold daily. Written reports of such transactions for each month shall be submitted to the department no later than the fifth day of the subsequent month in a format prescribed by the department. (h) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human consumption or are personally to be consumed. (i) It shall be unlawful for any licensed bait dealer or an employee of such person to sell or otherwise distribute to any one person, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. It shall also be unlawful for any person to buy, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. (j) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken pursuant to this Code section at any

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place other than the licensed bait dealership for which the bait was taken. This subsection shall not prohibit: (1) The transfer from the boat taking such shrimp to an approved vehicle with aeration equipment to keep shrimp alive which will unload shrimp so taken at a licensed bait dealership so long as the amount of bait being transferred does not exceed 50 quarts; or (2) The interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the bait shrimp originated. (k) It shall be unlawful for any licensed bait dealer to have, at his or her established bait dealership at one time, more than 200 quarts of live shrimp. It shall also be unlawful for more than 10 percent of the shrimp at the dealership or 20 quarts, whichever amount is less, to be dead shrimp unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by paragraph (2) of subsection (c) and subsection (d) of this Code section. (l) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular established bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time the bait dealer licenses are issued pursuant to Code Section 27-2-23. (m) Except from March 1 through July 15 of each year, it shall be unlawful for more than one boat to be engaged in the taking of shrimp at any one time for an established bait

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dealer. From March 1 through July 15, it shall be unlawful for more than two boats to be engaged in the taking of shrimp for a dealer. The boats shall be designated by the suffixes `A' and `B' being placed at the end of the other numerals and letters specified by the department as provided in subsection (l) of this Code section. It shall be unlawful for any boat with a `B' suffix to take shrimp except from March 1 through July 15. (n) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his or her facility. For the purpose of advertising in accordance with this subsection, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) `LIVE BAIT FOR SALE' and (2) the hours and days of operation. Signs shall be at least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height. (o) Notwithstanding subsections (i) and (j) of this Code section, it shall be lawful for a licensed bait dealer to sell live bait shrimp taken pursuant to this Code section to another licensed bait dealer if the department has been previously notified of the destination of the shrimp to be sold and the time and approximate amount of the sale and if the department has approved the equipment for transferring such shrimp. Transportation and transfer of live bait shrimp between bait dealers shall not exceed the 50 quart possession limit for commercial bait trawlers as provided in subsection (a) of this Code section. Except as provided for in subsection (j) of this Code section, land transportation of quantities greater than eight quarts of live shrimp is prohibited and shall be prima-facie evidence of a violation of this Code section. (p) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-8-59.

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(q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities, to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time application for license is received. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. STATE PRODUCTIVITY COUNCILCREATED; AUTOMATIC REPEAL. Code Title 50, Chapter 28 Enacted. No. 1242 (House Bill No. 1551). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for findings of the General Assembly; to create the State Productivity Council and provide for the appointment or selection and terms, vacancies, reimbursement, and meetings of the council members; to provide for the goal, powers, and duties of the council; to provide for a chairperson; to provide for staff; to provide for automatic repeal; 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 inserting

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a new chapter to be designated Chapter 28 to read as follows: CHAPTER 28 50-28-1. The General Assembly finds that exploring methods to allow the State of Georgia to offer effective services at minimum expense to Georgia's taxpayers is important to the long-term fiscal stability of the state. It is appropriate for the state to take advantage of the methods developed by private sector companies who have been striving to achieve the goal of better services at lower cost through such management strategies as total quality management. Total quality management has been the route to improved operations and productivity for many private sector companies throughout the United States and the world. The six basic attributes of total quality management are: customer focus, a focus on process as well as results, prevention versus inspection, mobilization of the work force expertise, fact-based decision making, and feedback. Such productivity initiatives provide the best hope for revitalizing services to the public. To be successfully implemented, total quality management requires not only the vision and active leadership of the Governor and General Assembly but also support from the business community in the planning, design, and delivery of efforts for improving public services. 50-28-2. (a) There is created the State Productivity Council to support initiatives such as total quality management. The council is charged with the goal of improving government services while reducing the long-term tax burden by fostering a spirit of enterpreneurism and team work among state employees. (b) The 15 members of the council shall be appointed and selected as follows: (1) Two directors of departments of state government, to be appointed by the Governor; (2) The commissioner of personnel administration;

Page 1846

(3) Two members of the House of Representatives, to be appointed by the Speaker of the House of Representatives; (4) Two members of the Senate, to be appointed by the President of the Senate; (5) Six members from the private sector who have demonstrated expertise in developing innovative employee productivity programs through their own experience in management, employee development, or human resources, of whom two will be appointed by the Governor, two will be appointed by the Speaker of the House of Representatives, and two will be appointed by the President of the Senate; and (6) Two nonmanagment state employees, to be selected by a process to be decided by majority vote of the appointed members of the council and to serve terms to be determined in the same manner. (c) The council shall elect a chairperson from among the private sector members for a term of one year. The chairperson shall be eligible to succeed himself or herself in the office of chairperson. Members appointed according to paragraphs (1), (3), (4), and (5) of subsection (b) of this Code section shall serve terms of two years. The commissioner of personnel administration shall serve as long as he or she holds such office. Members appointed according to paragraph (5) of subsection (b) of this Code section shall be eligible to succeed themselves on the council. Vacancies among the membership of the council created by resignation, death, or termination of office shall be filled by appointment by the same appointing authority. (d) Members of the council appointed in accordance with paragraphs (1) or (2) of subsection (b) of this Code section and selected in accordance with paragraph (6) of subsection (b) of this Code section shall be reimbursed for their reasonable actual expenses from funds appropriated to or otherwise available to the state department or agency which employs them. Legislative members of the council shall be

Page 1847

reimbursed for their reasonable actual expenses from funds appropriated to or otherwise available to the Senate and House of Representatives. (e) The council shall meet at least quarterly, and on the call of the chairperson. 50-28-3. The council shall have the following powers and duties: (1) To continually evaluate initiatives which have improved employee productivity in the government or in the private sector and provide a forum for sharing ideas and practices between public and private organizations; (2) To facilitate the creation of a culture oriented toward innovation in the state work force and encourage employee involvement and participation at all levels; (3) To serve as an advocate for funding and departmental support of initiatives approved by the council which improve productivity while reducing long-term costs; (4) To work with the state merit system to develop an annual educational workshop for legislators, state employees, and other interested parties relating to programs which have increased employee productivity and to publicize the quality improvements throughout state government; (5) To monitor present and future initiatives approved by the council and supported by the legislative or executive branch to improve employee productivity and report annually those results to the commissioner of personnel administration, the House of Representatives, the Senate, and the Governor; (6) To serve as a resource to mediate problems in implementing productivity improvement programs. Mediation decisions shall be nonbinding but shall serve

Page 1848

as a method to provide policy direction to departments; and (7) To design, implement, and approve a Quality Improvement Award program and accept private donations for the purpose of funding cash awards for state employees or teams of state employees for excellent work in improving productivity. 50-28-4. Staff for the council shall be provided by employees of the executive branch. If the office of the Governor has not assigned one or more employees to provide support for the council by July 1 of each year, the commissioner of personnel administration shall provide staff for the council. 50-28-5. This chapter shall be automatically repealed effective July 1, 1996. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE LICENSE PLATES; AMATEUR RADIO OPERATORS; NATIONAL GUARD RETIREES. Code Sections 40-2-66 and 40-2-75 Amended. No. 1243 (House Bill No. 1221). 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 for the issuance, free of charge, of special license plates for amateur radio operators; to provide procedures for the issuance and renewal of additional plates; to provide for fees; to provide for the issuance, free of charge, of a motor vehicle license plate

Page 1849

to retired members of the Georgia National Guard; 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 paragraph (2) of subsection (a) of Code Section 40-2-66 of the Official Code of Georgia Annotated, relating to special license plates for members of the Georgia National Guard, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 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. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard.

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Section 2 . Said article is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place a new subsection (a) to read as follows: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Each licensed amateur radio operator shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and an initial manufacturing fee of $25.00, a licensed amateur radio operator shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 manufacturing fee was required, there shall be an additional annual registration fee of $25.00 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. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection. Section 3 . This Act shall become effective July 1, 1994. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE LICENSE PLATES; REPLACEMENT PLATES OR REVALIDATION DECALS; FEES; CERTIFICATES OF TITLE; FEES. Code Sections 40-2-44 and 40-3-38 Amended. No. 1244 (House Bill No. 1223). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-44, relating to reporting of theft, loss, or mutilation of license plates or revalidation decals and issuance of duplicates or replacements, in its entirety and inserting in lieu thereof the following: 40-2-44. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance

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of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33. (b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of a license plate or decal and submitting a copy of a police report, shall not apply. (c) A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Revenue. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report. (d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section. Section 2 . Said title is further amended by striking Code Section 40-3-38, relating to fees for issuance of a certificate of title, in its entirety and inserting in lieu thereof the following: 40-3-38. (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.

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(b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (c) The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title. The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent. (d) The above fees shall be required of all applicants except the State of Georgia and the United States of America. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. MOTOR VEHICLES AND TRAFFICMOTOR VEHICLE LICENSE PLATES; FIREFIGHTERS' LICENSE PLATES; FEES. Code Section 40-2-78 Amended. No. 1245 (House Bill No. 1266). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide that there shall be no additional

Page 1854

annual registration fee for firefighters' 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 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, is amended by striking Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof the following: 40-2-78. (a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia.

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(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with

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all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (e) The provisions of this Code section shall also apply to certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Section 2 . This Act shall become effective on January 1, 1995. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. OFFICE OF STATE ADMINISTRATIVE HEARINGSCREATION. Code Sections 31-2-6 and 49-4-153 Amended. Code Title 50, Chapter 13, Article 2 Enacted. No. 1246 (House Bill No. 1443). AN ACT To amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or

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licensees regulated by the Department of Human Resources, so as to provide for administration; to amend Code Section 49-4-153, relating to administrative hearings and appeals, so as to provide for exhaustion of administrative remedies; to provide an exception; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, so as to create the Office of State Administrative Hearings; to provide for the appointment of the chief state administrative law judge; to provide for the designation or employment of assistant, special assistant, and associate administrative law judges and administrative staff, equipment, and property; to establish the duties, powers, and authority of state administrative law judges; to transfer the responsibility for the conduct of certain administrative hearings from certain other agencies to the Office of State Administrative Hearings; to provide for procedures in the judicial review of contested matters; to transfer certain positions, equipment, and appropriations from certain other agencies; to authorize charges for hearings to certain agencies; to provide for appellate review of orders of the superior courts in review of contested cases; to provide for related matters; to provide for dates for effectiveness and implementation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated by the Department of Human Resources, is amended by striking subsection (1) and inserting in its place 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.' Section 2 . Said article is further amended by striking subsection (c) of Code Section 49-4-153, relating to administrative

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hearings and appeals, in its entirety and inserting in its place the following: (c) If any aggrieved party exhausts all the administrative remedies provided in this Code section, judicial review of the final decision of the commissioner may be obtained in the same manner and under the same standards as are applicable to those contested cases which are reviewable pursuant to Code Section 50-13-19; provided, however, that no other provision of Chapter 13 of Title 50 shall be applicable to the department with the exception of Code Sections 50-13-17 and 50-13-19. Notwithstanding any other provision of law, a stay of the commissioner's final decision may be granted by a reviewing court to a provider of medical assistance only on condition that such provider posts bond with the commissioner in favor of the state, with good and sufficient surety thereon by a surety company licensed to do business in this state, in an amount determined by the commissioner to be sufficient to recompense the state for all medical assistance which otherwise would not be paid to the provider but for the granting of such a stay. A stay may be granted and renewed for time intervals up to three months, so long as bond is posted for every interval of time in which the stay is in effect. Section 3 . Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, is amended by designating the existing Code sections thereof as Article 1 and by adding at its end a new Article 2 to read as follows: ARTICLE 2 50-13-40. (a) There is created within the executive branch of state government the Office of State Administrative Hearings. The office shall be independent of state administrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with this article. The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Administrative Services.

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(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause. The chief state administrative law judge shall have been admitted to the practice of law in this state for a period of at least five years. The chief state administrative law judge shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. All successors shall be appointed in the same manner as the original appointment and vacancies in office shall be filled in the same manner for the remainder of the unexpired term. (c) The chief state administrative law judge shall promulgate rules and regulations and establish procedures to carry out the provisions of this article. (d) The chief state administrative law judge shall have the power to employ clerical personnel and court reporters necessary to assist in the performance of his or her duties. (e) (1) The chief state administrative law judge shall have the power to employ full-time assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them. Each assistant administrative law judge shall have been admitted to the practice of law in this state for a period of at least three years. The chief state administrative law judge may establish different levels of administrative law judge positions and the compensation for such positions shall be determined by the chief state administrative law judge. (2) The chief state administrative law judge may appoint a special assistant administrative law judge on a temporary or case basis as may be necessary for the proper performance of the duties of the office, pursuant to a fee schedule established in advance by the chief state administrative law judge. A special assistant administrative law judge shall have the same qualifications and

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authority as a full-time assistant administrative law judge. (3) The chief state administrative law judge may designate in writing a qualified full-time employee of an agency other than an agency directly connected with the proceeding to conduct a specified hearing, but such appointment shall only be with the prior consent of the employee's agency. Such employee shall then serve as a special designated assistant administrative law judge for the purposes of the specific hearing and shall not be entitled to any additional pay for this service. (4) When the character of the hearing requires utilization of a hearing officer with special skill and technical expertise in the field, the chief state administrative law judge may so certify in writing and appoint as a special lay assistant administrative law judge a person who is not a member of the bar of this state or otherwise not qualified under this Code section. Such appointment shall specify in writing the reasons such special skill is required and the qualifications of the appointed individual. (5) The chief state administrative law judge may designate a class of hearings for which individuals with the necessary skill and training need not meet the qualifications of paragraphs (1) through (4) of this subsection. These full-time associate administrative law judges shall exercise the powers conferred upon the chief state administrative judge in the class of administrative cases assigned to them. The chief state administrative law judge shall determine the compensation for such positions. (f) The chief state administrative law judge and any administrative law judge employed on a full-time basis: (1) shall not otherwise engage in the practice of law; and (2) shall not, except in the performance of his or her duties in a contested case, render legal advice or assistance to any state board, bureau, commission, department, agency, or officer.

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50-13-41. (a) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings. Such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13. (b) An administrative law judge shall have all the powers of the referring agency with respect to a contested case. Subpoenas issued by an administrative law judge shall be enforced in the manner set forth in paragraph (7) of subsection (a) of Code Section 50-13-13. Nothing in this article shall affect, alter, or change the ability of the parties to reach informal disposition of a contested case in accordance with paragraph (4) of subsection (a) of Code Section 50-13-13. (c) Within 30 days after the close of the record, an administrative law judge shall issue a decision to all parties in the case except when it is determined that the complexity of the issues and the length of the record require an extension of this period and an order is issued by an administrative law judge so providing. Every decision of an administrative law judge shall contain findings of fact, conclusions of law, and a recommended disposition of the case. (d) Except as otherwise provided in this article, in all cases every decision of an administrative law judge shall be treated as an initial decision as set forth in subsection (a) of Code Section 50-13-17, including, but not limited to, the taking of additional testimony or remanding the case to the administrative law judge for such purpose. On review, the reviewing agency shall consider the whole record or such portions of it as may be cited by the parties. In reviewing initial decisions by the Office of State Administrative Hearings, the reviewing agency shall give due regard to the administrative law judge's opportunity to observe witnesses. If the reviewing agency rejects or modifies a proposed finding

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of fact or a proposed decision, it shall give reasons for doing so in writing in the form of findings of fact and conclusions of law. (e) (1) A reviewing agency shall have a period of 30 days following the entry of the decision of the administrative law judge in which to reject or modify such decision. If a reviewing agency fails to reject or modify the decision of the administrative law judge within such 30 day period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law. (2) A reviewing agency may prior to the expiration of the review period provided for in paragraph (1) of this subsection extend such review period by order of the reviewing agency in any case wherein unusual and compelling circumstances render it impracticable for the reviewing agency to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within such review period. Any such extension by the reviewing agency shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the reviewing agency for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within the review period as previously extended. If a reviewing agency fails to reject or modify the decision of the administrative law judge within the extended review period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law. (3) An agency may provide by rule that proposed decisions in all or in specified classes of cases before the

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Office of State Administrative Hearings will become final without further agency action and without expiration of the 30 day review period otherwise provided for in this subsection. 50-13-42. In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Public Service Commission, the Health Planning Review Board, or the Health Planning Agency or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis. 50-13-43. All agencies shall cooperate with the chief state administrative law judge in the discharge of his or her duties. The Office of State Administrative Hearings shall comply with all applicable federal statutes, regulations, and guidelines, including those related to time frames for hearings, release of decisions, and other procedural requirements. The Office of State Administrative Hearings shall promulgate, when necessary for any class of hearings, specific rules and regulations in order to ensure compliance with federal requirements and receipt and retention of federal funding, tax credits, and grants. 50-13-44. (a) Any full-time hearing officer or equivalent position, used exclusively or principally to conduct or preside over hearings for a covered agency immediately prior to July 1, 1994, shall be administratively transferred to the Office of State Administrative Hearings, if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1994, as an independent hearing officer or equivalent under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994, and shall continue as a special assistant administrative law judge. All full-time staff of covered agencies who have exclusively or principally served as support staff for administrative hearings shall be administratively transferred to the

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Office of State Administrative Hearings as of July 1, 1994. All equipment or other tangible property in possession of covered agencies which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the Office of State Administrative Hearings as of July 1, 1994. (b) All such transfers shall be subject to the approval of the chief state administrative law judge and such personnel or property shall not be transferred if the chief state administrative law judge determines that the hearing officer, staff, equipment, or property should remain with the transferring agency. (c) Funding for functions and positions transferred to the Office of State Administrative Hearings under this article shall be transferred as provided for in Code Section 45-12-90. The employees of the Office of State Administrative Hearings shall be in the classified service of the state merit system; provided, however, that the chief administrative law judge may place positions in the unclassified service as authorized in Article 1 of Chapter 20 of Title 45 and may also place an additional ten assistant administrative law judges in the unclassified service. (d) The chief state administrative law judge shall assess agencies the cost of services rendered to them in the conduct of hearings. Section 4 . Said chapter is further amended by adding a new Code Section 50-13-20.1 to read as follows: 50-13-20.1. A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (e) of Code Section 50-13-41 shall be subject to judicial review in the same manner as provided in Code Section 50-13-19 except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter.

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Section 5 . This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for general administrative purposes. The Office of State Administrative Hearings may commence the performance of its duties on and after July 1, 1994, and shall assume full responsibility for the performance of its duties on and after April 1, 1995. The Office of State Administrative Hearings shall, where necessary for any class of hearings, promulgate rules and regulations in order to comply with all federal and state procedural requirements. During the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law; but on and after April 1, 1995, all such hearings in new and, where practical, in pending proceedings shall be conducted as provided in this Act. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. PUBLIC OFFICERS AND EMPLOYEESDECENTRALIZATION OF STATE GOVERNMENT. Code Title 45, Chapter 12 Amended. Code Title 50, Chapter 5, Article 2 Amended. No. 1247 (House Bill No. 1810). AN ACT To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, so as to provide for decentralization of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentralization of state government; to provide for strategic plans to decentralize state government; to provide a penalty; to amend Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to administrative space management, so as to provide that the

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department will effectuate the purposes of decentralization with its space management authority; to provide for standards for cost effectiveness and decentralization; to repeal the Advisory Board on Space Management; to provide factors to be used in decentralization; to provide for a penalty; 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 12 of Title 45 of the Official Code of Georgia Annotated, relating to the office of the Governor, is amended by striking paragraph (6) of Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, in its entirety and inserting in its place the following: (6) Develop a long-term capital improvements budget which emphasizes decentralization of state government and which is consistent with the overall strategic plan for consideration by the General Assembly; Section 2 . Said chapter is further amended by adding at the end of Code Section 45-12-78, relating to heads of budget units to submit annual estimates of budget, a new subsection to read as follows: (e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the `State Space Management Act of 1976.' The Department of Administrative Services shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission of the budget to the General Assembly as provided in Code Section 45-12-79. Section 3 . Said chapter is further amended by striking subsection (b) of Code Section 45-12-85, relating to examination and investigation of periodic work programs by the Office

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of Planning and Budget, in its entirety and inserting its place the following: (b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound 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 consistent with and subject to the method and provisions contained in the General Appropriations 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 4 . Said chapter is further amended by striking Code Section 45-12-88, relating to budget units to furnish information to the Budgetary Responsibility Oversight Committee, in its entirety and inserting in its place the following: 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 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, the extent to which the facilities and staff to implement or provide the program will be decentralized, and any other information which would be helpful to the members of

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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 5 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 45-12-95, relating to duty of Office of Planning and Budget to encourage cost-saving measures by state agencies, in its entirety and inserting in their place the following: (a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures and to decentralize state government. (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 and that whenever possible, consistent with such objectives, those services be administered or provided from facilities that are decentralized. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 45-12-175, relating to preparation of long-range development plans by the Office of Planning and Budget, in its entirety and inserting in its place the following: (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 throughout the geographic area of the state with an emphasis on decentralizing state government. The goals and strategies contained in this state strategic plan shall be reflected by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government, as respectively applies, in the

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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; all efforts to decentralize its administrative and operational functions; 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. Section 7 . Said chapter is further amended by striking the word and at the end of paragraph (5) of subsection (d) of Code Section 45-12-178, relating to ongoing review by the Governor through the Office of Planning and Budget of all programs and functions in state government, by redesignating paragraph (6) as paragraph (7), and by inserting a new paragraph (6) to read as follows: (6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and Section 8 . Said article is further amended by striking subsection (a) of Code Section 50-5-32, relating to administrative space utilization management, in its entirety and inserting in its place the following:

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(a) The department is given the authority and charged with the duty of managing the utilization of administrative space by all state agencies in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state agencies based on the needs of the agencies as determined by standards for administrative space utilization promulgated by the commissioner pursuant to Code Section 50-5-33 and shall include the obligation to advise the Office of Planning and Budget and state agencies and departments of cost effective, decentralized alternatives. Section 9 . Said article is further amended by striking subsection (a) of Code Section 50-5-33, relating to commissioner to promulgate space utilization standards, in its entirety and inserting in its place the following: (a) The commissioner is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state agencies which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state agencies except as otherwise provided by subsection (b) of this Code section; but the standards shall recognize and provide for different types of administrative space required by the various state agencies and the different types of administrative space that may be required by a single state agency. Section 10 . Said article is further amended by striking Code Section 50-5-34, relating to state agencies to apply to department for space assignment, in its entirety and inserting in its place the following: 50-5-34. Any state agency requiring any administrative space shall apply therefor to the department on forms prescribed by the department for such purpose; and the department shall assign the space to the agency in conformity with the standards governing the utilization of administrative space promulgated pursuant to Code Section 50-5-33

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and requirement of cost effectiveness and decentralization. Section 11 . Said article is further amended by striking Code Section 50-5-35, relating to the creation of Advisory Board on Space Management, which reads as follows: 50-5-35. (a) The Advisory Board on Space Management is created. The board shall consist of five members: the Secretary of State, chairman; the state auditor; an appointee of the Governor who is not the Attorney General; the Commissioner of Agriculture; and the commissioner of administrative services. (b) The board shall meet on the call of the chairman for the purpose of reviewing formally submitted disagreements by affected agency heads concerning department directed space assignments or reassignments. Such formal submissions shall consist of a fully documented case history supporting the agency's disagreement, shall be signed by the agency head, and shall be forwarded to the commissioner. The commissioner shall refer the formal submissions to the chairman on a timely basis. Following a thorough review, and after reaching a majority opinion, the board shall make recommendations to the Governor as to the disposition of the disagreement., in its entirety and inserting in its place the following: 50-5-35. For purposes of cost effectiveness and decentralization, the following factors, among ohter factors, shall be considered: (1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to

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be the most economically depressed, such term shall mean those 80 counties of the state designated as `less developed' under the Job Tax Credit Program. Section 12 . Said article is further amended by striking Code Section 50-5-39, relating to liberal construction of article, in its entirety and inserting in its place the following: 50-5-39. This article shall be liberally construed so as to effectuate the purposes and the intent of the General Assembly. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; MILITARY SERVICE. Code Section 47-2-96 Amended. No. 1248 (House Bill No. 158). AN ACT To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service; to provide for matters relative thereto; to provide for conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, is amended by

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adding between subsections (g) and (i) thereof a new subsection (h) to read as follows: (h) (1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2-334, who served at any time prior to July 1, 1994, on active duty in the armed forces of the United States in order to fulfill an obligation as a military reservist may obtain creditable service for such active duty military service, subject to the limitations and requirements of this subsection. (2) In order to obtain creditable service for such active duty military service, a member must: (A) Apply to the board of trustees for such creditable service by not later than July 1, 1996; (B) Have served on active duty for at least 45 consecutive days, and no more than six months of such active duty service may be obtained as creditable service; (C) Pay the regular employer and employee contributions last paid by or on behalf of the member as an employee before beginning active duty or first paid by or on behalf of the member as an employee after returning from active duty, plus 4 1/2 percent interest compounded annually from the time of completing active duty service to the date of payment; (D) Not have obtained creditable service for the same active duty service under any other provision of this chapter; and (E) Not have used or be eligible to use the active duty service in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs

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covered under Public Law 810, 80th Congress, as amended. (3) No creditable service obtained pursuant to the provisions of this subsection may be used to reach the level of creditable service necessary to: (A) Qualify for a projection of service pursuant to the provisions of subsection (d) of Code Section 47-2-120; or (B) Qualify for a retirement benefit based on involuntary separation from service under any provision of Code Section 47-2-123. (4) The time limitation specified in subsection (g) of this Code section for obtaining creditable service for military service does not apply to obtaining creditable service under this subsection. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIARETIREMENT ALLOWANCES; DEATH OF RETIRED MEMBERS. Code Section 47-2-120 Amended. No. 1249 (House Bill No. 670). AN ACT To amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the

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Employees' Retirement System of Georgia, so as to provide that if a retired member dies before the total retirement allowance paid to him or her equals the total amount of the member's contributions to the retirement system, the difference shall be paid to a person designated by the member or to the member's estate; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) Upon service retirement, a member shall receive a service retirement allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of a member's accumulated contributions at the time of retirement; (2) A pension equal to the annuity allowable at age of retirement, but not to exceed an annuity which would have been allowed at age 65, which pension shall be computed on the basis of a member's contributions made prior to attaining age 65, provided that any member may continue contributions after attaining 65 years of age, and by so doing shall receive membership service credit for such period of time, which shall be used in the computation of retirement allowances; and (3) If a member has a prior service certificate in full force and effect, an additional pension which shall be equal to the annuity allowable at the age of retirement, provided that such pension does not exceed the annuity which would have been allowable at age 65 by more than twice the amount of such member's prior service accumulations as defined in Code Section 47-2-96, with regular interest on such amount as may be from time to time in effect, which interest shall be figured from the date of

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establishment until the earlier of the date of his retirement or the date on which such member attains 65 years of age. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. If the total monthly benefits paid at the time of the retired member's death are less than the accumulated contributions at the time of such member's retirement, the difference between the benefits paid and such accumulated contributions shall be refunded to the person who has been designated in writing by the retired member or to the retired member's estate if no such person has been designated or if such designated person has predeceased the retired member. This subsection shall not apply when an optional allowance has been selected by the member under Code Section 47-2-121. Section 2 . This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; CHANGE OF NAME OR ADDRESS; REPLACEMENT LICENSES. Code Sections 40-5-25 and 40-5-33 Amended. No. 1250 (Senate Bill No. 416). AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and

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renewal of licenses, so as to change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address; to provide for the free replacement of a driver's license due to a change of the licensee's name or address; to provide for limitations; 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, and inserting in its place a new subsection (a) of Code Section 40-5-25 to read as follows: (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed: (1) For instruction permits for Classes A, B, C, and M drivers' licenses $ 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. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year period for which the license was originally issued.

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Section 2 . Said article is further amended by striking Code Section 40-5-33, relating to notices of change of name or address, and inserting in its place a new Code Section 40-5-33 to read as follows: 40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person may apply to the department for a license showing the correct name or address within 60 days. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. GEORGIA PROPERTY OWNERS' ASSOCIATION ACTGOVERNANCE OF PROPERTY OWNERS' ASSOCIATIONS AND DEVELOPMENTS; CREATION; INSTRUMENT; COMPLIANCE; ENFORCEMENT; VOTING; ASSESSMENTS; AMENDMENT; INCORPORATION; QUORUMS; DIRECTORS; OFFICERS; MEETINGS; ASSOCIATION POWERS AND DUTIES; CIVIL ACTIONS; LIENS; RESTRICTIVE COVENANTS. Code Sections 44-3-220 through 44-3-235 Enacted. No. 1251 (House Bill No. 574). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title; to provide for definitions; to provide for the creation of

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property owners' developments; to provide for compliance with association instrument and the means of enforcement; to provide for voting procedures; to provide for assessments; to provide for amendment of instrument; to provide for incorporation of associations; to provide for quorums and procedures at meetings; to provide for directors and officers; to provide for meetings; to provide the powers and duties of the association; to provide for civil actions; to provide for liens for assessments; to provide for construction of this article; to provide for limitations on restrictive covenants; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by adding a new Article 6 to read as follows: ARTICLE 6 44-3-220. This article shall be known and may be cited as the `Georgia Property Owners' Association Act.' 44-3-221. As used in this article, the term: (1) `Board of directors' or `board' means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association. (2) `Common area' means all real and personal property submitted to the declaration which is owned or leased by the association for common use and enjoyment of the members. (3) `Common expenses' means all expenditures lawfully made or incurred by or on behalf of the association together with all funds lawfully assessed for the creation

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and maintenance of reserves pursuant to the provisions of the instrument. (4) `Court' means the superior court of the county where the development or any part thereof is located. (5) `Declarant' means all owners and lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase `owners and lessees,' as used in this article, shall not include in his or her capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of a lot, or any lessee or tenant of a lot. From the time of the recordation of any amendment to the declaration expanding an expandable property owners' development, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within the definition of `declarant.' Any successors-in-title of any owner or lessee referred to in this paragraph who comes to stand in the same relation to the property owners' development as his or her predecessor did shall also come within such definition. (6) `Declaration' means the recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the property owners' development. (7) `Foreclosure' means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage. (8) `Limited common areas' means a portion of the common area reserved for the exclusive use of those entitled to occupy one or more, but less than all, of the lots. (9) `Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a

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development. Where the context indicates or requires, the term lot includes any structure on the lot. (10) `Lot owner' means one or more persons who are record title owners of a lot. (11) `Mortgage' means a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to property. (12) `Mortgagee' means the holder of a mortgage. (13) `Officer' means an officer of the association. (14) `Person' means a natural person, corporation, partnership, association, trust, other entity, or any combination thereof. (15) `Property' means any real property and any interest in real property, including, without limitation, parcels of air space. (16) `Property owners' association' or `association' means a corporation formed for the purpose of exercising the powers of the property owners' association created pursuant to this article. (17) `Property owners' association instrument' or `instrument' means the declaration, plats, and plans recorded pursuant to this article. Any exhibit, schedule, or certification accompanying an instrument and recorded simultaneously therewith shall be deemed an integral part of that instrument. Any amendment or certification of any instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected instrument so long as such amendment or certification was made in accordance with this article. (18) `Property owners' development' or `development' means real property containing both lots and commong

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area located within Georgia and subject to a declaration and submitted to this article. 44-3-222. A property owners' development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235. Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed. Any original declaration shall be duly executed by or on behalf of all of the owners of the submitted property. Any such amendment to an existing declaration shall be executed in accordance with the terms of the recorded declaration being amended thereby. 44-3-223. Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners' association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied. 44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, the vote pertaining to that lot shall

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be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice. 44-3-225. (a) To the extent that the instrument expressly so provides: (1) Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board; (2) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the lots or by the licensees or invitees of any such lot or lots shall be specially assessed against the lot or lots, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses; (3) Any common expenses significantly disproportionately benefiting all of the lots shall be assessed equitably among all of the lots in the development as determined by the board; and (4) Other than for limited common areas expressly designated as such in the instrument and assigned to fewer than all lots, nothing contained in paragraph (1) or (3) of this subsection shall permit an association to specially or disproportionately allocate common expenses for periodic maintenance, repair, and replacement of any

Page 1885

portion of the common area or the lots which the association has the obligation to maintain, repair, or replace. (b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her lot or any part of the common area. (c) Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232, such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners' association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement. (d) In the event that the holder of a first priority mortgage or secondary purchase money mortgage of record, provided that neither the grantee nor any successor grantee on the secondary purchase money mortgage is the seller of the lot, or in the event that any other person acquires title to any lot as a result of foreclosure of any such mortgage, such holder or other person and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the lot be subject to any lien for assessments under this Code section or under any instrument chargeable to the lot on account of any period prior to the acquisition of title; provided, however, that the unpaid share of an assessment or assessments shall be deemed to be a common expense collectable from all of the lot owners, including such holder or other person and his or her successors, successors-in-title, and assigns.

Page 1886

44-3-226. (a) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify; provided, however, that, during any such time as there shall exist an unexpired option to add any additional property to the property owners' association or during any such time as the declarant has the right to control the association under the instrument, the agreement shall be that of the declarant and the lot owners of lots to which two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant to any lot or lots then owned by the declarant, or a larger majority as the instrument may specify. Notwithstanding the above, during such time as the declarant shall own at least one lot primarily for the purpose of sale of such lot, no amendment shall be made to the instrument without the written agreement of the declarant if such amendment would impose a greater restriction on the use or development by the declarant of the lot or lots owned by the declarant. (b) No amendment of an instrument shall require approval of lot owners to which more than 80 percent of the association vote pertains and the mortgagees holding 80 percent of the voting interest of mortgaged lots; any property owners' association which exists prior to July 1, 1994, and amends its documents to avail itself of the provisions of this article shall be deemed to have amended the association instrument to conform to this limitation. This paragraph shall not be deemed to eliminate or modify any right of the declarant provided for in the instrument to approve amendments to the instrument so long as the declarant owns any lot primarily for the purpose of sale and, furthermore, this Code section shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article. (c) Except to the extent expressly permitted or required by other provisions of this article, or agreed upon or permitted by the instrument concerning submission of additional property to this article by the declarant or the association, or agreed upon by all lot owners and the mortgagees of all lots,

Page 1887

no amendment to the instrument shall change the boundaries of any lot, the number of votes in the association pertaining thereto, or the liability for common expenses pertaining thereto. (d) Agreement of the required majority of lot owners to any amendment of the instrument shall be evidenced by their execution of the amendment. In the alternative, provided that the declarant does not then have the right to control the association pursuant to the instrument, the sworn statement of the president, of any vice president, or of the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained and that all notices required by this article were properly given, shall be sufficient to evidence the required agreement. Any such amendment of the instrument shall become effective only when recorded or at such later date as may be specified in the amendment itself. (e) Notwithstanding anything to the contrary in this article or in the instrument, the approval of any proposed amendment by a mortgagee shall be deemed implied and consented to if the mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the mortgagee receives notice of the proposed amendment sent by certified mail, return receipt requested. (f) In any court suit or action where the validity of the adoption of an amendment to an instrument is at issue, the adoption of the amendment shall be presumed valid if the suit is commenced more than one year after the recording of the amendment on the public record. In such cases, the burden of proof shall be upon the party challenging the validity of the adoption of the amendment. 44-3-227. (a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall

Page 1888

include the word or words `homeowners,' `property owners,' or `association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term `member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner. (b) Prior to the first conveyance of a property owners' association lot, the declarant shall cause the first board directors to be duly appointed, the officers to be elected, and the organization of the association to be effectuated. (c) True and correct copies of the articles of incorporation and bylaws of the association and all amendments thereto shall be maintained at the principal and the registered offices of the association and at the sales office of the declarant so long as the declarant has the right to control the association pursuant to the instrument; and copies thereof shall be furnished to any lot owner on request upon payment of a reasonable charge therefor. 44-3-228. Unless the instrument provides otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if persons entitled to cast one-half of the votes in that body are present at such meeting. 44-3-229. If the instrument provides that any member of the board of directors or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, the term `lot owner' in such context shall, unless the instrument

Page 1889

otherwise provides, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person who is, either alone or in conjunction with any other person or persons, a lot owner. Any individual who would not be eligible to serve as a member of the board of directors or officer were he or she not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself or herself from continuing in office if he or she ceases to have any such affiliation with that person. 44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally or sent by United States Mail, postage prepaid, to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners. 44-3-231. (a) Except to the extent prohibited by the instrument and subject to any restrictions and limitations specified therein, the association shall have the power to: (1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association; (2) Make or cause to be made additional improvements on and as a part of the common area; and (3) Grant or withhold approval of any action by one or more lot owners or other persons entitled to occupancy of any lot if such action would change the exterior appearance of any lot, or any structure thereon, or of any other portion of the development or elect or provide for

Page 1890

the appointment of an architectural control committee to grant or withhold such approval. (b) Except to the extent prohibited by the instrument and subject to any restrictions and limitations specified therein, the association shall have the power to grant easements, leases, and licenses through or over the common area, to accept easements, leases, and licenses benefiting the development or any portion thereof, and to acquire or lease property in the name of the association. Property so acquired by the association upon the recordation of the deed thereto or other instrument granting the same and designating property as common area shall, for all purposes including without limitation taxation, be a part of the common area. The association shall also have the power to acquire, lease, and own in its own name property of any nature, real, personal, or mixed, tangible or intangible; to borrow money; and to pledge, mortgage, or hypothecate all or any portion of the property of the association for any lawful purpose within the association's inherent or expressly granted powers. Any third party dealing with the association shall be entitled to rely in good faith upon a certified resolution of the board of directors of the association authorizing any such act or transaction as conclusive evidence of the authority and power of the association so to act and of full compliance with all restraints, conditions, and limitations, if any, upon the exercise of such authority and power. (c) The association shall have the power to amend the instrument, the articles of incorporation, and the bylaws of the association in such respects as may be required to conform to mandatory provisions of this article or of any other applicable law without a vote of the lot owners. (d) In addition to any other duties and responsibilities as this article or the instrument may impose, the association shall keep: (1) Detailed minutes of all meetings of the members of the association and of the board of directors;

Page 1891

(2) Detailed and accurate financial records, including itemized records of all receipts and expenditures; and (3) Any books and records as may be required by law or be necessary to reflect accurately the affairs and activities of the association. (e) This Code section shall not be construed to prohibit the grant or imposition of other powers and responsibilities to or upon the association by the instrument. (f) Except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of Title 14, by the instrument, by the articles of incorporation, or by the bylaws of the association, the powers inherent in or expressly granted to the association may be exercised by the board of directors, acting through the officers, without any further consent or action on the part of the lot owners. (g) A tort action alleging or founded upon negligence or willful misconduct by any agent or employee of the association or in connection with the conditions of any portion of the instrument which the association has the responsibility to maintain shall be brought against the association. No lot owner shall be precluded from bringing such an action by virtue of his membership in the association. A judgement against the association arising from a tort action shall be a lien against the assets of the association. (h) The association shall have the capacity, power, and standing to institute, intervene, prosecute, represent, or defend in its own name litigation or administrative or other proceedings of any kind concerning claims or other matters relating to any portion of the lots or common area which the association has the responsibility to administer, repair, or maintain. 44-3-232. (a) All sums lawfully assessed by the association against any lot owner or property owners' association lot, whether for the share of the common expenses pertaining to that lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for materials furnished or services

Page 1892

rendered by the association at the owner's request to or on behalf of the lot owner or lot, shall, from the time the sums became due and payable, be the personal obligation of the lot owner and constitute a lien in favor of the association on the lot prior and superior to all other liens whatsoever except: (1) Liens for ad valorem taxes on the lot; (2) The lien of any first priority mortgage covering the lot and the lien of any mortgage recorded prior to the recording of the declaration; or (3) The lien of any secondary purchase money mortgage covering the lot, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the lot. The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required. (b) To the extent that the instrument provides, the personal obligation of the lot owner and the lien for assessments shall also include: (1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due; (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable; (3) The costs of collection, including court costs, the expenses required for the protection and preservation of the lot, and reasonable attorney's fees actually incurred; and

Page 1893

(4) The fair rental value of the lot from the time of the institution of an action until the sale of the lot at foreclosure or until judgment rendered in the action is otherwise satisfied. (c) Not less than ten days after notice is sent by certified mail, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. The notice shall specify the amount of the assessments then due and payable together with authorized late charges and interest accrued thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice. (d) Any lot owner, mortgagee of a lot, person having executed a contract for the purchase of a lot, or lender considering the loan of funds to be secured by a lot shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable thereto against that lot. Such request shall be in writing, shall be delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association, within five business days from the receipt of such request, to mail or otherwise furnish such statement regarding amounts due and payable at the expiration of such five-day period with respect to the lot involved to such address as may be specified in the written request therefor shall cause the lien for assessments created by this Code section to be extinguished

Page 1894

and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and upon every lot owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the instrument so provides. (e) Nothing in this Code Section shall be construed to prohibit actions maintainable pursuant to Code Section 44-3-223 to recover sums for which subsection (a) of this Code Section creates a lien. 44-3-233. The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners' association pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a property owners' association shall suffice to being property described in an instrument recorded pursuant to this article within the purview and application of this article; and any defects in such instrument or want of conformity with this article may be cured by an amendment thereto duly executed by the association and recorded or, upon application of any lot owner, with notice to the declarant, the association, and all other lot owners, by decree of the court. 44-3-234. The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any instrument created pursuant to or submitted to this article. 44-3-235. (a) This article shall apply to all property which is submitted to this article. This article shall also apply to any association of owners subject to a recorded delcaration of covenants upon property, which covenants are administered by an owners' association in which membership is mandatory for all owners of lots in the development,

Page 1895

which declaration is amended in accordance with Code Section 44-3-222 in order to submit the property owners' association to this article; provided, however, that any amendment must conform the instrument creating the property owners' association to this article, and the property owners' development shall thereafter be deemed to be submitted to this article. (b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the `Georgia Condominium Act'. (c) This article shall not be construed to affect the validity of any instrument recorded before or after July 1, 1994, but benefits derived from or based upon this article may only be claimed by developments submitted to this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. CRIMINAL PROSECUTIONSCOMPREHENSIVE REGULATION OF DISCOVERY AND INSPECTION; EVIDENCE DISCLOSURE; DEPOSITIONS; CRIMINAL HISTORY RECORDS. Code Sections 24-10-130 through 24-10-133, 24-10-135, 24-10- 137 through 24-10-139, and 35-3-34 Amended. Code Sections 17-16-1 through 17-16-9 and 17-16-20 through 17-16-23 Enacted. Code Sections 17-7-110, 17-7-210, and 17-7-211 Repealed. No. 1252 (House Bill No. 828). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the comprehensive

Page 1896

regulation of discovery and inspection in criminal cases; to provide for conditions, limitations, and procedures with respect thereto; to change certain provisions regarding the furnishing of indictments, accusations, and witness lists and the permitting of certain witnesses to testify; to provide for definitions; to provide for applicability; to provide for disclosure of evidence by the prosecution and defendants; to provide for exceptions; to provide for continuing duties to disclose; to provide for discovery with respect to alibi witnesses; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for lists of witnesses; to provide for reimbursement for certain costs; to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, so as to provide when such depositions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions; to provide for legislative intent; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of certain records, so as to change certain provisions regarding criminal history records; to provide for other matters relative to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-110, relating to indictments, accusations, and witness lists, which reads as follows: 17-7-110. Prior to his arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against him is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the

Page 1897

time of its furnishing the defendant with a list of the witnesses. and inserting in its place a new Code Section 17-7-110 to read as follows: 17-7-110. Reserved. Section 2 . Said title is further amended by striking Code Section 17-7-210, relating to a defendant's right to certain statements, which reads as follows: 17-7-210. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by him while in police custody. The defendant may make his request for a copy of any such statement, in writing, within any reasonable period of time prior to trial. (b) If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement. (c) Failure of the prosecution to comply with a defendant's timely written request for a copy of his statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal. (d) If the defendant's statement is oral, no relevant and material (incriminating or inculpatory) portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant. (e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.,

Page 1898

and inserting in its place a new Code Section 17-7-210 to read as follows: 17-7-210. Reserved. Section 3 . Said title is further amended by striking Code Section 17-7-211, relating to a defendant's right to certain written scientific reports, which reads as follows: 17-7-211. (a) As used in this Code section, the term `written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar type reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant. (b) In all criminal trials, felony and misdemeanor, the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, he must comply with this Code section at least ten days prior to the trial of the case. (c) Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.,

Page 1899

and inserting in its place a new Code Section 17-7-211 to read as follows: 17-7-211. Reserved. Section 4 . Said title is further amended by adding a new chapter at the end thereof, to be designated Chapter 16, to read as follows: CHAPTER 16 ARTICLE 1 17-16-1. As used in this chapter, the term: (1) `Possession, custody, or control of the state or prosecution' means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted. (2) `Statement of a witness' means: (A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness; (B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or (C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel. (3) `Witness' does not include the defendant. 17-16-2. (a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the

Page 1900

court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted. (b) This article shall not apply to juvenile court proceedings. (c) Except as provided under Code Section 17-16-8, this article is not intended to authorize discovery or inspection of attorney work product. 17-16-3. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supplemented pursuant to the other provisions of this article. 17-16-4. (a) (1) Upon written request of a defendant at or prior to arraignment, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, disclose to the defendant and make available for inspection, copying, or photographing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the defendant, whether before or after arrest, in response to interrogation by any person then known to the defendant to be a law enforcement officer or member of the prosecuting attorney's staff. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any person then known by the defendant to be a law enforcement officer or member of the prosecuting attorney's staff if the state intends to use that statement at trial. Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant

Page 1901

at trial also shall be disclosed under this Code section. Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of any similar such statement of any witness who was: (A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or (B) At the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been legally able to bind the defendant in respect to that alleged conduct in which the witness was involved. (2) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, furnish to the defendant a copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the state or prosecution. Nothing in this Code section shall affect the provisions of Code Section 17-10-2. (3) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that

Page 1902

is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Science Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (4) Upon written request of a defendant at or prior to arraignment, or at such time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, which are within the possession, custody, or control of the state or prosecution which the state intends to introduce in evidence in its case-in-chief or in rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness. (b) (1) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial.

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(2) If the defendant requests disclosure under this article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, within the possession or control of the defendant which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal. Nothing in this Code section shall require the disclosure of any material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness. (c) If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article. (d) Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal. (e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 17-16-5.

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17-16-5. (a) Upon written demand, at or prior to arraignment, or at such time as the court permits, of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is later, or as otherwise ordered by the court, upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, social security numbers, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi. (b) The prosecuting attorney shall serve upon the defendant within five days of the defendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, social security numbers, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi. (c) If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness. (d) Upon a showing that a disclosure required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section. (e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prosecuting attorney may offer any other evidence regarding alibi.

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17-16-6. If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just. 17-16-7. No later than ten days prior to trial, or at the time of any post-indictment pre-trial evidentiary hearing other than a bond hearing, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the possession, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testimony of a witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pre-trial evidentiary hearing. 17-16-8. Upon written request of any party, the prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, social security numbers, and telephone numbers of that party's witnesses,

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unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. 17-16-9. Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement. ARTICLE 2 17-16-20. The provisions of this article shall apply only to misdemeanor cases. 17-16-21. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses. 17-16-22. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial. (b) If the defendant's statement is oral or partially oral, the prosecution shall furnish, in writing, all relevant and material portions of the defendant's statement. (c) Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such

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statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal. (d) If the defendant's statement is oral, no relevant and material, incriminating or inculpatory, portion of the statement of the defendant may be used against the defendant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant. (e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered. 17-16-23. (a) As used in this Code section, the term `written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a private physician; and similar types of reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant. (b) In all criminal trials the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attorney, the prosecuting attorney must comply with this Code section at least ten days prior to the trial of the case. (c) Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper

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and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal. Section 5 . Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, is amended by striking in its entirety Code Section 24-10-130, relating to when depositions may be taken, which reads as follows: 24-10-130. At any time after the filing of an indictment, special presentment, or accusation, the court may, upon motion of a party and after notice to the parties, order that the testimony of a prospective witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. The court shall not order the taking of the witness' testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding., and inserting in lieu thereof the following: 24-10-130. (a) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. (b) The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:

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(1) Is in eminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention. (c) A motion to take a deposition of a material witness shall be verified and must state: (1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted; (4) That the testimony of the witness is material to the case; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section. (d) A motion to take a deposition shall be filed in the court having jurisdiction to try the defendant for the offense charged; provided, however, if the defendant is charged with multiple offenses, only the court having jurisdiction to try the most serious charge against the defendant shall have jurisdiction to hear and decide the motion to take a deposition.

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(e) The party moving the court for an order pursuant to this Code section shall give not less than one day's notice of the hearing to the opposite party. A copy of the motion shall be sent to the opposing party or his or her counsel by any means which will reasonably ensure timely delivery including transmission by facsimile or by digital or electronic means. A copy of the notice shall be attached to the motion and filed with the clerk of court. (f) If the court is satisfied that the examination of the witness is authorized by law and necessary, the court shall enter an order setting a time period of not more than 30 days during which the deposition shall be taken. (g) On motion of either party, the court may designate a judge who will be available to rule on any objections to the interrogation of the witness or before whom the deposition shall be taken. The judge so designated may be judge of any court of this state who is otherwise qualified to preside over the trial of criminal cases in the court having jurisdiction over the offense charged. Section 6 . Said article is further amended by striking in its entirety Code Section 24-10-131, relating to notice of deposition, which reads as follows: 24-10-131. The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness during the examination. A defendant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.,

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and inserting in lieu thereof the following: 124-10-131. (a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. (b) On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. (c) The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the defendant's removal from the place where the deposition is being taken, the defendant persists in conduct which would justify exclusion from that place. (d) A defendant not in custody shall have the right to be present at the examination; but failure of the defendant, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right. (e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55. Section 7 . Said article is further amended by striking Code Section 24-10-132, relating to assignment of counsel, in its entirety and inserting in lieu thereof the following: 24-10-132. (a) If a defendant is financially unable to employ counsel, the court shall appoint counsel as provided

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in the uniform rules of the courts, unless the defendant elects to proceed without counsel. (b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid by the state in the same manner as is provided by law for the payment of costs in the appellate courts. (c) Depositions taken at the instance of a defendant shall be paid for by the defendant; provided, however, that, whenever a deposition is taken at the instance of a defendant who is eligible for the appointment of counsel as provided in the uniform rules of the courts, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the defendant and the defendant's attorney, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, for attendance at the examination be paid for out of the fine and forfeiture fund of the county where venue is laid. Section 8 . Said article is further amended by striking Code Section 24-10-133, relating to manner of taking and filing a deposition, in its entirety and inserting in lieu thereof the following: 24-10-133. Except as provided in Code Section 24-10-137, a deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition be taken of a party defendant without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver by the defendant of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal case.

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Section 9 . Said article is further amended by striking Code Section 24-10-135, relating to the admissibility and use of depositions, in its entirety and inserting in lieu thereof the following: 24-10-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering of all of it which is relevant to the part offered and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying. Section 10 . Said article is further amended by striking Code Section 24-10-137, relating to recordation of deposition, in its entirety and inserting in lieu thereof the following: 24-10-137. (a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a stenographic record. The audio-visual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be made available for viewing and copying only to the prosecuting attorney and defendant's attorney prior to trial. An audio-visual recording made pursuant to this Code section shall not be available for inspection or copying by the public until such audio-visual recording has been admitted into evidence during a trial or hearing in the case in which such deposition is made. (b) An audio-visual recording made pursuant to this Code section may be admissible at trial or hearing as an alternative to the stenographic record of the deposition.

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(c) A stenographic record of the deposition contemplated in this Code section shall be made pursuant to Code Section 9-11-28. Section 11 . Said article is further amended by inserting after Code Section 24-10-137 new Code Sections 24-10-138 and 24-10-139 to read as follows: 24-10-138. Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court. 24-10-139. It is the intent of the General Assembly that depositions shall be taken in criminal cases only in exceptional circumstances when it is in the interest of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this article for the purpose of harassment or delay, such conduct may be punished as contempt of court. Section 12 . Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of certain records, is amended by striking paragraph (2) of subsection (a), which reads as follows: (2) Make criminal history records available to parties to any criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and, and inserting in its place a new paragraph (2) to read as follows: (2) Make criminal history records of the defendant or witnesses in a criminal action available to counsel for the defendant upon receipt of a written request from the defendant's counsel under the following conditions: (A) Such request shall contain the style of the case and the name and identifying information for each person

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whose records are requested. Such request shall be submitted to the center; (B) In cases where the court has determined the defendant to be indigent, any fees authorized by law shall be waived; and (C) Disclosure of criminal history information to the defendant's counsel as provided in this paragraph shall be solely in such counsel's capacity as an officer of the court. Any use of such information in a manner not authorized by law or the court in which such action is pending where the records were disclosed shall constitute a violation of Code Section 35-3-38; and. Section 13 . This Act shall become effective on January 1, 1995, and shall apply to all cases docketed on or after that date. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. COMMERCERECORDS OF PROPERTY ACQUIRED FOR RETAIL SALE BY VENDORS AT FLEA MARKETS; FORM; PERIOD TO BE MAINTAINED; PENALTY; APPLICABILITY; EXCEPTIONS; REGULATION BY LOCAL GOVERNMENTS. Code Title 10, Chapter 1, Article 14A Enacted. No. 1253 (House Bill No. 1195). 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 require vendors selling or offering for sale certain personal property at flea markets and nonregistered vendors to maintain certain records; to define certain terms; to provide for requirements for such records; to require records to be maintained for certain periods; to provide for inspection of records by law enforcement officers; to provide for applicability; to provide

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exceptions; to provide for penalties; to provide for local ordinances and resolutions; 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 following Article 14 a new Article 14A to read as follows: ARTICLE 14A 10-1-360. (a) As used in this Code section, the term: (1) (A) `Flea market' means any event: (i) At which two or more persons offer personal property for sale or exchange; and (ii) At which a fee is charged for the privilege of offering or displaying personal property for sale or exchange; or (iii) At which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange; or (iv) Regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12 month period. (B) The term `flea market' is interchangeable with and applicable to `swap meet,' `indoor swap meet,' or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these

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activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) The term `flea market' shall not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, insures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for or displayed is new, and all persons selling, exchanging, or offering or displaying personal property for sale or exchange are manufacturers or licensed retail or wholesale merchants. (2) `Nonregistered vendor' means a person who, without a certificate of registration issued by the state revenue commissioner pursuant to Chapter 8 of Title 48, engages in the retail sale of personal property to the general public. (3) `Used personal property' includes personal property which has previously been sold or delivered to a retailer prior to being acquired by a vendor when vendor's cost exceeds $50.00 per item. (4) `Vendor' means a person who engages in the retail sale of personal property at a flea market.

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(b) Every nonregistered vendor and vendor shall maintain a permanent record book in which shall be entered in ink and in legible English at the time any property is acquired for the purpose of retail sale: (1) The date of the transaction; (2) The name, age, and address of the person, corporation, or entity from whom the property was acquired, a description of the general appearance of any such person, and the distinctive number from such person's driver's license or other similar identification card; (3) An identification and description of the property acquired including, if reasonably available, the serial, model, or other number and all identifying marks inscribed thereon; (4) The price paid for such property; and (5) The signature of the seller. All entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Corrections shall be made by drawing a line of ink through the entry without destroying the legibility. Such record book shall be open to the inspection of any law enforcement officer during the ordinary hours of business or at any reasonable time. (c) The record of each purchase transaction provided for in this Code section shall be maintained for a period of not less than two years and shall be kept by the nonregistered vendor or vendor and made available during any period at which such person is open for business or is offering property for sale. (d) Any nonregistered vendor or vendor required to maintain a record book under the provisions of this Code section who shall:

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(1) Fail to make an entry of any material matter in his or her permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove such record book from his or her place of business during any time such record book is required to be present; (4) Refuse to allow any law enforcement officer to inspect his or her permanent record book or any goods or property in his or her possession during the ordinary hours of business or at any reasonable time; or (5) Fail to maintain the records required by this Code section for at least two years shall be guilty of a misdemeanor. (e) This Code section shall apply to property purchased or acquired on or after July 1, 1994. 10-1-361. This article shall not apply to the following: (1) The sale of a motor vehicle or trailer required to be registered or subject to a certificate of title law of this state; (2) The sale of food products, agricultural products, or forestry products; (3) Business conducted at any industry or association trade show; (4) The sale of arts or crafts by the person who produced such arts or crafts. 10-1-362. Nothing in this article shall prohibit ordinances or resolutions by counties and municipal corporations which provide regulations that are as stringent or more stringent than the requirements of this article.

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Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. CRIMES AND OFFENSESAGGRAVATED ASSAULT; REDEFINED. Code Section 16-5-21 Amended. No. 1254 (House Bill No. 1198). AN ACT To amend Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, so as to redefine the act of aggravated assault; to provide for additional 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 . Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, is amended by striking subsection (a) in its entirety and inserting in its place the following: (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

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Section 2 . Said Code section is further amended by adding a new subsection to read as follows: (g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. DEPARTMENT OF PUBLIC SAFETYEMPLOYEES; POLITICAL CAMPAIGNS. Code Section 35-2-12 Amended. No. 1255 (House Bill No. 1333). AN ACT To amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, so as to repeal certain provisions relating to participation in political campaigns by employees of the 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 . Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, is amended by striking Code Section 35-2-12 and inserting in lieu thereof a new Code section to read as follows: 35-2-12. No person in the employ of the department shall, either directly or indirectly, contribute any money or any other thing of value to any person, organization, or committe

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for political campaign or election in county or state primaries or general elections. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994. CONSERVATIONSOLID WASTE HANDLING AND DISPOSAL FACILITIES; MODIFICATION OF PERMITS TO ALLOW VERTICAL OR HORIZONTAL EXPANSION. Code Section 12-8-24 Amended. No. 1256 (House Bill No. 1435) AN ACT To amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, so as to provide for limitations on the modification of certain permits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, is amended by striking paragraph (1) of subsection (e) and inserting in its place a new paragraph (1) to read as follows: (1) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions, any order of the director, or fails to perform solid waste handling in accordance with this part or rules promulgated

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under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities, except a facility operated by a utility regulated by the Public Service Commission, shall be classified as major permit modifications and shall not be granted by the director sooner than three years from the date any such facility commenced operation; provided, however, that a permit may be modified by the director to allow a vertical or horizontal expansion one time within three years from the date the facility commenced operation so long as the capacity of the facility is not increased more than 10 per cent. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994. LOCAL GOVERNMENTCOUNTY LAW LIBRARY; POWERS AND DUTIES OF BOARD OF TRUSTEES; JOINT USE OF RESOURCES; COMPUTER-RELATED LEGAL RESEARCH EQUIPMENT AND PROGRAMS; COSTS; COUNCIL OF MUNICIPAL COURT JUDGES OF GEORGIA CREATED. Code Sections 36-15-4, 36-15-7, and 36-15-9 Amended. Code Title 36, Chapter 32, Article 3 Enacted. No. 1257 (House Bill No. 1459). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add powers to

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the board of trustees of the county law library; to provide for the use of moneys collected for county law library use; to raise the upper limit on the amount that may be collected for a county law library; to create the Council of Municipal Court Judges of Georgia; to provide for the membership, officers, powers, duties, and funds of the council; to provide for contracts; to provide for powers, duties, and authority of the Administrative Office of the Courts; to provide for the effect of membership in the council; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-15-4, relating to powers and duties of board of trustees in general, and inserting in its place the following: 36-15-4. The board of trustees is given the following powers and duties: (1) To provide for the collection of all money provided for in this chapter; (2) To select the books, reports, texts, and periodicals; (3) To make all necessary rules and regulations governing the use of the library; (4) To keep records of all its meetings and proceedings; (5) To exercise all other powers necessary for the proper administration of this chapter; and (6) To enter into agreements with the boards of trustees of other county law libraries within the same judicial circuit for the purpose of pooling funds to purchase books, reports, texts, and periodicals and to purchase or lease computer-related research equipment and

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programs; to provide for the joint use of such books, reports, texts, periodicals, and computer-related research equipment and programs within the same judicial circuit; and to provide where said books, reports, texts, periodicals, and computer-related research equipment and programs may be maintained. Section 2 . Said title is further amended by striking subsection (a) of Code Section 36-15-7, relating to use of county law library funds, and inserting in its place the following: (a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian, and for the purchase or leasing of computer-related legal research equipment and programs. Section 3 . Said title is further amended by striking subsection (a) of Code Section 36-15-9, relating to collection of additional costs in court cases for county law library, and inserting in its place the following: (a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established

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shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made. Section 4 . Said title is further amended by adding at the end thereof a new Article 3 to Chapter 32 to read as follows: ARTICLE 3 36-32-40. (a) There is created a council of municipal court judges to be known as the `Council of Municipal Court Judges of Georgia.' The council shall be composed of the judges of the municipal courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district. (b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the judges of the municipal courts throughout the state in the execution of their duties, and to promote and assist in the training of such judges. (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 private funds available to the council, and from other appropriate sources. (d) The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said

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member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract. (e) The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements. (f) Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of a municipal court by virtue of his or her position as a member of the council and membership in the council shall not constitute the holding of a public office. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTSCERTIFICATION; TRAINING COURSES; EXAMINATION. Code Title 43, Chapter 51 Amended. No. 1258 (House Bill No. 1536). AN ACT To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to change a certain definition; to provide for the performance of laboratory tests for reporting purposes by certified operators; to establish an additional classification level for very small public water supply systems; to provide for certification of operators of very small public water supply systems; to provide for a training

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course; to provide for examinations; to provide for reciprocity without examination in the issuance of certain licenses; 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 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, is amended by striking paragraph (6) of Code Section 43-51-2, relating to definitions, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Operator' means any person who performs operational duties and water treatment plant and wastewater treatment plant laboratory testing for reporting purposes for operator classifications I and II, as defined by the board, at wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems. Section 2 . Said chapter is further amended by striking Code Section 43-51-6, relating to certification of operators of water and wastewater treatment plants and laboratory analysts, and inserting in lieu thereof a new Code Section 43-51-6 to read as follows: 43-51-6. (a) The board shall certify persons as to their qualifications to operate wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems. (b) Any person who operates a wastewater treatment plant, wastewater collection system, water distribution system, or public water supply system shall obtain a certificate from the board; provided, however, that each industrial wastewater treatment or pretreatment facility, wastewater collection system, or distribution system shall be required to have only one responsible operator obtain such a certificate; and provided, further, that any person who is operating a

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wastewater treatment plant on July 1, 1991, and who is required to obtain a certificate on or after July 1, 1991, but who was not required to have a certificate prior to said date, shall have until July 1, 1996, to obtain such certificate without being in violation of this chapter; provided, further, that no such person who is operating without a certificate a wastewater treatment plant on July 1, 1991, shall be authorized to operate any other wastewater treatment plant after July 1, 1991, without a certificate as required by the board. Such person shall make application to the board for such certificate, which application shall be accompanied by a fee in an amount established by the board. (c) (1) 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. (2) Notwithstanding the provisions of paragraph (1) of this subsection, any person who possesses certification by the board as Class I and II operators of a water treatment plant or wastewater treatment plant shall not be required to obtain a certificate to perform the duties of a laboratory analyst in conducting certain tests for reporting purposes as defined by the board. (d) Any certificate granted under this chapter shall be renewable biennially. Application for renewal of certificates shall be accompanied by a renewal fee in an amount established

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by the board. The board shall be authorized to require continuing education as a condition of certificate renewal. The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) The board may establish a training period during which a certificate is not required. (f) Any person who possesses certification by the board as an operator of a public water supply system shall not be required to obtain a certificate to operate a water distribution system. (g) Any person who possesses certification by the board as an operator of a wastewater treatment plant shall not be required to obtain a certificate to operate a wastewater collection system. Section 3 . Said chapter is further amended by adding immediately following Code Section 43-51-6 a new Code Section 43-51-6.1 to read as follows: 43-51-6.1 (a) In addition to current classifications I, II, and III, the division shall establish a new classification to be known as Class IV which designation shall apply to all very small public water supply systems in this state which are ground-water systems serving a population of less than 1,000. (b) The board shall certify persons as to their qualifications to operate a very small public water supply system. (c) Any person who operates a very small public water supply system shall obtain a certificate from the board. A requirement for such certification shall be the successful completion of a basic six-hour course of training approved by the board. (d) A certificate granted under this Code section shall be renewable biennially. Application for renewal of certificates

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shall be accompanied by a renewal fee in an amount established by the board. Section 4 . Said chapter is further amended by striking Code Section 43-51-7, relating to examinations for operators or laboratory analysts, and inserting in lieu thereof a new Code Section 43-51-7 to read as follows: 43-51-7. The board shall prepare examinations to be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except Class IV level. Such examinations shall be given at least six times annually. Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-51-8, relating to lateral entry or reciprocity with other jurisdictions, and inserting in lieu thereof the following: 43-51-8. The board, upon application, may issue a certificate without examination to any person who holds a certificate in good standing issued by another country or by any state, territory, or possession of the United States which has requirements for certification substantially similar to those of the board. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. INSURANCEFINANCIAL REQUIREMENTS; MUTUAL INSURERS AND SELF-INSURERS FOR MOTOR VEHICLES. Code Section 33-3-7.1 Enacted. Code Section 40-9-101 Amended. No. 1259 (Senate Bill No. 505). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general

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requirements for the transaction of insurance, and Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and spot insurance for motor vehicle liability purposes, so as to provide for financial requirements for certain mutual insurers and certain self-insurers for motor vehicle liability purposes; to provide requirements for surplus to be possessed and maintained by certain mutual insurers; to require the maintenance of cash deposits and investments in certain securities by persons operating 25 or more taxicabs and in whose name such vehicles are registered in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes; to provide a definition; to allow for a transition period for compliance; to require such self-insurers to submit to the Commissioner reports and annual financial statements; to limit the value of any asset listed on an annual or interim report to an equity interest; to provide that such self-insurers shall be subject to certain examinations and proceedings in the same manner as insurers transacting motor vehicle insurance; to require such self-insurers to maintain reserves for losses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by adding the following Code Section 33-3-7, relating to the requirement of surplus for new insurers, a new Code Section 33-3-7.1 to read as follows: 33-3-7.1. Notwithstanding any provisions of this title which might be construed to the contrary, any mutual insurer which, as of the effective date of this Code section, has been issued at least 25 consecutive certificates of authority to transact insurance in this state, has at least 1.5 million in surplus, and has surplus equal to at least 10 percent of its total assets shall be deemed to be in compliance with the

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minimum surplus requirement for mutual insurers under this title so long as it possesses and thereafter maintains at least $1.5 million in surplus and has surplus which is equal to at least 10 percent of its total assets. Section 2 . Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and spot insurance for motor vehicle liability purposes, is amended by striking Code Section 40-9-101, relating to self-insurance, and inserting in lieu thereof a new Code Section 40-9-101 to read as follows: 40-9-101. (a) (1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. (2) Except as otherwise provided in paragraph (3) of this subsection with regard to taxicabs, any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33.

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(3) (A) As used in this paragraph, the term `taxicab' means a motor vehicle used to transport passengers for a fare and which is fitted with a taximeter to compute such fare. (B) Any person who operates 25 or more taxicabs and in whose name such vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his or her discretion, upon the application of such person, issue such a certificate when he or she is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims-handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. A person who operates fewer than 25 taxicabs and in whose name such vehicles are registered shall not be allowed to qualify as a self-insurer with regard to such vehicles. (C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1, 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1, 33-11-20, 33-11-21, and 33-11-25, which relate to various types of authorized investments for insurers. (D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after July 1, 1996, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph

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(C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph. (E) Beginning July 1, 1994, and each year thereafter, a person operating as a self-insurer pursuant to this paragraph shall submit to the Commissioner of Insurance, on forms prescribed by the Commissioner, reports of the business affairs and operations of the self-insurer in the same manner as required of insurers pursuant to Code Section 33-3-21. A person operating as a self-insurer pursuant to this paragraph shall also submit to the Commissioner an annual financial statement audited by an independent certified public accountant. The value of any asset listed in any report required by this subparagraph shall be limited to the equity interest of the person operating as a self-insurer pursuant to this paragraph. (F) Any person operating as a self-insurer to this paragraph shall be subject to examination and proceedings in the same manner applicable to insurers transacting motor vehicle insurance in this state as provided in Chapter 2 of Title 33 and shall maintain reserves for losses in the same manner as insurers transacting motor vehicle insurance as provided in Chapter 10 of Title 33. (b) Upon a determination that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days after such judgment shall become final, the Commissioner of Insurance shall revoke such insurer's certificate. The Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates.

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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 19, 1994. EDUCATIONCRIMINAL RECORDS CHECKS OF TEACHERS AND OTHER EDUCATION PERSONNEL. Code Title 20, Chapter 2 Amended. No. 1260 (Senate Bill No. 526). 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 for fingerprinting and criminal record checks of persons to be employed as teachers, principals, or other certificated professional personnel prior to issuance of the contract of first employment; to provide for temporary or provisional contracts while awaiting results of such checks; to provide that the cost of obtaining fingerprint and criminal record checks shall, at the discretion of the local unit employing such person, be borne by the person seeking employment or the local unit of administration; to provide for practices and procedures; to provide for submission of this Act to the Federal Bureau of Investigation and the Justice Department; to provide for restrictions on the use of such record checks; to provide that all textbooks, library books, and media materials purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of such items and provide sanctions against a pupil who fails or refuses to pay for such items which are lost or damaged as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit; to

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amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, so as to specify the number of such board members who are required to vote to take certain actions and provide for rescissions of certain actions; 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 adding at the end of Code Section 20-2-211, relating to annual contracts of teachers, principals, and other certificated professional personnel, a new subsection (e) to read as follows: (e) (1) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated professional personnel shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provisional or temporary contract for a maximum of 120 days to allow for the receipt of the results of the criminal record check. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the

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issuance of any contract of first employment of such person shall be paid by the local unit of administration or the individual seeking employment. (4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given. (5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection. Section 2 . Said chapter is further amended by striking Code Section 20-2-1013, relating to textbooks, and inserting in lieu thereof a new Code Section 20-2-1013 to read as follows: 20-2-1013. (a) The State Board of Education is authorized and directed to inaugurate and administer a system of free textbooks for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose. (b) All textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Each local unit of administration shall establish such policies as it deems necessary for the

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care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost: (1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect. Section 2.5 . Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of local boards of education, is amended by striking subsection (a) and inserting in its place the following: (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. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or the board's 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

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other clerical work it may direct the superintendent to do. The superintendent or the board's 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. LOCAL GOVERNMENTCOUNTY GOVERNING AUTHORITIES; MINUTES; ACQUIRING TITLE TO REALTY IN ADJOINING COUNTY FOR EXCHANGE WITH FEDERAL GOVERNMENT; WRITTEN CONSENT OF ADJOINING COUNTY; EXCEPTIONS; DEVELOPMENT AUTHORITIES. Code Sections 36-1-25, 36-60-16, and 36-62-6.1 Enacted. No. 1261 (Senate Bill No. 668). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for minutes of meetings of county governing authorities; to provide that certain documents may be incorporated by reference; to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; to provide exceptions; to provide that no development authority of a county or municipality within the county or joint development authority within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging

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to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code Section 36-1-25, immediately following Code Section 36-1-24, to read as follows: 36-1-25. Official minutes of the meetings of a county governing authority shall be maintained in the offices of the county governing authority. Copies of contracts, maps, or similar material or documents related to actions taken by a county governing authority may be included in the minutes or incorporated by reference to an alternate location. Where incorporated by reference, such documents shall be stored in a central location or locations identified by ordinance or resolution of the county governing authority. Section 2 . Said title is further amended by adding at the end of Chapter 60, relating to general provisions applicable to counties and municipal corporations, a new Code Section 36-60-16 to read as follows: 36-60-16. No county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; provided, however, that the provisions of this Code section shall not apply to the exercise of eminent domain by a county or municipality as authorized under the Constitution or other provisions of law; provided, further, that the provisions of this Code section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to

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July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section. Section 3 . Said title is further amended by adding in Chapter 62, known as the Development Authorities Law, between Code Sections 36-62-6 and 36-62-7, a new Code Section 36-62-6.1 to read as follows: 36-62-6.1. No development authority of a county or municipality within the county or joint development authority within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; provided, however, that the provisions of this Code Section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994.

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PROPERTYRECORDING OF DEEDS; CONDOMINIUMS; SUSPENSION OF SERVICES TO UNIT OWNER; LIABILITY FOR COMMON EXPENSES AND ASSESSMENTS; LIENS; MAINTENANCE FEES; AMENDMENT OF INSTRUMENTS; ASSOCIATION POWERS; RESTRICTIVE COVENANTS; DEEDS TO SECURE DEBT; CANCELLATIONS; REVERSIONS TO GRANTOR; TIME. Code Sections 44-2-14, 44-3-76, 44-3-80, 44-3-82, 44-3-93, 44-3-103, 44-3-106, 44-3-109, 44-3-116, 44-14-67, and 44-14-80 Amended. No. 1262 (House Bill No. 1567). AN ACT To amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds or other instruments, so as to provide for the legible printing of the name and address of the natural person to whom the instrument is to be returned; to provide for consequences for failure to comply; to provide exceptions; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances; to conform the provisions relating to liability for common expenses and how assessments are made relative to liens for assessments and notice and foreclosure of condominiums; to provide for disapproval of certain increases in monthly assessments; to provide for approval of amendments by mortgagees; to provide for amendments to conform condominium instruments to statutory requirements without vote of the unit owners; to clarify the personal obligations of unit owners for assessments; to provide for limitation of application of other statutory provisions; to amend Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to change the manner in which certain security instruments shall be canceled of record; to change time periods at which certain reversions shall occur; to provide for notice; to change procedures regarding cancellation; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds or other instruments, is amended by striking Code Section 44-2-14, relating to attestation or acknowledgment as a requirement for recordation, in its entirety and inserting in its place the following: 44-2-14. (a) Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11. (b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. (c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation. (d) Subsection (b) of this Code section does not apply to the following: (1) An affidavit or instrument executed before July 1, 1994; (2) A decree, order, judgment, or writ of any court; (3) A will; or (4) Any plat.

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Section 2 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking Code Section 44-3-76, relating to compliance of condominimum instruments, and inserting in lieu thereof the following: 44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owner's vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent

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jurisdiction. The utility services shall not be required to be restored until the judgment or judgments are paid in full. All common expenses for termination of any services pursuant to this Code section shall be an assessment and a lien against the unit. Section 3 . Said chapter is further amended by striking subsection (f) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting in lieu thereof the following: (f) In the event that the holder of a first priority mortgage or a secondary purchase money mortgage of record, provided that neither the grantee nor any successor grantee on the secondary purchase money mortgage is the seller of the unit, or any other person acquires title to any condominium unit as a result of foreclosure of any such mortgage, such holder or other person and successors, successors-in-title, and assigns shall not be liable for nor shall the condominium unit be subject to a lien for any assessment under this Code section or under any condominium instrument chargeable to the condominium unit on account of any period prior to the acquisition of title; provided, however, that the unpaid share of an assessment or assessments shall be deemed to be common expenses collectable from all of the unit owners, including such holder or other person and successors, successors-in-title, and assigns. Section 4 . Said chapter is further amended by striking paragraph (2) of subsection (g) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A monthly maintenance fee increase in excess of the percentage equal to the annual rate of inflation as measured by the Consumer Price Index for All Urban Consumers for the immediately preceding 12 month period may be disapproved by unit owners holding a majority of the association vote. Section 5 . Said chapter is further amended by striking subsection (c) of Code Section 44-3-82, relating to allocation of limited common elements, and inserting in lieu thereof the following:

Page 1947

(c) A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration making such an assignment shall be prepared and executed by the association. The amendment shall be delivered to the unit owner or owners to whose unit the assignment is being made upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective after execution by the association and such unit owner or owners and recordation, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to the declaration was adhered to. Unless otherwise required by the condominium instruments, no vote of the unit owners shall be necessary for the amendment provided in this Code section to be executed by the association. Section 6 . Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 44-3-93, relating to amendment of condominium instruments, and inserting in lieu thereof the following: (2) Except to the extent expressly permitted or required by other provisions of this article, from and after July 1, 1990, no amendment of a condominium instrument shall require approval of unit owners to which more than 80 percent of the association vote pertains and the mortgagees holding 80 percent of the voting interest of mortgaged units; provided, however, that the provisions of any condominium instruments in effect on July 1, 1990, which provide for a majority in excess of 80 percent shall not be affected or modified by the provisions of this paragraph if by July 1, 1991, the association and those mortgagees permitted to vote on amendments voted by the majority required for an amendment as specified in the condominium instrument to retain the existing requirements for amendments; and provided, further, if no such vote by the required majority occurred, those provisions requiring more than 80 percent shall be deemed to require only 80 percent of the voting interest. The approval of any proposed amendment by a mortgagee shall be deemed implied and consented to if the mortgagee fails to submit a response to any written proposal for an amendment

Page 1948

within 30 days after the mortgagee receives notice of the proposed amendment sent by certified or registered mail, return receipt requested. This paragraph shall not be deemed to eliminate or modify any right of the declarant provided for in the condominium instruments to approve amendments to the condominium instruments so long as the declarant owns any unit primarily for the purpose of sale and, furthermore, this paragraph shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article. Section 7 . Said chapter is further amended by striking subsection (d) of Code Section 44-3-93, relating to amendment of condominium instruments, and inserting in lieu thereof the following: (d) Agreement of the required majority of unit owners to any amendment of the condominium instruments shall be evidenced by their execution of the amendment. In the alternative, provided that the declarant does not then have the right to control the association pursuant to Code Section 44-3-101, the sworn statement of the president, of any vicepresident, or of the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained and that any notices required under this article were properly given, shall be sufficient to evidence the required agreement. Any such amendment of the condominium instruments shall become effective only when recorded or at such later date as may be specified in the amendment itself. Section 8 . Said chapter is further amended by striking Code Section 44-3-103, relating to quorums and meetings of associations or boards, and inserting in lieu thereof the following: 44-3-103. Unless the condominium instruments provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present

Page 1949

at the beginning of the meeting. Unless the condominium instruments specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if persons entitled to cast one-half of the votes in that body are present. Section 9 . Said chapter is further amended by striking subsection (c) of Code Section 44-3-106, relating to powers and responsibilities of the association, and inserting in lieu thereof the following: (c) The association shall have the power to amend the condominium instruments, the articles of incorporation, and the bylaws of the association or any of them in such respects as may be required to conform to mandatory provisions of this article or of any other applicable law without a vote of the unit owners. Section 10 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 44-3-109, relating to the lien for assessments, and inserting in lieu thereof the following: (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, for fines, or otherwise, and all reasonable charges made to any unit owner or condominium unit for materials furnished or services rendered by the association at the owner's request to or on behalf of the unit owner or condominium unit, shall, from the time the same become due and payable, be the personal obligation of the unit owner and constitute a lien in favor of the association on the condominium unit prior and superior to all other liens whatsoever except: (1) Liens for ad valorem taxes on the condominium unit; (2) The lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to the recording of the declaration;

Page 1950

(3) The lessor's lien provided for in Code Section 44-3-86; and (4) The lien of any secondary purchase money mortgage covering the unit, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the unit. The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required. (b) To the extent that the condominium instruments provide, the personal obligation of the unit owner and the lien for assessments shall also include: (1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due; (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable; (3) The costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and (4) The fair rental value of the condominium unit from the time of the institution of an action until the sale of the condominium at foreclosure or until the judgment rendered in the action is otherwise satisfied. Section 11 . Said chapter is further amended by striking Code Section 44-3-116, relating to limitations in certain restrictive covenants inapplicable, and inserting in lieu thereof the following:

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44-3-116. The limitations provided in subsection (b) and in paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article. Section 12 . Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, is amended by striking Code Section 44-14-67, relating to cancellation of deed and title reconveyance, and inserting in its place a new Code Section 44-14-67 to read as follows: 44-14-67. (a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or the grantor's heirs, executors, administrators, or assigns. (b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording: (1) A cancellation upon the original security deed itself; (2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or (3) A cancellation as provided in subsection (c) of this Code section. Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in such clerk's official capacity or personally, for so canceling of record such security deed.

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(c) Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the owner of the security interest and who so swears in such document, which document shall be recorded and shall be in substantially the following form:

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Section 13 . Said article is further amended by striking Code Section 44-14-80, relating to reversions of realty to a grantor, and inserting in its place a new Code Section 44-14-80 to read as follows: 44-14-80. (a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or the grantor's heirs, personal representatives, successors, and assigns as follows: (1) Title to real property conveyed to secure a debt or debts shall revert to the grantor or his or her heirs, personal representatives, successors, and assigns at the expiration of seven years from the maturity of the debt or debts or the maturity of the last installment thereof as stated or fixed in the record of the conveyance or, if not recorded, in the conveyance; (2) If the maturity of the debt or debts or the maturity of the last installment thereof is not stated or fixed, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a perpetual or indefinite security interest in the real property conveyed to secure a debt or debts, the title shall revert at the expiration of 20 years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; or (3) If the maturity is not stated or fixed and the conveyance is not dated, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date the conveyance is recorded or, if not recorded, is delivered; provided, however, that foreclosure by an action or by the exercise of power of sale, if started prior to reversion of title, shall prevent the reversion if the foreclosure is completed

Page 1954

without delay chargeable to the grantee or the grantee's heirs, personal representatives, successors, or assigns. (b) If the grantee or the grantee's personal representatives, heirs, successors, or assigns, or any one of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record of the renewal on the record of the conveyance or, if not recorded, upon the conveyance, a written renewal of the debt or debts secured or the part thereof which are not fully paid and are not barred, which renewal shall be signed by the original grantor or the grantor's heirs, personal representatives, or successors in title to the real estate conveyed and shall be dated, the conveyance and record thereof shall remain of full force and effect and the title shall not revert for an additional period of seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the date of the renewal unless the debt or debts are paid sooner. (c) If the grantee or the grantee's personal representatives, heirs, successors, or assigns, or any of them if more than one, or an officer of a corporation having an interest shall, at any time before the title reverts as provided in subsection (a) of this Code section, make and cause to be recorded upon the record of the conveyance or elsewhere in the public records, with a notation of the place of record thereof on the record of the conveyance or, if not recorded, upon the conveyance, an affidavit setting forth the name and address of the owner and holder of the debt and the deed securing the debt, the nature of the claim, the amount due thereon, the date of the last payment thereon, the maturity date of the indebtedness, and, if the debt has been renewed or extended, the terms of such renewal or extension and a description of the property conveyed therein, the conveyance and record thereof shall remain of full force and effect and title shall not revert for seven years or 20 years according to the appropriate reversion period stated in subsection (a) of this Code section from the maturity of the indebtedness as

Page 1955

shown by said affidavit unless the debt or debts are paid sooner. (d) It shall be the duty of the clerk of the superior court to record the renewals and affidavits provided for and authorized by this Code section; and the clerks shall be entitled to the same fees which are allowed for recording deeds. (e) Subsections (a) through (d) of this Code section shall not operate to make such conveyance a mortgage, but the conveyance shall be held to be an absolute conveyance of title, subject to reversion. 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 19, 1994. JAILSAWARD OF GOOD-TIME ALLOWANCES TO INMATES FOR PROBATION VIOLATIONS OF FELONY OFFENSES. Code Section 42-4-7 Amended. No. 1263 (Senate Bill No. 449). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the awarding of good-time allowances to inmates confined as county inmates for probation violations of felony offenses; to provide for applicability; to repeal conflicting laws; and for other purposes.

Page 1956

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-7, relating to maintenance of inmate records by the sheriff and the awarding of good-time allowances, and inserting in lieu thereof a new Code Section 42-4-7 to read as follows: 42-4-7. (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. (b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of, felony offenses, or as provided in subsection (a) of Code Section 17-10-3 shall award good-time allowances to such inmates based on institutional behavior. Good-time allowances shall not be awarded which exceed one-half of the period of confinement imposed. (2) Upon receipt of an inmate sentenced to confinement as a county inmate, the custodian of such inmate shall compute the maximum good-time allowance that such inmate may earn. The custodian may make appropriate deductions from such maximum earnable goodtime allowance based on the institutional behavior of such inmate while in custody as a county inmate.

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(3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for good-time allowances. (c) Commencing January 1, 1984, those provisions of subsection (b) of this Code section which provide for goodtime allowances to be awarded to inmates sentenced to confinement as county inmates as provided in subsection (a) of Code Section 17-10-3 shall apply to all such inmates in confinement on December 31, 1983, and all inmates who commit crimes on or after January 1, 1984, and are subsequently convicted and sentenced to confinement as county inmates. Conversion of the computation of the sentences of county inmates in confinement on December 31, 1983, from earned-time governed sentences to good-time governed sentences shall be made by the sheriff or other custodian of such inmates. Commencing July 1, 1994, those provisions of subsection (b) of this Code section which provide for good-time allowances to be awarded to inmates sentenced to confinement as county inmates for probation violations of felony offenses shall apply to all such inmates in confinement on June 30, 1994, and all inmates whose probation is revoked or who commit crimes on or after July 1, 1994, and are subsequently sentenced to confinement as county inmates. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1994. WATER SUPPLIERSREFUSAL TO SUPPLY WATER TO RESIDENCE BECAUSE OF INDEBTEDNESS OF PRIOR OWNER, OCCUPANT, OR LESSEE PROHIBITED; LIENS. Code Section 36-60-17 Enacted. No. 1264 (House Bill No. 862). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to

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counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying information on any user of water service; to require public or private water suppliers to seek reimbursement for unpaid charges only from the person who incurred the charges; to provide for limited liens for certain unpaid charges; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-16 a new Code Section 36-60-17 to read as follows: 36-60-17. (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises. (b) For each new or current account to supply water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges. (c) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges.

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(d) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges. Section 2 . This Act shall become effective upon its approval by the Governor 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, 1994. CRIMES AND OFFENSESMINIMUM TERMS OF IMPRISONMENT FOR CERTAIN VIOLENT OFFENDERS. Code Titles 16, 17, and 42 Amended. No. 1265 (Senate Bill No. 441). AN ACT To provide that persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title; to provide for legislative findings; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain penalty provisions applicable to the crimes of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to change the provisions relating to the fixing of sentences and the suspension or probation of sentences for persons convicted of serious violent

Page 1960

felonies; to provide that sentences of imprisonment upon conviction of serious violent felonies shall not be reviewable by a three-judge panel; to define the term serious violent felony; to provide for the sentencing and punishment of persons convicted of serious violent felonies; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to life imprisonment; to provide for the punishment of a defendant who has been convicted of a serious violent felony and sentenced to death but whose sentence of death has been commuted to life imprisonment; to restrict the authority of the State Board of Pardons and Paroles with respect to the granting of paroles or early release to persons who has been convicted of certain serious violent felonies; to provide an exception; to restrict the authority of the Department of Corrections with respect to the granting of earned time, early release, work release, leave, or other such sentence-reducing measures to persons who have been convicted of certain serious violent felonies; to provide for the meanings of additional terms; to provide that a person who has been convicted previously of a serious violent felony and who thereafter commits a serious violent felony for which such person is not sentenced to death shall be sentenced to life imprisonment without parole; to provide that such sentence shall not be suspended, probated, stayed, deferred, or withheld; to provide that such a person sentenced to life imprisonment without parole shall not be eligible for parole or for any earned time, early release, work release, leave, or other such sentence-reducing measures authorized by law or the Department of Corrections; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, so as to change the provisions relating to restrictions on relief for a person serving a second life sentence; to change the provisions relating to the general rule-making power of the State Board of Pardons and Paroles; to change the provisions relating to the prohibition against the release of certain inmates for the purpose of regulating jail or prison populations; to provide for related matters; to provide for applicability; to provide for severability; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1 . This Act shall be known and may be cited as the Sentence Reform Act of 1994. Section 2 . The General Assembly declares and finds: (1) That persons who are convicted of certain serious violent felonies shall serve minimum terms of imprisonment which shall not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge; and (2) That sentences ordered by courts in cases of certain serious violent felonies shall be served in their entirety and shall not be reduced by parole or by any earned time, early release, work release, or other such sentence-reducing measures administered by the Department of Corrections. Section 3 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety Code Section 16-8-41, relating to the crime of armed robbery, and inserting in lieu thereof a new Code Section 16-8-41 to read as follows: 16-8-41. (a) A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. (b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years. (c) (1) The preceding provisions of this Code section notwithstanding, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person,

Page 1962

such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years. (2) As used in this subsection, the term: (A) `Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (B) `Pharmacy' means any place licensed in accordance with Part 4 of Article 2 of Chapter 4 of Title 26 wherein the possessing, displaying, compounding, dispensing, or retailing of drugs may be conducted, including any and all portions of any building or structure leased, used, or controlled by the licensee in the conduct of the business licensed by the State Board of Pharmacy at the address for which the license was issued. The term pharmacy shall also include any building, warehouse, physician's office, or hospital used in whole or in part for the sale, storage, or dispensing of any controlled substance. (C) `Wholesale druggist' means an individual, partnership, corporation, or association registered with the State Board of Pharmacy under Part 4 of Article 2 of Chapter 4 of Title 26. (d) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 4 . Said title is further amended by striking in its entirety subsection (b) of Code Section 16-5-40, relating to the crime of kidnapping, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A person convicted of the offense of kidnapping shall be punished by imprisonment for not less than ten nor more than 20 years, provided that a person convicted of the

Page 1963

offense of kidnapping for ransom shall be punished by life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 5 . Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-1, relating to the crime of rape, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 6 . Said title is further amended by striking in its entirety subsection (d) of Code Section 16-6-4, relating to the crimes of child molestation and aggravated child molestation, and inserting in lieu thereof a new subsection (d) to read as follows: (d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 7 . Said title is further amended by striking in its entirety subsection (b) of Code Section 16-6-2, relating to the crimes of sodomy and aggravated sodomy, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated

Page 1964

sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 8 . Said title is further amended by striking in its entirety subsection (c) of Code Section 16-6-22.2, relating to the crime of aggravated sexual battery, and inserting in lieu thereof a new subsection (c) to read as follows: (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. Section 9 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of sentences and the suspension or probation of sentences, and inserting in lieu thereof a new paragraph (1) to read as follows: (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 in conformity with any mandatory minimum sentences required by law or 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; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1.

Page 1965

Section 10 . Said article is further amended by striking in its entirety subsection (a) of Code Section 17-10-6, relating to the review of sentences of imprisonment for period exceeding 12 years by a three-judge panel, 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 or cases involving a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1, 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 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 11 . Said article is further amended by adding between Code Sections 17-10-6 and 17-10-7 a new Code Section 17-10-6.1 to read as follows:

Page 1966

17-10-6.1. (a) As used in this Code section, the term `serious violent felony' means: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; or (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2. (b) Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. (c) (1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 14 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing

Page 1967

measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 25 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court. (d) For purposes of this Code section, a first conviction of any serious violent felony means that the person has never been convicted of a serious violent felony under the laws of this state or of an offense under the laws of any other state or of the United States, which offense if committed in this state would be a serious violent felony. Conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction. Section 12 . Said article is further amended by striking in its entirety Code Section 17-10-7, relating to the punishment of repeal offenders, and inserting in lieu thereof a new Code Section 17-10-7 to read as follows:

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17-10-7. (a) Except as otherwise provided in subsection (b) of this Code section, any person convicted of a felony offense in this state or having been convicted under the laws of any other state or of the United States of a crime which if committed within this state would be a felony and sentenced to confinement in a penal institution, who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense. (b) (1) As used in this subsection, the term `serious violent felony' means a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1. (2) Any person who has been convicted of a serious violent felony in this state or who has been convicted under the laws of any other state or of the United States of a crime which if committed in this state would be a serious violent felony and who after such first conviction subsequently commits and is convicted of a serious violent felony for which such person is not sentenced to death shall be sentenced to imprisonment for life without parole. Any such sentence of life without parole shall not be suspended, stayed, probated, deferred, or withheld, and any such person sentenced pursuant to this paragraph shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the sentence of life imprisonment without posibility of parole, except as may be authorized by any existing or future provisions of the Constitution. (c) Except as otherwise provided in subsection (b) of this Code section, any person who, after having been convicted under the laws of this state for three felonies or having

Page 1969

been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state other than a capital felony must, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served. (d) For the purpose of this Code section, conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction. (e) This Code section is supplemental to other provisions relating to recidivous offenders. Section 13 . Reserved. Section 14 . Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the granting of pardons, paroles, and other relief, is amended by striking in its entirety subsection (b) of Code Section 42-9-39, relating to restrictions on relief for a person serving a second life sentence, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Except as otherwise provided in subsection (b) of Code Section 17-10-7, when a person is convicted of murder and sentenced to life imprisonment and such person has previously been incarcerated under a life sentence, such person shall serve at least 25 years in the penitentiary before being granted a pardon and before becoming eligible for parole. Section 15 . Said article is further amended by striking in its entirety Code Section 42-9-45, relating to general rule-making power of the State Board of Pardons and Paroles, and inserting in lieu thereof a new Code Section 42-9-45 to read as follows: 42-9-45. (a) The board may adopt and promulgate rules and regulations, not inconsistent with this chapter,

Page 1970

touching all matters dealt with in this chapter, including, among others, the practice and procedure in matters pertaining to paroles, pardons, and remission of fines and forfeitures. The rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration for parole of inmates under the jurisdiction of the Department of Corrections shall take place and also the times at which periodic reconsideration thereafter shall take place. Such consideration shall be automatic, and no written or formal application shall be required. (b) An inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his or her sentence or sentences or one-third of the time of his or her sentence or sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7, an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his or her sentence or one-third of the time of the sentences, whichever is greater. Except as otherwise provided in Code Sections 17-10-6.1 and 17-10-7, inmates serving sentences aggregating 21 years or more shall become eligible for consideration for parole upon completion of the service of seven years. (c) The board shall adopt rules and regulations governing the granting of other forms of clemency, which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for the granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or promulgated by the board shall be made in such manner as the board shall direct by rules and regulations. (d) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in

Page 1971

Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The courts shall take judicial notice of the rules and regulations. (e) For the purposes of this Code section, the words `rules and regulations' shall have the same meaning as the word `rule,' as defined in Code Section 50-13-2, except that the words `rules and regulations' shall not be construed to include the terms and conditions prescribed by the board to which a person paroled by the board may be subjected. (f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be granted release on parole until and unless said inmate has served on good behav ven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chapter 14 of Title 16, the `Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.' (g) No inmate serving a sentence for murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery shall be released on parole for the purpose of regulating jail or prison populations. Section 16 . The provisions of this Act shall apply only to those offenses committed on or after the effective date of this Act; provided, however, that any conviction occurring prior to, on, or after the effective date of this Act shall be deemed a conviction for the purposes of this Act and shall be counted in determining the appropriate sentence to be imposed for any offense committed on or after the effective date of this Act.

Page 1972

Section 17 . 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 18 . This Act shall become effective on January 1, 1995, upon ratification by the voters of this state at the 1994 November general election of that proposed amendment to Article IV, Section II, Paragraph II of the Constitution authorizing the General Assembly to provide for mandatory minimum sentences and sentences of life without possibility of parole in certain cases and providing restrictions on the authority of the State Board of Pardons and Paroles to grant paroles; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety. Section 19 . All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1994. STATE PROPERTYCONVEYANCE TO GRADY COUNTY. No. 108 (House Resolution No. 1012). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Grady County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1973

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Grady County, Georgia, known as Tired Creek Park and is in the custody of the Department of Natural Resources; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Grady County, Georgia, being on Land Lots 44, 45, 75, 76, 77, 78, 83, 84, 85, 86, 114, 115, 116, 117, 118, 119, 123, 124, 125, 126, 127, and 156, containing approximately 2933 acres and is described on a drawing entitled Property Map of Big Tired Creek Recreation Area, dated September 22, 1972, and on file in the offices of the State Properties Commission; and WHEREAS, by management agreement dated September 16, 1975, Grady County has been responsible for operating, managing, and maintaining the park; and WHEREAS, Grady County is desirous of obtaining the property in order that certain improvements may be made; and WHEREAS, the Department of Natural Resources has no objections to this conveyance. 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 Grady County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and as long as such 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 interest of the State of Georgia.

Page 1974

Section 3 . That, if Grady County 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 and the Georgia General Assembly shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. Section 4 . That the harvesting of any timber products on the above-described property shall be under the supervision of the Georgia Forestry Commission and any revenues from such harvesting shall only be committed toward improvements in or on the property. Section 5 . That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective. Section 6 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 7 . That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Grady County and a recorded copy shall be forwarded to the State Properties Commission. 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 19, 1994.

Page 1975

JOINT STUDY COMMISSION ON REVENUE STRUCTURERE-CREATION. No. 109 (House Resolution No. 662). 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 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

Page 1976

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 re-created by Senate Resolution 44 of the 1993 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 re-creating the commission, the existence of the commission expired as of December 31, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: 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 cochairperson or shall appoint another member of the commission to serve as cochairperson of the commission. The Speaker of the House shall serve as a member of the commission and shall serve as cochairperson or shall appoint another member of the commission to serve as cochairperson 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. All members of the commission shall be appointed in a prompt and timely manner in order that the commission may, as soon as possible, continue its work of the past two years. The cochairpersons 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

Page 1977

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 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, documents, and information as are agreed to in writing by the state revenue commissioner and the cochairpersons 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 cochairpersons 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

Page 1978

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, 1994. The commission shall stand abolished on December 31, 1994. Approved April 19, 1994. JOINT REGIONAL HOSPITAL STUDY COMMITTEECREATION. No. 110 (House Resolution No. 664). 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

Page 1979

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 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

Page 1980

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 31, 1995. The committee shall stand abolished on December 31, 1995. Approved April 19, 1994. JOINT STEERING COMMITTEE FOR THE GEORGIA GENERAL ASSEMBLY'S CONFERENCE ON HEALTH CARE REFORM/MANAGED HEALTH CARE; JOINT HISTORIC DRAMAS STUDY COMMITTEE; MUSEUM OF AVIATION FOUNDATION, INC. URGED TO DESIGNATE BUILDING. No. 111 (House Resolution No. 875). A RESOLUTION Creating the Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; creating the Joint Historic Dramas Study Committee; urging the Museum of Aviation Foundation, Inc. to designate a building at the Museum of Aviation in honor of Honorable Roy H. (Sonny) Watson, Jr.; and for other purposes. WHEREAS, this country spends 12 to 13 percent of its gross national product on health care, but there are still 37 million people in the United States who are uninsured; and WHEREAS, although we have more physicians than before, fewer are in the primary care field where they are most needed; and WHEREAS, the spiraling costs of health insurance are causing many employers to discontinue coverage, leaving their

Page 1981

employees vulnerable to financial ruin if they have serious illnesses or accidents; and WHEREAS, although the poorest citizens may qualify for Medicaid, they are often unable to find a physician who will accept Medicaid patients; and WHEREAS, the health status of individuals from ethnic and minority communities in this state is significantly lower than the health status of the general population, and such persons suffer disproportionately from lack of access to health care and effective disease prevention services; and WHEREAS, many counties no longer have hospitals or obstericians located therein which contributes significantly to the alarming infant mortality and morbidity rates in this state; and WHEREAS, medical malpractice actions encourage the practice of defensive medicine thereby driving up health care costs; and WHEREAS, quality assurance issues have created a myraid of conflicting rules, regulations, and guidelines for patients and the health care system to confront; and WHEREAS, a conference devoted to these issues may present an important means toward the development and dissemination of solutions to the above problems. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care. BE IT FURTHER RESOLVED that the steering committee shall consist of: the chairpersons of the House Committees on Appropriations, Education, Governmental Affairs, Health and Ecology, Judiciary, Special Judiciary, and State Planning and Community Affairs; the chairpersons of the Senate Committees on Appropriations, Education, Governmental Operations, Health and Human Services, Judiciary, Special

Page 1982

Judiciary, and Youth, Aging and Human Ecology; ten additional members appointed by the Speaker of the House of Representatives; and ten additional members appointed by the President of the Senate. Such additional members shall include members of the General Assembly, members of the business community, health care providers, and representatives of advocacy groups. The Speaker of the House of Representatives shall appoint the chairperson and the President of the Senate shall appoint the vice chairperson. BE IT FURTHER RESOLVED that the committee is charged with the responsibility of investigating the feasibility of using resources made available from the business community and philanthropic interests to establish or facilitate in Georgia during 1994 a two-day Georgia General Assembly's Conference on Health Care Reform/Managed Health Care and Minority Health with one entire day of such conference being devoted to issues relating to minority health. The committee is authorized to undertake all actions necessary to establish or facilitate such a conference through such resources, provided that no legislative branch funds may be expended to establish or facilitate the conference unless such expenditure is specifically authorized by the Legislative Services Committee. BE IT FURTHER RESOLVED that the members of the steering committee shall serve without compensation, except that the legislative members of the committee shall receive from legislative funds, for each day's service thereon, the allowances authorized for members of legislative interim committees. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Museum of Aviation Foundation, Inc., to designate the new building at the Museum of Aviation as the Roy H. (Sonny) Watson, Jr., Building. BE IT FURTHER RESOLVED that the Clerk of the House of Representative is authorized and directed to transmit an appropriate copy of this resolution to the Museum of Aviation Foundation, Inc. WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia and the

Page 1983

staging of historic dramas is in the best interest of the state, both culturally and economically. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Historic Dramas Study Committee appointed as follows: two members of the House of Representatives appointed by the Speaker, two members of the Senate appointed by the President of the Senate, and five members appointed by the Governor. The committee members shall select one of their own to serve as chairperson who shall call all meetings. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above 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 its objectives and purposes. All legislative committee members shall receive the allowances authorized for legislative members of interim committees for not more than five days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out this resolution shall come from the funds of the legislative branch of government. If the committee makes a report of its findings, recommendations, and suggestions, such report shall be made and the committee shall stand abolished on December 31, 1994. Approved April 19, 1994. AGED AND DISABLED TRANSPORTATION TASK FORCECREATION. No. 112 (House Resolution No. 921). A RESOLUTION Creating the Aged and Disabled Transportation Task Force; and for other purposes.

Page 1984

WHEREAS, the need for dependable, accessible, and affordable transportation affects virtually every aspect of life for senior citizens; and WHEREAS, despite the importance of transportation to the lives of older people, the Senate Older Georgian Transportation Study Committee concluded in 1991, Transportation is the number one problem facing older Georgians. Conversely, the problems are much greater than the resources to meet them. To date, few of the findings of this committee or of the House Study Committee on Elderly Transportation have been addressed; and WHEREAS, public transportation services for older Georgians are limited according to the geographic boundaries of the state's current transportation systems; and WHEREAS, transportation is a particularly critical problem in rural areas where public transportation is extremely limited and where private transportation, if available, is costly and, in turn, cost prohibitive to many older Georgians; and WHEREAS, Georgia's Department of Transportation reports that only 70 of the state's 159 counties participate in the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Section 18 programs, which provide funding for public transportation to nonurban counties which agree to provide matching funds for the programs; and WHEREAS, public transportation also is not accessible to many older Georgians due to their frail health; and WHEREAS, special transportation services, such as curb-to-curb service and designated routes for elderly, even when available, are often not a viable transportation option to these senior citizens due to long waiting lists and the usual requirements of reservations well in advance of need; and WHEREAS, budget limitations further restrict the availability of transportation services to older Georgians. Due to limited funding, transportation to senior centers for meals and

Page 1985

other services, provided through area agencies on aging, is rarely, if ever, available to all eligible elderly persons; and WHEREAS, older persons who do not have access to affordable, dependable transportation may not receive adequate nutrition and timely medical treatment which may later result in the need for more extensive and expensive medical services; and WHEREAS, the Governor's Commission of Effectiveness and Economy in Government (1991) found that many vehicles used to transport the elderly, including a number of passengercarrying vehicles of the Department of Human Resources, are old and need replacement; and WHEREAS, the problem of inadequate transportation for the state's elderly becomes a more critical issue as the number of older Georgians increases. The number of frail elderly in the state (those with two or more disabilities) is expected to increase by 15 percent from 1990 to the year 200; and WHEREAS, there is inadequate coordination between the various agencies which currently provide transportation services to older Georgians; and WHEREAS, the Senate Transportation Task Force held state-wide hearings regarding transportation needs of seniors and made findings and recommendations to address these needs and issued a final report in December of 1990; and WHEREAS, many of the recommendations of the Senate Transportation Task Force have not been implemented by the State of Georgia and such recommendations should be reconsidered and, where appropriate, implemented to address the transportation needs of seniors. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Aged and Disabled Transportation Task Force to be composed of 20 members as follows:

Page 1986

(1) Two members of the Georgia House of Representatives, including at least one member of the House Transportation Committee, to be appointed by the Speaker of the House of Representatives; (2) Two members of the Georgia Senate, including at least one member of the Senate Transportation Committee, to be appointed by the Lieutenant Governor; (3) Five representatives of the Department of Human Resources, to be appointed by the commissioner of human resources, to include one representative of each of the following: the commissioner's office; the Division of Mental Health, Mental Retardation, and Substance Abuse; the Division of Rehabilitation Services; the Division of Aging Services; and the Division of Family and Children Services; (4) Two representatives of the Department of Transportation to be appointed by the commissioner of transportation; (5) One representative of the Department of Medical Assistance to be appointed by the commissioner of medical assistance; (6) Four transportation providers, two to be appointed by the commissioner of human resources, one to be appointed by the commissioner of transportation, and one to be appointed by the commissioner of medical assistance; (7) Two private citizens from the aging community, including at least one individual who uses state administered transportation services, to be appointed by the Georgia Council on Aging; and (8) Two private citizens from the disability community, including at least one individual who uses state administered transportation services, to be appointed by the

Page 1987

Independent Care Advisory Committee of Medical Assistance. The commissioner of human resources shall call all meetings, set the agenda, and prepare the report for the task force. 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 review needs, make recommendations, attempt to resolve needs, and assist in the implementation of transportation services to older Georgians. 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 committee shall be determined by the task force, but the task force shall make every effort to include organizations, associations, experts, and consumers knowledgeable in the fields of transportation and the elderly. 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 a final report to the Governor and the General Assembly no later than December 31, 1994. The task force shall be appointed no later than July 1, 1994, and shall hold its first meeting no later than September 1, 1994. Members of the task force shall not receive compensation for their services on the task force. The funds necessary for the reimbursement of the expenses of any state employee shall come from funds appropriated to or otherwise available to the respective department of that employee. All other support necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the Department of Human Resources. The task force shall stand abolished on December 31, 1994. Approved April 19, 1994.

Page 1988

STATE PROPERTYEASEMENTS TO ATLANTA GAS LIGHT COMPANY; WALKER COUNTY; BELLSOUTH TELECOMMUNICATIONS, INC.; AMICALOLA ELECTRIC MEMBERSHIP CORPORATION; BALDWIN COUNTY BOARD OF EDUCATION; CARLTON COMPANY; NORFOLK SOUTHERN RAILROAD; AND THE CITY OF MILLEDGEVILLE. No. 113 (Senate Resolution No. 467). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of natural gas lines, sanitary sewer lines, telecommunications lines, electrical utilities, and water lines and for changing train crews on certain rail lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty 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 Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty counties, Georgia; and WHEREAS, Atlanta Gas Light Company; Walker Company; BellSouth Telecommunications, Inc.; Amicalola Electric Membership Corporation; Baldwin County Board of Education; Carlton Company; Norfolk Southern Railroad; and the City of Milledgeville desire to operate and maintain natural gas lines, sanitary sewer lines, telecommunications lines, electrical utilities, railroad crew switching sites, or water lines in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these natural gas lines, sanitary sewer lines, telecommunications lines, electrical utilities, railroad crew switching sites, and water lines in, on, over, under, upon, across, or through the above-described state property have been requested and approved by the State Properties Commission, Department of Technical and Adult Education, Department of Natural Resources, Department of Human Resources, Department

Page 1989

of Public Safety, Department of Community Affairs, and Department of Labor with respect to property under the jurisdiction of their respective departments. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1 . That the State of Georgia is the owner of the hereinafter described real property in Fulton 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 Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a natural gas distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a natural gas distribution 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 the City of Atlanta, Fulton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow as shown on a drawing entitled CSX R/R, Lower Pryor Street and prepared by Atlanta Gas Light Company 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 Atlanta Gas Light Company 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,

Page 1990

maintaining, repairing, replacing, inspecting, and operating said natural gas distribution line. Section 4 . That Atlanta Gas Light 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 natural gas distribution line. Section 5 . That, after Atlanta Gas Light Company has put into use the natural gas distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. Section 6 . That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light 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 Atlanta Gas Light 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, Atlanta Gas Light Company shall remove or relocate its facilities at its sole cost and expense. Section 8 . That the easement granted to Atlanta Gas Light 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

Page 1991

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 Atlanta Gas Light Company shall acquire written approval from CSX Transportation, the Livingston Foundation, and any other entity holding an interest in the property so described prior to the granting of said easement. Section 10 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 11 . 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 12 . That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective. Section 13 . 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 14 . That the State of Georgia is the owner of the hereinafter described real property in Walker 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 15 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Walker County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary

Page 1992

sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating 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 Lot 122 of the 8th District of Walker County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow as shown on a plat of survey prepared by Barry E. Savage, Georgia Registered Land Surveyor No. 2575, 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 Walker County to the State Properties Commission for approval. Section 16 . 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 17 . That Walker County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line. Section 18 . That, after Walker County has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Walker County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

Page 1993

Section 19 . That no title shall be conveyed to Walker County, and, except as herein specifically granted to Walker 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 Walker County. Section 20 . 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, Walker County shall remove or relocate its facilities at its sole cost and expense. Section 21 . That the easement granted to Walker 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 22 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 23 . That this grant of easement shall be recorded by the grantee in the Superior Court of Walker County and a recorded copy shall be forwarded to the State Properties Commission. Section 24 . That the authorization in this resolution to grant the above-described easement to Walker County shall expire three years after the date that this resolution becomes effective. Section 25 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

Page 1994

ARTICLE III Section 26 . That the State of Georgia is the owner of the hereinafter described real property in Miller 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 27 . That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications distribution 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 231, 250, 251, and 270 of the 13th District of Miller County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in red on a drawing prepared for the Department of Natural Resources Board Resolution dated December 8, 1993, recommending the action herein authorized, 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 BellSouth Telecommunications, Inc., to the State Properties Commission for approval. Section 28 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications distribution line. Section 29 . That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably

Page 1995

necessary for the proper construction, operation, and maintenance of said telecommunications distribution line. Section 30 . That, after BellSouth Telecommunications, Inc., has put into use the telecommunications distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, BellSouth Telecommunications, Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. Section 31 . That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., 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 BellSouth Telecommunications, Inc. Section 32 . 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, BellSouth Telecommunications, Inc., shall remove or relocate its facilities at its sole cost and expense. Section 33 . That the easement granted to BellSouth Telecommunications, Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

Page 1996

Section 34 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 35 . That this grant of easement shall be recorded by the grantee in the Superior Court of Miller County and a recorded copy shall be forwarded to the State Properties Commission. Section 36 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective. Section 37 . 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 38 . That the State of Georgia is the owner of the hereinafter described real property in Bibb 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 39 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Norfolk Southern Railroad, its successors and assigns, a nonexclusive easement for ingress and egress across real property of the state in Square 16 - Old City and Courthouse Square in Macon, Bibb County, Georgia, on real property planned to be the site of the Music Hall of Fame. Section 40 . That the easement shall be used solely for the purpose of changing train crews on adjacent rail lines and shall be used solely on each occasion to drive a single passenger car or small van to a parking area designated by the State Properties Commission and for pedestrian travel by the crews between the parking area and adjacent lines. The location of

Page 1997

the driveway path for the vehicles, the pedestrian path, and parking space shall be designated or redesignated from time to time by the State Properties Commission. Section 41 . That no title shall be conveyed to Norfolk Southern Railroad, and, except as herein specifically granted to Norfolk Southern Railroad, 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 Norfolk Southern Railroad. Section 42 . That the easement granted to Norfolk Southern Railroad 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. Section 43 . That the consideration for such easement shall be the fair market value but not less than $650.00, or an in-kind equivalent, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia and shall include the release by Norfolk Southern Railroad of all other rights, title, or interest in or respecting the Music Hall of Fame site. Section 44 . That this grant of easement 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. Section 45 . That the authorization in this resolution to grant the above-described easement to Norfolk Southern Railroad shall expire three years after the date that this resolution becomes effective. Section 46 . 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 47 . Reserved. Section 48 . Reserved. Section 49 . Reserved.

Page 1998

ARTICLE V Section 50 . That the State of Georgia is the owner of the hereinafter described real property in Baldwin 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 51 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the Baldwin County Board of Education, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating 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 the 321st Georgia Militia District of Baldwin County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Proposed Easement for Blandy Hills Elementary School and prepared by Baldwin County Board of Education, 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 the Baldwin County Board of Education to the State Properties Commission for approval. Section 52 . That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. Section 53 . 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

Page 1999

reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line. Section 54 . 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, or 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, or its successors and assigns. Section 55 . 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 56 . 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 Baldwin County Board of Education shall remove or relocate its facilities at its sole cost and expense. Section 57 . 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 describes the same easement area herein granted.

Page 2000

Section 58 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 59 . That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 60 . 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 61 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI Section 62 . That the State of Georgia is the owner of the hereinafter described real property in Fulton 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 63 . That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications control cabinet in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications control 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 City of Atlanta, Fulton County, Georgia, and is more particularly described as follows:

Page 2001

That portion and that portion only as shown marked in yellow on a plat of survey entitle Southern Bell Easement and prepared by John R. Christopher, Georgia Registered Land Surveyor No. 1766, dated October 5, 1993, 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 BellSouth Telecommunications, Inc., to the State Properties Commission for approval. Section 64 . That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications control cabinet. Section 65 . That BellSouth Telecommunications, Inc., 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 control cabinet. Section 66 . That, after BellSouth Telecommunications, Inc. has put into use the telecommunications control cabinet for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, BellSouth Telecommunications, Inc., 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 be the property of the State of Georgia, or its successors and assigns. Section 67 . That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., 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 BellSouth Telecommunications, Inc.

Page 2002

Section 68 . 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, BellSouth Telecommunications, Inc., shall remove or relocate its facilities at its sole cost and expense. Section 69 . That the easement granted to BellSouth Telecommunications, Inc., 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 70 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 71 . 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 72 . That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective. Section 73 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VII Section 74 . That the State of Georgia is the owner of the hereinafter described real property in Dougherty 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.

Page 2003

Section 75 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Carlton Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating 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 City of Albany, Dougherty County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in red on that certain revocable license agreement dated May 21, 1993, being Real Property Record number 8298, 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 Carlton Company to the State Properties Commission for approval. Section 76 . 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 77 . That the Carlton 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 sanitary sewer line. Section 78 . That, after Carlton Company has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Carlton Company, or its successors and assigns, shall have the option of removing its facilities from

Page 2004

the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. Section 79 . That no title shall be conveyed to the Carlton Company, and, except as herein specifically granted to Carlton 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 Carlton Company. Section 80 . 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, Carlton Company shall remove or relocate its facilities at its sole cost and expense. Section 81 . That the easement granted to Carlton 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 82 . 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 83 . That this grant of easement shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. Section 84 . That the authorization in this resolution to grant the above-described easement to Carlton Company shall expire three years after the date that this resolution becomes effective.

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Section 85 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII Section 86 . That the State of Georgia is the owner of the hereinafter described real property in Dawson 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 87 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Amicalola Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground electrical power line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing an underground electrical power 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 along High Shoals Road a distance of approximately 930 feet in Dawson County, Georgia, and is more particularly described as follows: That portion and that portion only marked in red as shown on a drawing prepared by the Department of Natural Resources as an attachment to their Board Resolution, and on file in the offices of the State Properties Commission and shall be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Amicalola Electric Membership Corporation to the State Properties Commission for approval. Section 88 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said underground electrical power line.

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Section 89 . That Amicalola 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 underground electrical power line. Section 90 . That, after Amicalola Electric Membership Corporation has put into use the underground electrical power line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Amicalola Electric 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, or its successors and assigns. Section 91 . That no title shall be conveyed to Amicalola Electric Membership Corporation, and, except as herein specifically granted to Amicalola 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 Amicalola Electric Membership Corporation. Section 92 . 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, Amicalola Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. Section 93 . That the easement granted to Amicalola 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

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as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 94 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 95 . That this grant of easement shall be recorded by the grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. Section 96 . That the authorization in this resolution to grant the above-described easement to Amicalola Electric Membership Corporation shall expire three years after the date that this resolution becomes effective. Section 97 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX Section 98 . That the State of Georgia is the owner of the hereinafter described real property in Baldwin 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 99 . That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Milledgeville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing a water distribution 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

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in the 320th Georgia Militia District of Baldwin County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a plat of survey entitled Proposed water line from Chatham Street to Oconee Regional Medical Center dated June 9, 1993, and revised July 14, 1993 prepared by Ogletree and Associates, 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 the City of Milledgeville to the State Properties Commission for approval. Section 100 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water distribution line. Section 101 . That the City of Milledgeville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water distribution line. Section 102 . That, after the City of Milledgeville has put into use the water distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Milledgeville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. Section 103 . That no title shall be conveyed to the City of Milledgeville, and, except as herein specifically granted to the City of Milledgeville, 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

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or detrimental to the rights, privileges, and interest granted to the City of Milledgeville. Section 104 . 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 Milledgeville shall remove or relocate its facilities at its sole cost and expense. Section 105 . That the easement granted to the City of Milledgeville 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 106 . That the consideration for such easement shall be the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 107 . That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 108 . That the authorization in this resolution to grant the above-described easement to the City of Milledgeville shall expire three years after the date that this resolution becomes effective. Section 109 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE X Section 110 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 111 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 19, 1994. GEORGIA DISTANCE LEARNING AND TELEMEDICINE ACT OF 1992UNIVERSAL SERVICE FUND; USE FOR DISTANCE LEARNING AND TELEMEDICINE PURPOSES. Code Section 50-5-200 Amended. No. 1266 (House Bill No. 676). AN ACT To amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Distance Learning and Telemedicine Act of 1992, so as to extend the time during which a portion of the Universal Service Fund may be used for designated purposes by the Public Service Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Distance Learning and Telemedicine Act of 1992, is amended by striking in its entirety Code Section 50-5-200, relating use of funds in the Universal Service Fund not used for qualifying hardship assistance filings, and inserting in lieu thereof a new Code Section 50-5-200 to read as follows:

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50-5-200. (a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing. (b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services for said purposes within three years after March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1994.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1994 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

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STATE BOARD OF PARDONS AND PAROLESPOWERS; MANDATORY SERVICE OF SENTENCES; SENTENCES OF LIFE WITHOUT PAROLE. Proposed Amendment to the Constitution. No. 114 (Senate Resolution No. 395). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law approved by two-thirds of the members thereof provide for mandatory service of sentence for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence; to provide that the General Assembly in the same manner may provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who subsequently commit and are convicted of one of such offenses and to prohibit such cases; to provide for the ratification and approval of certain previously enacted laws; to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with resoect to certain elderly persons; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article IV, Section II, Paragraph II of the Constitution is amended by striking subparagraphs (b) and (e) in their entirety and inserting in lieu thereof new subparagraphs (b) and (e) to read as follows:

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(b) (1) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. (2) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for minimum mandatory sentences and for sentences which are required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence. (3) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who having been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been previously convicted under the laws of any other state or of the United States of a crime which if committed in this state would be one of those offenses and who after such previous conviction subsequently commits and is convicted of one of those offenses and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation from any portion of such sentence. (4) Any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.

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(e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime or to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness or parole any person who is age 62 or older. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly may by general law approved by two-thirds of the members thereof provide for mandatory service of sentences for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence; to provide that the General Assembly in the same manner may provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who have been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and who subsequently commit and are convicted of one of such offenses and to prohibit such board from granting a pardon, parole, or commutation in such cases;

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to provide for the ratification and approval of previously enacted laws providing for limitations on suspension, probation, or parole in certain cases; and to provide exceptions with respect to a person convicted of a crime who is subsequently determined to be innocent of said crime or is determined to be medically incapacitated and to provide an exception with respect to certain elderly persons? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 20, 1994. ALCOHOLIC BEVERAGESREGULATION BY THE STATE, COUNTIES, AND MUNICIPALITIES; EXHIBITION OF NUDITY. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 709). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amendment to the United States Constitution; to provide that this regulatory power of the state may be exercised in certain cases by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state or may be exercised by general law;

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to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section VI of the Constitution is amended by adding at its end a new Paragraph VII to read as follows: Paragraph VII. Regulation of alcoholic beverages . The State of Georgia shall have full and complete authority to regulate alcoholic beverages and to regulate, restrict, or prohibit activities involving alcoholic beverages. This regulatory authority of the state shall include all such regulatory authority as is permitted to the states under the Twenty-First Amendment to the United States Constitution. This regulatory authority of the state is specifically delegated to the counties and municipalities of the state for the purpose of regulating, restricting, or prohibiting the exhibition of nudity, partial nudity, or depictions of nudity in connection with the sale or consumption of alcoholic beverages; and such delegated regulatory authority may be exercised by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state. A general law exercising such regulatory authority shall control over conflicting provisions of any local ordinance but shall not preempt any local ordinance provisions not in direct conflict with general law. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution of the State of Georgia be amended so that alcoholic beverages and activities involving nudity and alcoholic beverages, such as in nude dance clubs, may be regulated, restricted, or prohibited by counties and municipalities and so that the state shall have full and complete authority to regulate alcoholic beverages under the powers granted by the Twenty-First Amendment to the United States Constitution? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. COURTSNONUNIFORM PILOT PROJECTS. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 712). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges within classes of courts; to provide for a two-thirds' majority in each house to enact such legislation; to provide that such legislation shall name the judicial circuit, political subdivision, and existing courts affected and may grant certain equitable powers to such pilot program court but shall not deny equal protection of the

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laws to any person; to provide for general law setting out a procedure for submission of such proposed legislation to the Judicial Council of Georgia; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VI, Section I of the Constitution is amended by inserting a new Paragraph, to be designated Paragraph X, to read as follows: Paragraph X. Authorization for pilot projects . The General Assembly may by general law approved by a two-thirds' majority of the members of each house enact legislation providing for, as pilot programs of limited duration, courts which are not uniform within their classes in jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges for such pilot courts and other matters relative thereto. Such legislation shall name the political subdivision, judicial circuit, and existing courts affected and may, in addition to any other power, grant to such court created as a pilot program the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. The General Assembly shall provide by general law for a procedure for submitting proposed legislation relating to such pilot programs to the Judicial Council of Georgia or its successor. Legislation enacted pursuant to this Paragraph shall not deny equal protection of the laws to any person in violation of Article I, Section I, Paragraph II of this Constitution. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize the General Assembly, upon a two-thirds' majority vote of each house, to enact general legislation naming the political subdivision, judicial circuit, and existing courts affected and providing for, as pilot projects of limited duration, nonuniformity of jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges within classes of courts and granting certain equitable powers to such pilot program courts, as long as such legislation does not deny equal protection of the laws to any person? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. HEALTH CARE PROVIDERSCONTRACTS AND AGREEMENTS WHICH MAY LESSEN COMPETITION. Proposed Amendment to the Constitution. No. 117 (House Resolution No. 943). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agreements among health care providers and

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other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages; to provide that any such contracts shall be continuously monitored; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section VI, Paragraph V of the Constitution is amended by inserting at the end thereof the following: (f) Notwithstanding the provisions of subparagraph (c) of this Paragraph, the General Assembly shall have the power by general law to authorize contracts and agreements among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if, according to criteria established by the General Assembly, the benefits to the public of such contracts or agreements outweigh the disadvantages of lessened competition, provided that any such law shall provide for the continuous monitoring of such contracts or agreements to ensure that such advantages continue to outweigh such disadvantages. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly shall have the power by general law to authorize contracts or agreements among health care providers and others for the provision of health care services which may have the effect of lessening competition if the benefits and advantages to the public of such contracts or agreements outweigh the disadvantages?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. RAFFLES BY NONPROFIT ORGANIZATIONSDECLARED TO BE LAWFUL; RESTRICTION, REGULATION, OR PROHIBITION BY LAW. Proposed Amendment to the Constitution. No. 118 (Senate Resolution No. 107). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article I, Section II, Paragraph VIII of the Constitution is amended by adding at its end a new subparagraph (d) to read as follows: (d) On and after January 1, 1995, the holding of raffles by nonprofit organizations shall be lawful and shall not be prohibited by any law enacted prior to January 1, 1994. Laws enacted on or after January 1, 1994, however, may restrict, regulate, or prohibit the operation of such raffles.

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Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the holding of raffles by non-profit organization shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. COUNTIES AND MUNICIPALITIESAD VALOREM TAX SHARING; REGIONAL FACILITIES; CONTRACTS. Proposed Amendment to the Constitution. No. 119 (Senate Resolution No. 203). A RESOLUTION Proposing an amendment to the Constitution so as to authorize counties and municipalities to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such counties or municipalities with certain other neighboring counties and municipal corporations with which the assessing county or municipality has contracted for the purpose of development of regional facilities

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by such counties or municipalities; to provide for a definition; to provide for the allocation of certain other revenues; to provide for the public or private initiation of facilities; to provide for contract provisions concerning sharing of expenses and benefits and other matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA Section 1 . Article IX, Section IV of the Constitution is amended by adding a new Paragraph IV to read as follows: Paragraph IV. Tax allocation; regional facilities . As used in this Paragraph, the term `regional facilities' means industrial parks, business parks, conference centers, convention centers, airports, athletic facilities, recreation facilities, jails or correctional facilities, or other similar or related economic development parks, centers, or facilities or any combination thereof. Notwithstanding any other provision of this Constitution, a county or municipality is authorized to enter into contracts with: (1) any county which is contiguous to such county or the county in which such municipality is located; (2) any municipality located in such a contiguous county or the same county; or (3) any combination thereof. Any such contract may be for the purpose of allocating the proceeds of ad valorem taxes assessed and collected on real property located in such county or municipality with such other counties or municipalities with which the assessing county or municipality has entered into agreements for the development of one or more regional facilities and the allocation of other revenues generated from such regional facilities. Any such regional facility may be publicly or privately initiated. The allocation of such tax proceeds and other revenues shall be determined by contract between the affected local governments. Such contract shall provide for the manner of development, operation, and management of the regional facility and the sharing of expenses among the contracting local governments and shall specify the percentage of ad valorem taxes and other revenuew to be allocated and the method of allocation to each contracting local government. Unless otherwise provided by law, such a

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regional facility will qualify for the greatest dollar amount of income tax credits which may be provided for by general law for any of the counties or municipalities which have entered into an agreement for the development of the regional facility, regardless of the county or municipality in which the business is physically located. The authority granted to counties and municipalities under this Paragraph shall be subject to any conditions, limitations, and restrictions which may be imposed by general law. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize counties and cities to contract with neighboring counties and cities concerning regional facilities and the sharing of support of and benefits from such regional facilities? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of April 1, 1994 WILLIS B. HUNT, JR. Chief Justice ROBERT BENHAM Justice GEORGE H. CARLEY Justice NORMAN S. FLETCHER Justice CAROL W. HUNSTEIN Justice LEAH SEARS-COLLINS Justice HUGH P. THOMPSON 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, 1994 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 J. D. SMITH Judge VICTORIA McLAUGHLIN Clerk GAIL ARCENEAUX Special Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. ABBOTT Assistant Reporter

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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of April 1, 1994 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 ROBERT (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. SORRELLIS, 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 2079, 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

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ATLANTA CIRCUIT HONS. ISAAC JENRETTE, Chief Judge, 185 Central Avenue, Suite T8905, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 185 Central Avenue, Suite T4855, Atlanta, GA 30303 JOSEPHINE COOK, Judge, 185 Central Avenue, Suite T4755, Atlanta, GA 30303 WILLIAM W. DANIEL, Judge, 185 Central Avenue, Suite T8655, Atlanta, GA 30303 FRANK M. ELDRIDGE, Judge, 185 Central Avenue, Suite T4955, Atlanta, GA 30303 PHILIP F. ETHERIDGE, Judge, 185 Central Avenue, Suite T8705, Atlanta, GA 30303 JOEL L. FRYER, Judge, 185 Central Avenue, Suite T8955, Atlanta, GA 30303 WILLIAM B. HILL, JR., Judge, 185 Central Avenue, Suite T8755, Atlanta, GA 30303 FRANK HULL, Judge, 185 Central Avenue, Suite T4705, Atlanta, GA 30303 DON A. LANGHAM, Judge, 185 Central Avenue, Suite T8855, Atlanta, GA 30303 ELIZABETH LONG, Judge, 185 Central Avenue, Suite T4655, Atlanta, GA 30303 THELMA WYATT-CUMMINGS-MOORE, Judge, 185 Central Avenue, Suite T4905, Atlanta, GA 30303 LEWIS R. SLATON, D.A., 136 Pryor Street, Room 301, Atlanta, GA 30335 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 31313-0713 JAMES EMORY FINDLEY, Judge, P.O. Box 910, Reidsville, GA 30453-0910 DUPONT KIRK CHENEY, D.A., P.O. Box 9, Hinesville, GA 31313-0009 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 May; first Monday in December TattnallThird Monday in April and October

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AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Chief Judge, 305 City-County Building, Augusta, GA 30911 BERNARD J. MULHERIN, SR., Judge, 305 City-County Building, Augusta, GA 30911 J. CARLISLE OVERSTREET, Judge, 320 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 DANIEL J. CRAIG, D.A., 551 Greene Street, Augusta, GA 30901 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, 100 North Street, Suite 20, Canton, GA 30114-2707 RICHARD S. (STAN) GAULT, Judge, 160 Forsyth County Courthouse, Cumming, GA 30130-2430 C. MICHAEL ROACH, Judge, 130 E. Main Street, Suite 210, 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. A. BLENN TAYLOR, JR., Chief Judge, P.O. Box 879, Brunswick, GA 31521-0879 JAMES R. TUTEN, JR., Judge, P.O. Box 1473, Brunswick, GA 31521-1473 AMANDA F. WILLIAMS, Judge, P.O. Box 879, Brunswick, GA 31521-0879 E. M. WILKES, III, Judge, P.O. Box 1504, Hazlehurst, GA 31539 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

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CHATTAHOOCHEE CIRCUIT HONS. E. MULLINS WHISNANT, Chief Judge, P.O. Box 1340, Columbus, GA 31902-1340 KENNETH B. FOLLOWILL, Judge, P.O. Box 1340, Columbus, GA 31902-1340 JOHN D. ALLEN, Judge, P.O. Box 1340, Columbus, GA 31902-1340 WILLIAM J. (BILL) SMITH, Judge, P.O. Box 1340, Columbus, GA 31902-1340 DOUGLAS C. PULLEN, D.A., P.O. Box 1340, Government Center, Columbus, GA 31902 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 30703-1117 SHEPERD LEE HOWELL, Judge, 135 W. Cherokee Avenue, Suite 322, Cartersville, GA 30120 JEFFERSON DAVIS, JR., Judge, P.O. Box 1986, Cartersville, GA 30120 T. JOSEPH CAMPBELL, D.A., 135 W. Cherokee Street, Frank Moore Judicial Building, Suite 368, 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 MATT SIMMONS, Judge, 209 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., 101 Clayton County Courthouse, 121 S. McDonough Street, Annex 2, Jonesboro, GA 30236 ClaytonFirst Monday in February, May, August, and November

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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, Cobb County Admin. Bldg., Suite 330, Marietta, GA 30090-9619 CobbSecond Monday in January, March, May, July, September, and November CONASAUGA CIRCUIT HONS. COY H. TEMPLES, Chief Judge, P.O. Box 732, Dalton, GA 30722 WILLIAM T. BOYETT, Judge, P.O. Box 2582, Dalton, GA 30722 CHARLES A. PANNELL, JR., Judge, P.O. Box 596, Dalton, GA 30722 JACK PARTAIN III, D.A., P.O. Box 953, Dalton, GA 30722-0953 MurraySecond Monday in February and August WhitfieldSecond Monday in January and July 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 31015-5510 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., 118 Ridley Avenue, LaGrange, GA 30240 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

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DOUGHERTY CIRCUIT HONS. ASA D. KELLEY, JR., Chief Judge, P.O. Box 1827, Albany, GA 31702-1827 LORING ALBERT GRAY, JR., Judge, P.O. Box 1827, Albany, GA 31702-1827 BRITT R. PRIDDY, D.A., 225 Pine Street, P.O. Box 1827, Albany, GA 31702-1827 DoughertySecond Monday in January, March, May, July, September, and November DOUGLAS CIRCUIT HONS. ROBERT J. (BOB) JAMES, Chief Judge, P.O. Box 794, Douglasville, GA 30133 DAVID T. EMERSON, Judge, P.O. Box 797, Douglasville, GA 30133 DAVID McDADE, D.A., Douglas County Courthouse, Room 205, 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, Senior Judge, P.O. Box 2117, Dublin, GA 31040 H. GIBBS FLANDERS, JR., Judge, P.O. Box 2100, 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. PERRY BRANNEN, JR., Chief Judge, 204 Chatham County Courthouse, 133 Montgomery Street, Savannah, GA 31499 CHARLES B. MIKELL, JR., Judge, 203 Chatham County Courthouse, 133 Montgomery Street, Savannah, GA 31401 JAMES W. HEAD, Judge, 209 Chatham County Courthouse, 133 Montgomery Street, Savannah, GA 31499 MICHAEL L. KARPF, Judge, 212 Chatham County Courthouse, 133 Montgomery Street, Savannah, GA 31401-3239 SPENCER LAWTON, JR., D.A., 133 Montgomery Street, P.O. Box 2309, Savannah, GA 31402 ChathamFirst Monday in March, June, September, and December

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ENOTAH CIRCUIT HONS. HUGH W. STONE, Chief Judge, 114 Courthouse Street, Box 2, Blairsville, GA 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 FLINT CIRCUIT HONS. WILLIAM H. CRAIG, Chief Judge, Henry County Courthouse, 2nd Floor, McDonough, GA 30253-3220 E. BYRON SMITH, Judge, Lamar County Courthouse, Box 5, Barnesville, GA 30204 TOMMY K. FLOYD, D.A., Henry County Courthouse, No. 1 Courthouse Square, McDonough, GA 30253-3220 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 JOHNNIE CALDWELL, D.A., P.O. Box 871, Thomaston, GA 30286 FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June, and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT HONS. HOMER M. STARK, Chief Judge, 75 Langley Drive, Lawrenceville, GA 30245 FRED A. BISHOP, JR., Judge, 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 30245 K. DAWSON JACKSON, Judge, 75 Langley Dr., Lawrenceville, GA 30245 RICHARD T. WINEGARDEN, Judge, 75 Langley Dr., Lawrenceville, GA 30245 DANIEL PORTER, D.A., 75 Langley Dr., Lawrenceville, GA 30245 GwinnettFirst Monday in January, March, May, July, and November; second Monday in September

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HOUSTON CIRCUIT HONS. L.A. McCONNELL, JR., Chief Judge, 300 Houston County Courthouse, Perry, GA 31069 GEORGE FRANCIS NUNN, JR., Judge, 300 Houston County Courthouse, Perry, GA 31069 EDWARD D. LUKEMIRE, D.A., 1009 Jernigan St., Perry, GA 31069 HoustonFirst Monday in January, March, May, July, September, and November LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. LOGGINS, Chief Judge, P.O. Box 464, Summerville, GA 30747 KRISTINA C. CONNELLY, Judge, P.O. Box 179, 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 ChattogaFirst 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 G. 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 CHARLES H. WESTON, D.A., 661 Mulberry Street, 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 31082-1015 MARVIN B. HARTLEY, JR., Judge, P.O. Box 869, Lyons, GA 30436-0869 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

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MOUNTAIN CIRCUIT HONS. ROBERT B. STRUBLE, Chief Judge, P.O. Box 758, Toccoa, GA 30577 E. H. (BUCKY) WOODS III, Judge, P.O. Box 485, Clarkesville, GA 30523 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 NORTHEASTERN CIRCUIT HONS. RICHARD WAYNE STORY, Chief Judge, P.O. Box 1778, Gainesville, GA 30503 JOHN GIRARDEAU, Judge, P.O. Box 49, Gainesville, GA 30503 C. ANDREW FULLER, Judge, P.O. Box 3362, Gainesville, GA 30503 LYDIA SARTAIN, 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 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 515, 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, P.O. 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 TIMOTHY VAUGHN, Acting D.A., P.O. Box 1027, Eastman, GA 31023-1027 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. Drawer 30, 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 TIMOTHY G. MADISON, D.A., P.O. Box 276, Jefferson, GA 30549 BanksFirst and second Mondays in April and October BarrowLast Monday in January; first and second Mondays in February; second and third Mondays in August; first and second Mondays in May and November JacksonFirst and second Mondays in March; second and third Mondays in September

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ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, JR., Chief Judge, P.O. Box 978, Conyers, GA 30207 SIDNEY L. NATION, Judge, P.O. Box 289, Conyers, GA 30207 CHERYL FISHER CUSTER, D.A., 922 Court Street, Room 303, 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 STEPHEN F. LANIER, D.A., Floyd County Courthouse, Rome, GA 30160 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 31717-0065 WILLARD H. CHASON, Judge, P.O. Box 729, Cairo, GA 31728 J. BROWN MOSELEY, D.A., P.O. Drawer 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 and 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 31603H. 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 30030-3356 ROBERT JOSEPH CASTELLANI, Judge, 402 DeKalb County Courthouse, Decatur, GA 30030-3356 DANIEL M. COURSEY, JR., Judge, 303 DeKalb County Courthouse, Decatur, GA 30030-3356 MICHAEL E. HANCOCK, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030-3356 LINDA WARREN HUNTER, Judge, 505 DeKalb County Courthouse, Decatur, GA 30030-3356 ROBERT P. MALLIS, Judge, 905 DeKalb County Courthouse, Decatur, GA 30030-3356 CLARENCE F. (CHUCK) SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030-3356 JAMES H. (JIM) WEEKS, Judge, 900 DeKalb County Courthouse, Decatur, GA 30030-3356 GAIL C. FLAKE, Judge, 504 DeKalb County Courthouse, Decatur, GA 0030-3356 J. TOM MORGAN, D.A., 700 DeKalb County Courthouse, Decatur, GA 30030-3356 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 349, Buchanan, GA 30113 HaralsonThird Monday in January and August PauldingThird Monday in February and September PolkThird Monday in March and July

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TIFTON CIRCUIT HONS. W.J. FOREHAND, Chief Judge, P.O. Box 1465, Tifton, GA 31793-1465 JOHN D. CROSBY, Judge, P.O. Box 891, Tifton, GA 31793-0891 C. PAUL BOWDEN, D.A., P.O. Box 1252, Tifton, GA 31794 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. Drawer 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 31533-1205 CLARENCE D. BLOUNT, Judge, Ware County Courthouse, Waycross, GA 31501-3549 JOSEPH B. NEWTON, Judge, P.O. Box 1507, Waycross, GA 31502 RICHARD CURRIE, D.A., Ware County Courthouse, Waycross, GA 31501-3516 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 30603-8045 LAWTON E. STEPHENS, Judge, P.O. Box 8064, Athens, GA 30603-8064 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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INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Alcoholic beverages; regulation by the state, counties and municipalities; exhibition of nudity 2018 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts 2025 Courts; nonuniform pilot projects 2020 Health care providers; contracts or agreements which may have the effect of lessening competition 2022 Raffles by nonprofit organizations; legality; regulation 2024 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole 2015 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-4-11; enacted 1403 Code Section 2-7-92; amended 97 Code Title 2, Chapter 11, Article 4; enacted 1761 Code Sections 2-11-70 thru 2-11-77; enacted 1761 Code Section 2-14-41.1; enacted 1716 Code Section 3-1-2; amended 553 Code Section 3-3-7; amended 237 Code Section 3-3-7; amended 395 Code Section 3-3-24.1; amended 237 Code Section 3-4-25; amended 553 Code Section 3-4-90; amended 553 Code Section 3-4-90; amended 237 Code Section 3-6-23; amended 97 Code Section 3-9-10; amended 553 Code Section 3-9-11; amended 553 Code Title 4, Chapter 14; enacted 999 Code Sections 4-14-1 thru 4-14-5; enacted 999 Code Section 5-6-34; amended 347 Code Section 5-6-35; amended 347 Code Section 5-6-46; amended 346 Code Section 5-7-1; amended 311 Code Section 5-7-1; amended 1012 Code Section 5-7-1.1; enacted 856 Code Section 7-1-321; amended 1780 Code Section 7-1-620; amended 215 Code Section 7-1-621; amended 215 Code Section 7-1-622; amended 215 Code Section 7-1-623; amended 215 Code Section 7-1-624; amended 215 Code Section 7-1-625; amended 215 Code Section 7-1-627; enacted 215 Code Section 7-1-658; amended 1780

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Code Section 7-1-682; amended 1780 Code Section 7-1-702; amended 1780 Code Section 7-1-705; amended 1780 Code Section 7-1-912; amended 1780 Code Section 7-1-913; amended 1780 Code Section 7-1-1000; amended 570 Code Section 7-1-1001; amended 570 Code Section 7-1-1003; amended 570 Code Section 7-1-1004; amended 570 Code Section 7-1-1005; amended 570 Code Section 7-1-1006; amended 97 Code Section 7-1-1006; amended 570 Code Section 7-1-1008; amended 570 Code Section 7-1-1010; amended 570 Code Section 7-1-1011; amended 570 Code Section 7-1-1014; amended 570 Code Section 7-1-1016; amended 570 Code Section 7-1-1017; amended 570 Code Section 7-1-1018; amended 570 Code Section 7-1-1019; amended 97 Code Section 7-1-1021; enacted 570 Code Section 7-8-1; amended 97 Code Section 8-2-23; amended 1108 Code Section 8-2-31; amended 97 Code Section 8-3-50; amended 237 Code Title 8, Chapter 3, Article 6; enacted 471 Code Sections 8-3-330 thru 8-3-332; enacted 471 Code Section 9-11-28; amended 1007 Code Section 9-12-93; amended 310 Code Section 9-14-53; amended 97 Code Section 9-15-14; amended 856 Code Section 10-1-8; amended 696 Code Section 10-1-255; amended 97 Code Section 10-1-310; amended 1368 Code Title 10, Chapter 1, Article 14A; enacted 1915 Code Sections 10-1-360 thru 10-1-362; enacted 1915 Code Section 10-1-441; amended 97 Code Section 10-1-492; amended 161 Code Section 10-1-661; amended 97 Code Section 10-1-830; amended 1165 Code Section 10-1-831; amended 1165 Code Section 10-1-832; amended 1165 Code Section 10-1-833; amended 1165 Code Section 10-1-834; amended 1165 Code Section 10-1-835; amended 1165 Code Section 10-1-837; enacted 1165 Code Section 10-1-838; enacted 1165 Code Section 10-1-871; amended 97 Code Section 10-1-873; amended 97 Code Section 10-1-891; amended 97 Code Section 10-1-893; amended 97 Code Section 10-2-5; amended 97 Code Section 10-4-102; amended 97

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Code Section 10-5-2; amended 860 Code Section 10-5-10; amended 860 Code Title 10, Chapter 5B; enacted 536 Code Sections 10-5B-1 thru 10-5B-8; enacted 536 Code Section 10-7-24; amended 746 Code Section 10-7-31; enacted 870 Code Section 10-9-3; amended 421 Code Section 10-9-12; amended 421 Code Section 10-9-13; amended 421 Code Section 10-9-16.2; enacted 421 Code Section 11-9-105; amended 1693 Code Section 11-9-302; amended 1693 Code Section 11-9-313; amended 1693 Code Section 11-9-318; amended 1693 Code Section 11-9-401; amended 1693 Code Section 11-9-402; amended 1693 Code Section 11-9-403; amended 1693 Code Section 11-9-404; amended 1693 Code Section 11-9-405; amended 1693 Code Section 11-9-406; amended 1693 Code Section 11-9-407; amended 1693 Code Section 11-9-409; enacted 1693 Code Section 11-12-101; amended 1693 Code Section 11-12-102; amended 1693 Code Section 12-2-2; amended 1101 Code Section 12-3-3; amended 173 Code Section 12-3-481; amended 590 Code Section 12-3-524; amended 493 Code Title 12, Chapter 3, Article 7, Part 12; enacted 1251 Code Sections 12-3-560 thru 12-3-574; enacted 1251 Code Section 12-5-4; enacted 863 Code Section 12-5-31; amended 863 Code Section 12-5-38.1; amended 97 Code Section 12-5-38.1; amended 555 Code Section 12-5-96; amended 863 Code Section 12-7-3; amended 1650 Code Section 12-7-6; amended 1650 Code Section 12-7-7; amended 1650 Code Section 12-7-8; amended 1650 Code Section 12-7-12; amended 1650 Code Section 12-7-15; amended 1650 Code Section 12-7-17; amended 1650 Code Section 12-8-24; amended 1922 Code Section 12-8-30.8; amended 1101 Code Section 12-8-54; amended 1101 Code Section 12-8-66; amended 483 Code Section 12-8-69; amended 483 Code Section 12-8-82; amended 1101 Code Section 12-8-92; amended 483 Code Section 12-8-94; amended 1101 Code Section 12-8-94; amended 483 Code Section 12-8-95.1; amended 483 Code Section 12-8-161; amended 1101

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Code Section 12-13-3; amended 804 Code Section 12-13-8; amended 804 Code Section 12-13-9; amended 804 Code Section 12-13-10; amended 804 Code Section 12-13-11; amended 804 Code Section 12-13-12; amended 804 Code Section 12-13-13; amended 804 Code Section 12-13-14; amended 804 Code Section 12-13-18; amended 804 Code Section 12-13-19; amended 804 Code Section 12-13-20; amended 804 Code Section 13-8-35; amended 97 Code Title 13, Chapter 11; enacted 1398 Code Sections 13-11-1 thru 13-11-11; enacted 1398 Code Section 14-2-142; amended 97 Code Section 14-3-854; amended 97 Code Section 14-3-856; amended 97 Code Section 14-4-40; amended 694 Code Section 14-8-2; amended 1674 Code Section 14-8-7; amended 97 Code Section 14-8-9; amended 97 Code Section 14-8-23; amended 97 Code Section 14-8-38; amended 97 Code Section 14-8-44; enacted 1674 Code Section 14-8-45; enacted 1674 Code Section 14-8-46; enacted 1674 Code Section 14-8-47; enacted 1674 Code Section 14-8-48; enacted 1674 Code Section 14-8-49; enacted 1674 Code Section 14-8-50; enacted 1674 Code Section 14-8-51; enacted 1674 Code Section 14-8-52; enacted 1674 Code Section 14-8-53; enacted 1674 Code Section 14-8-54; enacted 1674 Code Section 14-8-55; enacted 1674 Code Section 14-8-56; enacted 1674 Code Section 14-8-57; enacted 1674 Code Section 14-8-58; enacted 1674 Code Section 14-8-59; enacted 1674 Code Section 14-8-60; enacted 1674 Code Section 14-8-61; enacted 1674 Code Section 14-9-201; amended 161 Code Section 14-9-801; amended 161 Code Section 14-9-805; enacted 161 Code Section 14-11-204; amended 161 Code Section 14-11-208; amended 97 Code Section 14-11-308; amended 161 Code Section 14-11-611; enacted 161 Code Section 14-11-901; amended 97 Code Section 14-11-904; amended 97 Code Section 14-11-1012; amended 97 Code Section 14-11-1107; amended 97 Code Section 15-6-3; amended 360

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Code Section 15-6-3; amended 1052 Code Section 15-6-18; amended 1052 Code Section 15-6-27; amended 97 Code Section 15-6-28; amended 97 Code Section 15-6-28.1; amended 97 Code Section 15-6-30; amended 97 Code Section 15-6-61; amended 1693 Code Section 15-6-64; repealed 237 Code Section 15-6-67; amended 1096 Code Section 15-6-77; amended 1693 Code Section 15-6-85; repealed 607 Code Section 15-6-88; amended 620 Code Section 15-6-90; amended 97 Code Section 15-6-90; amended 620 Code Section 15-6-91; amended 97 Code Section 15-6-92; amended 97 Code Section 15-6-94; amended 665 Code Section 15-6-95; amended 97 Code Section 15-6-96; enacted 671 Code Section 15-9-4; amended 1665 Code Section 15-9-10; amended 237 Code Section 15-9-17; enacted 725 Code Section 15-9-30.5; enacted 1163 Code Section 15-9-36; amended 1665 Code Section 15-9-60; amended 1173 Code Section 15-9-60; amended 97 Code Section 15-9-63; amended 620 Code Section 15-9-65; amended 620 Code Section 15-9-105; amended 97 Code Section 15-9-120; amended 1665 Code Section 15-10-120; amended 607 Code Section 15-10-62; amended 292 Code Section 15-10-63; amended 292 Code Section 15-10-82; amended 1787 Code Section 15-10-200; amended 1787 Code Section 15-10-203; enacted 865 Code Section 15-11-5; amended 1012 Code Section 15-11-5.1; enacted 1012 Code Section 15-11-10; amended 562 Code Section 15-11-13; amended 1012 Code Section 15-11-17; amended 1012 Code Section 15-11-19; amended 1012 Code Section 15-11-20; amended 1012 Code Section 15-11-35; amended 1012 Code Section 15-11-35.1; amended 1012 Code Section 15-11-37; amended 1625 Code Section 15-11-37; amended 1012 Code Section 15-11-38; amended 1012 Code Section 15-11-39; amended 1012 Code Section 15-11-40; amended 1012 Code Section 15-11-58; amended 97 Code Section 15-11-60; amended 1012 Code Section 15-11-66; enacted 417

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Code Section 15-12-40.1; enacted 408 Code Section 15-12-61; amended 607 Code Section 15-12-67; amended 874 Code Section 15-12-71; amended 607 Code Section 15-12-75; repealed 607 Code Section 15-12-76; repealed 607 Code Section 15-12-78; amended 607 Code Section 15-12-79; repealed 607 Code Section 15-12-83; amended 237 Code Section 15-14-33; enacted 1007 Code Section 15-14-36; amended 1007 Code Section 15-14-37; amended 1007 Code Section 15-16-1; amended 521 Code Section 15-16-5; amended 747 Code Section 15-16-8; amended 521 Code Section 15-16-8; amended 237 Code Section 15-16-20; amended 620 Code Section 15-16-23; amended 747 Code Section 15-16-27; amended 1179 Code Section 15-18-14; amended 97 Code Section 15-18-18; amended 97 Code Section 15-18-22; amended 313 Code Section 15-20-3; amended 97 Code Section 15-20-4; amended 97 Code Section 15-21-100; amended 97 Code Section 15-21-112; amended 1800 Code Section 16-5-5; enacted 1370 Code Section 16-5-21; amended 1920 Code Section 16-5-21; amended 1012 Code Section 16-5-24; amended 1012 Code Section 16-5-40; amended 1959 Code Section 16-5-44.1; enacted 1625 Code Section 16-5-71; amended 446 Code Section 16-6-1; amended 1959 Code Section 16-6-2; amended 1959 Code Section 16-6-4; amended 1959 Code Section 16-6-22.2; amended 1959 Code Section 16-8-4; amended 650 Code Section 16-8-11; amended 650 Code Section 16-8-12; amended 359 Code Section 16-8-41; amended 1959 Code Section 16-9-20; amended 1787 Code Section 16-9-21; amended 1787 Code Section 16-9-56; amended 850 Code Section 16-10-6; amended 607 Code Section 16-10-24.2; enacted 331 Code Section 16-10-52; amended 852 Code Section 16-11-35; amended 1012 Code Section 16-11-66; amended 97 Code Section 16-11-101; amended 1012 Code Section 16-11-101.1; enacted 1012 Code Section 16-11-127.1; amended 543 Code Section 16-11-127.1; amended 547

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Code Section 16-11-127.1; amended 1012 Code Section 16-11-129; amended 351 Code Section 16-11-130; amended 547 Code Section 16-11-132; enacted 1012 Code Section 16-12-1; amended 1158 Code Section 16-12-2; amended 650 Code Section 16-12-51; amended 1002 Code Section 16-12-51; amended 490 Code Section 16-12-52; amended 1002 Code Section 16-12-52; amended 490 Code Section 16-12-161; enacted 334 Code Section 16-13-25; amended 169 Code Section 16-13-26; amended 169 Code Section 16-13-28; amended 169 Code Section 16-13-31; amended 169 Code Section 16-13-71; amended 169 Code Section 16-13-71; amended 849 Code Section 16-14-3; amended 1625 Code Section 17-5-51; amended 963 Code Section 17-5-52; amended 963 Code Section 17-6-1; amended 1270 Code Section 17-6-1; amended 532 Code Section 17-6-1; amended 1625 Code Section 17-6-15; amended 532 Code Section 17-6-50; amended 532 Code Section 17-7-110; repealed 1895 Code Section 17-7-210; repealed 1895 Code Section 17-7-211; repealed 1895 Code Section 17-10-1; amended 1959 Code Section 17-10-6; amended 1959 Code Section 17-10-6.1; enacted 1959 Code Section 17-10-7; amended 1959 Code Section 17-10-9.1; amended 1625 Code Section 17-10-14; amended 1012 Code Section 17-12-38.1; enacted 355 Code Section 17-15-2; amended 1800 Code Section 17-15-3; amended 1800 Code Section 17-15-4; amended 1800 Code Section 17-15-6; amended 1800 Code Section 17-15-7; amended 1800 Code Section 17-15-8; amended 1800 Code Section 17-15-14; enacted 1800 Code Title 17, Chapter 16, Article 1; enacted 1895 Code Sections 17-16-1 thru 17-16-9; enacted 1895 Code Title 17, Chapter 16, Article 2; enacted 1895 Code Sections 17-16-20 thru 17-16-23; enacted 1895 Code Title 19, Chapter 1; enacted 1161 Code Section 19-1-1; enacted 1161 Code Section 19-6-15; amended 1728 Code Section 19-6-30; amended 1270 Code Section 19-6-33; amended 1270 Code Section 19-7-5; amended 97 Code Section 19-7-27; enacted 1270

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Code Section 19-7-40; amended 1270 Code Section 19-7-46; amended 1270 Code Section 19-7-47; amended 1270 Code Section 19-11-14; amended 1270 Code Section 19-11-26; amended 1728 Code Section 19-11-27; amended 1728 Code Section 19-11-28; enacted 1728 Code Section 19-11-29; enacted 1728 Code Section 19-11-30; enacted 1728 Code Section 19-11-31; enacted 1728 Code Section 19-11-58; amended 97 Code Section 19-11-59; amended 97 Code Section 19-13-3; amended 1270 Code Section 19-13-4; amended 1270 Code Section 19-14-3; amended 509 Code Section 19-14-5; amended 509 Code Section 19-14-8; repealed 509 Code Section 19-14-9; amended 509 Code Section 19-14-21; amended 509 Code Section 19-14-22; amended 509 Code Section 19-14-23; amended 509 Code Section 19-15-2; amended 97 Code Section 20-2-55; amended 782 Code Section 20-2-57; amended 97 Code Section 20-2-57; amended 1936 Code Section 20-2-66; enacted 295 Code Section 20-2-101; amended 1315 Code Section 20-2-112; repealed 607 Code Section 20-2-152; amended 1106 Code Section 20-2-157; enacted 668 Code Section 20-2-157; enacted 1057 Code Section 20-2-164; amended 668 Code Section 20-2-165; amended 668 Code Section 20-2-167; amended 1315 Code Section 20-2-168; amended 1315 Code Section 20-2-182; amended 1315 Code Section 20-2-189; enacted 1796 Code Section 20-2-200; amended 801 Code Section 20-2-211; amended 1936 Code Section 20-2-212; amended 782 Code Section 20-2-220; enacted 782 Code Section 20-2-260; amended 1325 Code Section 20-2-282; amended 668 Code Section 20-2-291; amended 1325 Code Section 20-2-292; amended 1325 Code Section 20-2-394; repealed 607 Code Section 20-2-699; amended 97 Code Section 20-2-720; enacted 531 Code Title 20, Chap. 2, Art. 16, Part 2, Subpart 3; enacted Vetoed SB 395 Code Sections 20-2-764 thru 20-2-766; enacted Vetoed SB 395 Code Section 20-2-796; amended 801 Code Section 20-2-915.1; amended 426 Code Section 20-2-940; amended 527

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Code Section 20-2-989.1; amended 1796 Code Section 20-2-1010; amended 1667 Code Section 20-2-1013; amended 1936 Code Section 20-2-1050; amended 256 Code Title 20, Chapter 2, Article 22, Part 4; enacted 846 Code Sections 20-2-1120 thru 20-2-1122; enacted 846 Code Section 20-2-1180; amended 1012 Code Section 20-2-1181; amended 1012 Code Section 20-2-1184; amended 1012 Code Section 20-2-1185; enacted 1012 Code Title 20, Chapter 2, Article 30; enacted 1360 Code Sections 20-2-2040 and 20-2-2041; enacted 1360 Code Section 20-3-250.2; amended 1282 Code Section 20-3-250.3; amended 1282 Code Section 20-3-250.4; amended 1282 Code Section 20-3-250.6; amended 1282 Code Section 20-3-250.7; amended 1282 Code Section 20-3-250.8; amended 1282 Code Section 20-3-250.10; amended 1282 Code Section 20-3-250.11; amended 1282 Code Section 20-3-250.17; amended 1282 Code Section 20-3-250.22; repealed 1282 Code Section 20-3-250.27; amended 1282 Code Section 20-3-374; amended 588 Code Section 20-3-411; amended 697 Code Section 21-2-2; amended 279 Code Section 21-2-50; amended 1443 Code Section 21-2-92; amended 1406 Code Section 21-2-100; enacted 1443 Code Section 21-2-132; amended 1406 Code Section 21-2-134; amended 1406 Code Section 21-2-139; amended 131 Code Section 21-2-153; amended 1406 Code Section 21-2-154; amended 96 Code Section 21-2-191; amended 1406 Code Section 21-2-193; amended 1406 Code Section 21-2-194; amended 1406 Code Section 21-2-200; amended 1406 Code Title 21, Chapter 2, Article 6; amended 1443 Code Sections 21-2-210 thru 21-2-236; amended 1443 Code Section 21-2-211; amended 1406 Code Section 21-2-212; amended 1406 Code Section 21-2-213; amended 1406 Code Section 21-2-216; amended 1406 Code Section 21-2-217; amended 1406 Code Section 21-2-218; amended 1406 Code Section 21-2-231; amended 237 Code Section 21-2-236; amended 1406 Code Section 21-2-237; amended 1406 Code Section 21-2-261.1; amended 1406 Code Section 21-2-262; amended 1406 Code Section 21-2-263; amended 1406 Code Section 21-2-285; amended 279

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Code Section 21-2-285.1; amended 279 Code Section 21-2-322; amended 279 Code Section 21-2-325; amended 279 Code Section 21-2-350; amended 279 Code Section 21-2-381; amended 1443 Code Section 21-2-381; amended 1406 Code Section 21-2-388; amended 1406 Code Section 21-2-401; amended 1443 Code Section 21-2-402; amended 1406 Code Section 21-2-414; amended 1406 Code Section 21-2-416; repealed 279 Code Section 21-2-431; amended 1443 Code Section 21-2-433; amended 1443 Code Section 21-2-438; amended 279 Code Section 21-2-451; amended 1443 Code Section 21-2-452; amended 1443 Code Section 21-2-452; amended 279 Code Section 21-2-498; amended 279 Code Section 21-2-500; amended 1406 Code Section 21-2-501; amended 1443 Code Section 21-2-501; amended 279 Code Section 21-2-502; amended 279 Code Section 21-2-540; amended 1406 Code Section 21-2-561; amended 1443 Code Section 21-2-571; amended 1443 Code Section 21-2-600; amended 1443 Code Section 21-2-601; enacted 1443 Code Section 21-3-10; amended 237 Code Section 21-3-30; amended 1406 Code Section 21-3-33; amended 1406 Code Section 21-3-34; amended 1406 Code Section 21-3-39; enacted 1443 Code Section 21-3-52; amended 1406 Code Section 21-3-60; amended 349 Code Section 21-3-91; amended 1406 Code Section 21-3-94; amended 1406 Code Title 21, Chapter 3, Article 6; amended 1443 Code Sections 21-3-120 thru 21-3-125; amended 1443 Code Section 21-3-120; amended 1406 Code Section 21-3-121; amended 1406 Code Section 21-3-123; amended 1406 Code Section 21-3-124; amended 1406 Code Section 21-3-125; amended 237 Code Section 21-3-135; amended 1406 Code Section 21-3-138; amended 1406 Code Section 21-3-141; repealed 1443 Code Section 21-3-160; amended 1406 Code Section 21-3-161.1; amended 1406 Code Section 21-3-164; amended 1406 Code Section 21-3-187; amended 1443 Code Section 21-3-187; amended 279 Code Section 21-3-225; amended 279 Code Section 21-3-283; amended 1406

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Code Section 21-3-288; amended 1406 Code Section 21-3-311; amended 1406 Code Section 21-3-312; amended 1443 Code Section 21-3-321; amended 1406 Code Section 21-3-323; amended 1443 Code Section 21-3-325; repealed 279 Code Section 21-3-342; amended 1443 Code Section 21-3-346; amended 279 Code Section 21-3-362; amended 1443 Code Section 21-3-362; amended 279 Code Section 21-3-407; amended 1448 Code Section 21-3-407; amended 1406 Code Section 21-3-409; amended 1406 Code Section 21-3-442; amended 1443 Code Section 21-3-451; amended 1443 Code Section 21-3-480; repealed 1443 Code Section 21-5-12; enacted 258 Code Section 21-5-30; amended 258 Code Section 21-5-30.2; amended 258 Code Section 21-5-34; amended 257 Code Section 21-5-34; amended 258 Code Section 21-5-35; amended 258 Code Title 21, Chapter 5, Article 2A; amended 258 Code Sections 21-5-40 thru 21-5-44; amended 258 Code Section 21-5-45; repealed 258 Code Section 21-5-50; amended 258 Code Section 21-5-70; amended 277 Code Section 21-5-70; amended 258 Code Section 21-5-71; amended 258 Code Section 21-5-73; amended 258 Code Title 22, Chapter 3, Article 4, Part 1; enacted 229 Code Sections 22-3-70 thru 22-3-72; enacted 229 Code Title 22, Chapte 3, Article 4, Part 2; enacted 229 Code Sections 22-3-80 thru 22-3-83; amended 229 Code Section 22-3-80; amended 229 Code Section 24-10-130; amended 1895 Code Section 24-10-131; amended 1895 Code Section 24-10-132; amended 1895 Code Section 24-10-133; amended 1895 Code Section 24-10-135; amended 1895 Code Section 24-10-137; amended 1895 Code Section 24-10-138; enacted 1895 Code Section 24-10-139; enacted 1895 Code Section 25-2-40; amended 1235 Code Section 25-3-6; amended 1758 Code Section 25-8-6; amended 728 Code Section 25-8-7; amended 728 Code Section 25-10-4; amended 317 Code Section 27-1-2; amended 600 Code Section 27-1-2; amended 1742 Code Section 27-2-4; amended 496 Code Section 27-2-14; amended 600 Code Section 27-3-4; amended 496

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Code Section 27-4-30; amended 600 Code Section 27-4-74; amended 600 Code Section 27-4-75; amended 600 Code Section 27-4-130.1; amended 605 Code Section 27-4-170; amended 1834 Code Section 27-4-171; amended 1834 Code Section 27-4-256; amended 600 Code Section 27-5-4; amended 1742 Code Section 27-5-5; amended 1742 Code Section 27-5-6; amended 97 Code Section 27-5-7; amended 1742 Code Section 28-1-16; enacted 1146 Code Section 28-2-1; amended 133 Code Section 28-2-1; amended 174 Code Section 28-2-2; amended 174 Code Section 28-5-5; amended 97 Code Section 28-5-42; amended 97 Code Section 28-5-42; amended 1633 Code Section 29-4-12; amended 1173 Code Section 30-4-1; amended 1405 Code Title 30, Chapter 7; enacted 1796 Code Sections 30-7-1 thru 30-7-4; enacted 1796 Code Section 31-2-6; amended 1856 Code Section 31-2-7; amended 1777 Code Section 31-3-5.1; amended 1777 Code Section 31-3-12.1; amended 437 Code Section 31-6-21; amended 684 Code Section 31-6-21.1; amended 684 Code Section 31-6-44; amended 684 Code Section 31-7-3; amended 1358 Code Section 31-7-12.1; enacted 461 Code Section 31-7-72; amended 781 Code Section 31-7-250; amended 1359 Code Title 31, Chapter 7, Article 13; enacted 959 Code Sections 31-7-300 thru 31-7-307; enacted 959 Code Title 31, Chapter 8, Article 5A; enacted 461 Code Sections 31-8-130 thru 31-8-139; enacted 461 Code Section 31-11-11; amended 800 Code Section 31-11-30; amended 800 Code Section 31-11-31; amended 97 Code Section 31-39-1; amended 672 Code Section 31-39-2; amended 672 Code Section 31-39-3; amended 672 Code Section 31-39-4; amended 672 Code Section 31-39-5; amended 672 Code Section 31-39-6; amended 672 Code Section 31-39-9; amended 672 Code Title 31, Chapter 40; enacted 1617 Code Sections 31-40-1 thru 31-40-6; enacted 1617 Code Title 31, Chapter 40; enacted 446 Code Sections 31-40-1 thru 31-40-10; enacted 446 Code Section 32-2-1; amended 591 Code Section 32-2-21; amended 591

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Code Section 32-2-41; amended 591 Code Section 32-2-42; amended 591 Code Section 32-2-60; amended 591 Code Section 32-2-65; amended 591 Code Section 32-2-69; amended 591 Code Section 32-2-75; amended 591 Code Section 32-4-22; amended 701 Code Section 32-7-2; amended 294 Code Section 32-10-7; amended 591 Code Section 32-10-8; amended 591 Code Section 32-10-63; amended 591 Code Section 33-3-7.1; enacted 1931 Code Section 33-7-11; amended 97 Code Section 33-8-1; amended 858 Code Section 33-8-8.1; amended 528 Code Section 33-8-8.2; amended 528 Code Section 33-9-21; amended 647 Code Section 33-14-7; amended 300 Code Section 33-14-45; enacted 694 Code Section 33-14-76; amended 300 Code Section 33-24-41.1; amended 1156 Code Section 33-24-41.2; amended 97 Code Section 33-24-44.1; amended 344 Code Section 33-24-55; enacted 1728 Code Section 33-27-1; amended 97 Code Section 33-29-20; enacted 474 Code Section 33-30-12; amended 858 Code Section 33-30-14; enacted 474 Code Section 34-1-5; enacted 1360 Code Section 34-8-35; amended 640 Code Section 34-8-35; amended 97 Code Section 34-8-35; amended 1717 Code Section 34-8-156; amended 640 Code Section 34-8-157; amended 640 Code Section 34-8-193; amended 640 Code Section 34-8-254; amended 779 Code Section 34-8-254; amended 640 Code Section 34-8-255; amended 640 Code Title 34, Chapter 8, Article 10; enacted 837 Code Sections 34-8-270 thru 34-8-280; enacted 837 Code Section 34-9-1; amended 97 Code Section 34-9-1; amended 887 Code Section 34-9-1; amended 1717 Code Section 34-9-2; amended 97 Code Section 34-9-12; amended 97 Code Section 34-9-17; amended 887 Code Section 34-9-18; amended 887 Code Section 34-9-23; enacted 887 Code Section 34-9-42; amended 887 Code Section 34-9-100; amended 887 Code Section 34-9-102; amended 887 Code Section 34-9-103; amended 887 Code Section 34-9-137; amended 887

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Code Section 34-9-200; amended 887 Code Section 34-9-201; amended 887 Code Section 34-9-208; enacted 887 Code Section 34-9-240; amended 887 Code Section 34-9-261; amended 887 Code Section 34-9-262; amended 887 Code Section 34-9-415; amended 97 Code Section 34-10-1; amended 1152 Code Section 34-10-2; amended 1152 Code Section 34-10-3; amended 1152 Code Section 34-10-4; amended 1152 Code Section 34-10-6; enacted 1152 Code Section 35-2-12; amended 1921 Code Section 35-3-16; enacted 875 Code Section 35-3-34; amended 1895 Code Section 35-8-9; amended 1355 Code Section 35-8-10; amended 1355 Code Section 35-8-23; enacted 1355 Code Title 35, Chapter 10; enacted 1392 Code Sections 35-10-1 thru 35-10-8; enacted 1392 Code Section 36-1-25; enacted 1940 Code Section 36-5-24; repealed 237 Code Section 36-5-25; amended 237 Code Section 36-9-3; amended 237 Code Section 36-9-10; repealed 607 Code Section 36-15-4; amended 1923 Code Section 36-15-7; amended 1923 Code Section 36-15-9; amended 1923 Code Section 36-15-9; amended 237 Code Title 36, Chapter 32, Article 3; enacted 1923 Code Section 36-32-40; enacted 1923 Code Section 36-36-22; enacted 652 Code Section 36-36-32; amended 1443 Code Section 36-42-4; amended 1006 Code Section 36-60-8; amended 1083 Code Section 36-60-16; enacted 1940 Code Section 36-60-17; enacted 1957 Code Section 36-61-9; amended 877 Code Section 36-62-5.1; amended 928 Code Section 36-62-6.1; enacted 1940 Code Section 36-81-7; amended 1083 Code Section 36-87-2; amended 822 Code Section 37-1-1; amended 97 Code Section 37-2-5; amended 437 Code Section 37-2-5.1; amended 437 Code Section 37-2-6; amended 437 Code Section 37-2-6.1; amended 437 Code Section 37-2-6.2; amended 437 Code Section 37-2-11.1; amended 437 Code Section 37-2-34; amended 437 Code Section 37-3-41; amended 1249 Code Section 37-3-150; amended 1072 Code Section 37-3-166; amended 1072

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Code Section 37-4-110; amended 1072 Code Section 37-4-125; amended 1072 Code Section 37-7-41; amended 1249 Code Section 37-7-150; amended 1072 Code Section 37-7-166; amended 1072 Code Title 37, Chapter 8; repealed 437 Code Sections 37-8-1 thru 37-8-53; repealed 437 Code Section 38-2-6.1; enacted 654 Code Section 38-2-10; enacted 655 Code Section 38-2-11; enacted 655 Code Section 40-1-1; amended 97 Code Section 40-1-5; amended 97 Code Section 40-2-20; amended 352 Code Section 40-2-27; amended 97 Code Section 40-2-44; amended 1851 Code Section 40-2-47; enacted 1373 Code Section 40-2-66; amended 1848 Code Section 40-2-67; amended 413 Code Section 40-2-69; amended 393 Code Section 40-2-74; amended 413 Code Section 40-2-75; amended 1848 Code Section 40-2-77; amended 97 Code Section 40-2-78; amended 1853 Code Section 40-2-84; amended 97 Code Section 40-2-84; amended 564 Code Section 40-2-85; amended 558 Code Section 40-2-85; amended 564 Code Section 40-2-85.1; amended 413 Code Section 40-2-87; amended 97 Code Section 40-3-4; amended 97 Code Section 40-3-4; amended 741 Code Section 40-3-21; amended 741 Code Section 40-3-30; amended 97 Code Section 40-3-31; amended 97 Code Section 40-3-31.1; enacted 741 Code Section 40-3-32.1; enacted 741 Code Section 40-3-38; amended 1851 Code Section 40-3-39; amended 97 Code Section 40-3-50; amended 352 Code Section 40-4-6; amended 97 Code Section 40-4-45; amended 97 Code Section 40-5-1; amended 97 Code Section 40-5-1; amended 514 Code Section 40-5-21; amended 478 Code Section 40-5-22; amended 97 Code Section 40-5-24; amended 514 Code Section 40-5-25; amended 1390 Code Section 40-5-25; amended 1876 Code Section 40-5-33; amended 1876 Code Section 40-5-36; amended 393 Code Section 40-5-52; amended 730 Code Section 40-5-56; amended 97

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Code Section 40-5-58; amended 745 Code Section 40-5-63; amended 730 Code Section 40-5-64; amended 1600 Code Section 40-5-67; amended 1600 Code Section 40-5-67.1; amended 472 Code Section 40-5-67.1; amended 1600 Code Section 40-5-67.2; amended 1600 Code Section 40-5-71; amended 97 Code Section 40-5-75; amended 97 Code Section 40-5-75; amended 730 Code Section 40-5-80; amended 1066 Code Section 40-5-83; amended 1066 Code Section 40-5-142; amended 1058 Code Section 40-5-150; amended 97 Code Section 40-6-203; amended 639 Code Section 40-6-226; amended 97 Code Section 40-6-228; amended 504 Code Section 40-6-273; amended 97 Code Section 40-6-273; amended 363 Code Section 40-6-273.1; enacted 831 Code Section 40-6-274; amended 97 Code Section 40-6-275; amended 97 Code Section 40-6-391; amended 1600 Code Section 40-6-391.1; amended 831 Code Section 40-6-391.1; amended 1600 Code Section 40-6-392; amended 1600 Code Section 40-6-395; amended 831 Code Section 40-7-4; amended 97 Code Section 40-8-7; amended 97 Code Section 40-8-53; amended 97 Code Section 40-8-71; amended 97 Code Section 40-8-76.1; amended 1005 Code Section 40-8-78; amended 97 Code Section 40-8-180; amended 97 Code Section 40-9-2; amended 363 Code Section 40-9-4; amended 97 Code Section 40-9-31; enacted 362 Code Section 40-9-32; amended 859 Code Section 40-9-41; amended 97 Code Section 40-9-63; amended 97 Code Section 40-9-100; amended 97 Code Section 40-9-101; amended 1931 Code Section 40-9-102; amended 97 Code Section 40-11-9; amended 97 Code Section 40-13-20; amended 604 Code Section 40-15-4; amended 97 Code Section 40-15-5; amended 97 Code Section 41-1-8; amended 97 Code Section 42-4-6; amended 97 Code Section 42-4-7; amended 1955 Code Section 42-4-8; amended 97 Code Section 42-5-51; amended Vetoed HB 1784 Code Section 42-5-59; amended 97

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Code Section 42-8-65; amended 97 Code Section 42-9-39; amended 1959 Code Section 42-9-44.1; enacted 791 Code Section 42-9-45; amended 97 Code Section 42-9-57; amended 97 Code Section 43-1-15; amended 97 Code Section 43-1-19; amended 97 Code Section 43-1-26; enacted 480 Code Section 43-1B-3; amended 97 Code Section 43-1B-3; amended 530 Code Section 43-3-24; amended 97 Code Section 43-3-35; amended 97 Code Section 43-4-32; amended 1759 Code Section 43-6-24; amended 1391 Code Section 43-8-2; amended 97 Code Section 43-9-12; amended 97 Code Section 43-10A-3; amended 450 Code Section 43-10A-7; amended 97 Code Section 43-10A-7; amended 953 Code Section 43-10A-7; amended 404 Code Section 43-10A-7; amended 450 Code Section 43-10A-11; amended 450 Code Section 43-10A-13; amended 97 Code Section 43-10A-17; amended 97 Code Section 43-11-21; amended 97 Code Section 43-11-47; amended 97 Code Section 43-11-71; amended 97 Code Title 43, Chapter 11A; amended 971 Code Sections 43-11A-1 thru 43-11A-19; amended 971 Code Section 43-13-5; amended 97 Code Section 43-14-2; amended 383 Code Section 43-14-3; amended 383 Code Section 43-14-6; amended 383 Code Section 43-14-6; amended 659 Code Section 43-14-8.2; amended 1 Code Section 43-14-8.2; amended 383 Code Section 43-14-8.3; amended 1 Code Section 43-14-8.3; amended 383 Code Section 43-14-8.4; amended 1 Code Section 43-14-8.4; amended 383 Code Section 43-14-11; amended 97 Code Section 43-14-12; amended 662 Code Section 43-14-13; amended 383 Code Section 43-14-13; amended 662 Code Section 43-15-3; amended 97 Code Section 43-15-24; amended 97 Code Section 43-18-50; amended 97 Code Section 43-18-102; amended 97 Code Section 43-18-108; amended 97 Code Section 43-20-15; amended 1715 Code Section 43-21-3.2; enacted 498 Code Section 43-21-16; enacted 1364 Code Section 43-23-2; amended 97

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Code Section 43-26-3; amended 97 Code Section 43-26-7; amended 97 Code Section 43-26-10; amended 97 Code Section 43-26-11.1; amended 97 Code Section 43-26-12; amended 97 Code Section 43-28-3; amended 97 Code Section 43-28-8.1; amended 97 Code Section 43-29-18; amended 97 Code Section 43-30-1; amended 853 Code Section 43-30-1; amended 996 Code Section 43-30-2; amended 853 Code Section 43-30-7; amended 853 Code Section 43-34-144; amended 97 Code Title 43, Chapter 35; amended 1375 Code Sections 43-35-1 thru 43-35-18; amended 1375 Code Section 43-35-5; amended 97 Code Title 43, Chapter 36; repealed 744 Code Sections 43-36-1 thru 43-36-21; repealed 744 Code Section 43-38-4; amended 97 Code Section 43-38-6; amended 291 Code Section 43-39-6; amended 224 Code Section 43-39-7; amended 224 Code Section 43-39-8; amended 224 Code Section 43-39-9; amended 224 Code Section 43-39-14; amended 97 Code Section 43-39-14; amended 224 Code Section 43-39-20; enacted 224 Code Section 43-39A-6; amended 881 Code Section 43-39A-8; amended 881 Code Section 43-39A-9; amended 881 Code Section 43-39A-14; amended 881 Code Section 43-39A-18; amended 881 Code Section 43-40-4; amended 97 Code Section 43-40-6; amended 1168 Code Section 43-40-15; amended 1168 Code Section 43-40-18; amended 1168 Code Section 43-44-8; amended 97 Code Section 43-44-16; amended 97 Code Section 43-45-9; amended 1245 Code Section 43-45-16; amended 97 Code Section 43-45-17; amended 97 Code Section 43-45-20; amended 97 Code Section 43-45-24.1; enacted 1245 Code Section 43-46-3; amended 97 Code Section 43-47-2; amended 1060 Code Section 43-47-3; amended 1060 Code Section 43-48-2; amended 97 Code Section 43-48-2; amended 1060 Code Section 43-48-3; repealed 1060 Code Section 43-48-4; repealed 1060 Code Section 43-48-5; repealed 1060 Code Section 43-48-6; amended 1060 Code Section 43-49-1; amended 97

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Code Section 43-49-2; amended 97 Code Section 43-49-3; amended 97 Code Section 43-49-4; amended 97 Code Section 43-50-21; amended 97 Code Section 43-51-2; amended 1927 Code Section 43-51-5; amended 97 Code Section 43-51-6; amended 1927 Code Section 43-51-6.1; enacted 1927 Code Section 43-51-7; amended 1927 Code Section 43-51-8; amended 1927 Code Section 43-51-10; amended 97 Code Section 43-51-13; amended 97 Code Section 44-2-14; amended 1943 Code Section 44-3-76; amended Vetoed HB 572 Code Section 44-3-76; amended 1943 Code Section 44-3-80; amended Vetoed HB 572 Code Section 44-3-80; amended 1943 Code Section 44-3-82; amended Vetoed HB 572 Code Section 44-3-82; amended 1943 Code Section 44-3-93; amended Vetoed HB 572 Code Section 44-3-93; amended 1943 Code Section 44-3-103; amended Vetoed HB 572 Code Section 44-3-103; amended 1943 Code Section 44-3-106; amended Vetoed HB 572 Code Section 44-3-106; amended 1943 Code Section 44-3-109; amended Vetoed HB 572 Code Section 44-3-109; amended 1943 Code Section 44-3-116; amended Vetoed HB 572 Code Section 44-3-116; amended 1943 Code Section 44-3-134; amended 329 Code Title 44, Chapter 3, Article 6; enacted 1879 Code Sections 44-3-220 thru 44-3-235; enacted 1879 Code Section 44-5-40; amended 364 Code Section 44-6-63; repealed 364 Code Section 44-7-53; amended 1150 Code Section 44-7-55; amended 1150 Code Section 44-7-56; amended 1150 Code Section 44-14-67; amended 1943 Code Section 44-14-80; amended 1943 Code Section 44-14-518; enacted 798 Code Section 45-7-4; amended 851 Code Section 45-7-4; amended 1065 Code Section 45-7-21; amended 1251 Code Section 45-7-54; enacted 699 Code Section 45-8-12; amended 499 Code Section 45-8-13; amended 97 Code Section 45-8-14; amended 412 Code Section 45-9-1; amended 1717 Code Section 45-9-4; amended 1717 Code Section 45-9-40.1; enacted 1717 Code Section 45-9-42; amended 307 Code Section 45-9-81; amended 1149 Code Section 45-9-85; amended 97

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Code Section 45-9-110; amended 1717 Code Section 45-10-25; amended 308 Code Section 45-12-73; amended 1865 Code Section 45-12-78; amended 1865 Code Section 45-12-85; amended 1865 Code Section 45-12-88; amended 1865 Code Section 45-12-95; amended 97 Code Section 45-12-95; amended 1865 Code Title 45, Chapter 12, Article 4, Part 3; repealed 1108 Code Sections 45-12-150 thru 45-12-155; repealed 1108 Code Section 45-12-175; amended 1865 Code Section 45-12-178; amended 1865 Code Section 45-13-56; amended 97 Code Section 45-16-6; amended 356 Code Section 45-16-24; amended 391 Code Section 45-16-66; amended 356 Code Section 45-20-2; amended 97 Code Section 45-20-2; amended 437 Code Section 45-20-51; amended 567 Code Section 45-22-5; amended 97 Code Section 46-1-1; amended 97 Code Section 46-1-1; amended 661 Code Section 46-1-1; amended 1238 Code Section 46-2-10; amended 630 Code Section 46-2-26.5; enacted 630 Code Section 46-3-36; repealed 1673 Code Section 46-4-99; amended 97 Code Section 46-4A-2; amended 1108 Code Section 46-4A-12; amended 1108 Code Section 46-4A-14; amended 1108 Code Section 46-5-26; enacted 520 Code Section 46-5-63; amended 237 Code Title 46, Chapter 7, Articles 3 and 4; redesignated 1238 Code Title 46, Chapter 7, Article 3; enacted 1238 Code Sections 46-7-85.1 thru 46-7-85.17; enacted 1238 Code Title 47, Chapter 1, Article 4; enacted 868 Code Sections 47-1-40 thru 47-1-43; enacted 868 Code Section 47-2-96; amended 1872 Code Section 47-2-96; amended 337 Code Section 47-2-120; amended 1874 Code Section 47-2-124; amended 297 Code Section 47-2-201; amended 92 Code Section 47-2-262; amended 92 Code Section 47-2-264; amended 708 Code Section 47-2-266; amended 92 Code Section 47-2-290; amended 92 Code Section 47-2-295.1; amended 710 Code Section 47-2-298; amended 738 Code Section 47-2-312; amended 339 Code Section 47-2-317; amended 332 Code Section 47-2-321; enacted 718 Code Section 47-2-321; enacted 715 Code Section 47-2-321; enacted 396

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Code Section 47-2-334; amended 638 Code Section 47-3-29; amended 92 Code Section 47-3-41; amended 1663 Code Section 47-3-90; amended 726 Code Section 47-7-1; amended 703 Code Section 47-7-2; enacted 703 Code Section 47-7-61; amended 703 Code Section 47-7-100; amended 703 Code Section 47-8-61; amended 722 Code Section 47-8-66; repealed 722 Code Section 47-8-67; amended 92 Code Section 47-9-22; amended 298 Code Section 47-9-60; amended 722 Code Section 47-9-73; amended 214 Code Section 47-9-74; amended 92 Code Section 47-10-65; amended 341 Code Section 47-10-107; repealed 722 Code Section 47-11-22; amended 92 Code Section 47-11-40; amended 342 Code Section 47-11-41; amended 342 Code Section 47-12-44; amended 92 Code Section 47-13-70; amended 335 Code Section 47-14-70; amended 1811 Code Section 47-14-71; amended 1811 Code Section 47-14-74; amended 1811 Code Section 47-14-75; amended 1811 Code Section 47-16-40; amended 325 Code Section 47-16-41; amended 325 Code Section 47-16-43; amended 325 Code Section 47-16-100; amended 325 Code Section 47-16-101; amended 325 Code Section 47-16-101; amended 92 Code Section 47-16-102; amended 325 Code Section 47-17-1; amended 320 Code Section 47-17-1; amended 776 Code Section 47-17-40; amended 320 Code Section 47-17-44; amended 320 Code Section 47-17-44; amended 776 Code Section 47-17-70; amended 776 Code Section 47-17-80; amended 320 Code Section 47-17-82; amended 320 Code Section 47-18-40; amended 92 Code Section 47-18-43; amended 92 Code Section 47-18-44; amended 92 Code Section 47-20-63; repealed 315 Code Section 47-20-64; repealed 315 Code Section 47-21-4; amended 660 Code Section 48-1-2; amended 797 Code Section 48-2-19; enacted 514 Code Section 48-3-3; amended 358 Code Section 48-3-3.1; enacted 561 Code Section 48-5-7.4; amended 428 Code Section 48-5-16; amended 1776

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Code Section 48-5-18; amended 237 Code Section 48-5-20; amended 237 Code Section 48-5-30; repealed 237 Code Section 48-5-41; amended 927 Code Section 48-5-41; amended 965 Code Section 48-5-45; amended 507 Code Section 48-5-47.1; enacted 400 Code Section 48-5-100.1; repealed 237 Code Section 48-5-137; amended 237 Code Section 48-5-149; repealed 237 Code Section 48-5-164; amended 237 Code Section 48-5-180; amended 237 Code Section 48-5-183; amended 620 Code Section 48-5-212; amended 237 Code Section 48-5-292; amended 507 Code Section 48-5-292; amended 237 Code Section 48-5-299; amended 786 Code Section 48-5-306; amended 1823 Code Section 48-5-311; amended 318 Code Section 48-5-311; amended 787 Code Section 48-5-311; amended 1088 Code Section 48-5-311; amended 1823 Code Section 48-5-311; amended 1051 Code Section 48-5-353; amended 237 Code Section 48-5-404; amended 237 Code Section 48-5-444; amended 790 Code Section 48-6-60; amended 1767 Code Section 48-6-61; amended 1767 Code Section 48-6-62; amended 1767 Code Section 48-6-69; amended 1767 Code Section 48-6-72; amended 1767 Code Section 48-6-73; amended 1767 Code Section 48-6-75; amended 1767 Code Section 48-6-76; amended 1767 Code Section 48-7-1; amended 597 Code Section 48-7-20; amended 597 Code Section 48-7-26; amended 381 Code Section 48-7-27; amended 381 Code Section 48-7-30; amended 597 Code Section 48-7-40; amended 928 Code Section 48-7-40.1; amended 928 Code Section 48-7-40.2; enacted 928 Code Section 48-7-40.3; enacted 928 Code Section 48-7-40.4; enacted 928 Code Section 48-7-40.5; enacted 928 Code Section 48-7-40.6; enacted 928 Code Section 48-7-100; amended 595 Code Section 48-7-101; amended 361 Code Section 48-7-101; amended 595 Code Section 48-7-101; amended 381 Code Section 48-8-2; amended 928 Code Section 48-8-3; amended 928 Code Section 48-8-3; amended 552

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Code Section 48-8-3; amended 132 Code Section 48-8-3; amended 1269 Code Section 48-8-89; amended 1816 Code Section 48-8-111; amended 1668 Code Section 48-8-121; amended 97 Code Section 48-8-121; amended 1668 Code Section 48-9-3; amended 569 Code Section 48-10-2; amended 1373 Code Section 48-13-6; amended 366 Code Section 48-13-16; amended 366 Code Section 48-13-51; amended 793 Code Title 48, Chapter 16A; enacted 428 Code Sections 48-16A-1 thru 48-16A-10; enacted 428 Code Section 48-17-2; amended 834 Code Section 48-17-9; amended 834 Code Section 48-17-11; amended 834 Code Section 49-3-2; amended 505 Code Section 49-4-16; amended 97 Code Section 49-4-110; amended 97 Code Section 49-4-111; amended 97 Code Section 49-4-116; enacted 765 Code Section 49-4-117; enacted 765 Code Section 49-4-125; amended 97 Code Section 49-4-141; amended 97 Code Section 49-4-142; amended 97 Code Section 49-4-146.1; amended 97 Code Section 49-4-153; amended 1856 Code Section 49-4-154; amended 97 Code Section 49-4A-7; amended 304 Code Section 49-4A-13; enacted 495 Code Section 49-5-3; amended 97 Code Section 49-5-8; amended 409 Code Section 49-5-12; amended 97 Code Section 49-5-12; amended 650 Code Section 49-5-20; amended 97 Code Section 49-5-41; amended 967 Code Section 49-5-69.1; amended 409 Code Section 49-5-223; amended 97 Code Section 49-5-241; amended 97 Code Section 49-5-244; amended 97 Code Title 49, Chapter 6, Article 6; enacted 455 Code Sections 49-6-70 thru 49-6-77; enacted 455 Code Section 49-9-40; amended 97 Code Section 50-2-1; amended 824 Code Section 50-2-2; amended 824 Code Section 50-3-64; amended 97 Code Section 50-5-16; amended 97 Code Section 50-5-32; amended 1865 Code Section 50-5-33; amended 1865 Code Section 50-5-34; amended 1865 Code Section 50-5-35; amended 1865 Code Section 50-5-39; amended 1865 Code Section 50-5-51; amended 97

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Code Section 50-5-51.1; enacted 1717 Code Section 50-5-167; amended 97 Code Section 50-5-185; amended 97 Code Section 50-5-196; amended 97 Code Section 50-5-200; amended 2010 Code Section 50-5A-6; amended 97 Code Section 50-6-6; amended 97 Code Title 50, Chapter 7, Article 4; enacted 166 Code Section 50-7-50; enacted 166 Code Section 50-7-51; enacted 166 Code Section 50-8-8; amended 97 Code Section 50-8-31; amended 1636 Code Section 50-8-34; amended 1636 Code Section 50-8-35; amended 1636 Code Section 50-8-39; amended 1636 Code Section 50-8-39.1; enacted 1636 Code Section 50-9-36; amended 97 Code Section 50-10-4; amended 97 Code Section 50-12-63.1; enacted 587 Code Section 50-12-65; amended 309 Code Section 50-13-2; amended 97 Code Section 50-13-4; amended 97 Code Section 50-13-4; amended 503 Code Section 50-13-13; amended 1270 Code Title 50, Chapter 13, Article 1; enacted 1856 Code Section 50-13-20.1; enacted 1856 Code Title 50, Chapter 13, Article 2; enacted 1856 Code Sections 50-13-40 thru 50-13-44; enacted 1856 Code Section 50-16-11.1; enacted 1717 Code Section 50-16-34; amended 97 Code Section 50-16-122; amended 97 Code Section 50-17-22; amended 97 Code Section 50-17-24; amended 97 Code Section 50-17-29; amended 97 Code Section 50-17-50; amended 97 Code Section 50-17-59; amended 499 Code Section 50-18-70; amended 618 Code Title 50, Chapter 18, Article 7; enacted 1360 Code Section 50-18-135; enacted 1360 Code Section 50-21-22; amended 1717 Code Section 50-21-24.1; enacted 1717 Code Section 50-21-26; amended 1717 Code Section 50-21-37; enacted 1717 Code Title 50, Chapter 23, Article 1; enacted 1108 Code Sections 50-23-1 thru 50-23-20; amended 1108 Code Section 50-23-5; amended 555 Code Title 50, Chapter 23, Article 2; enacted 1108 Code Sections 50-23-30 thru 50-23-35; enacted 1108 Code Section 50-25-7; amended 97 Code Section 50-27-10; amended 1372 Code Section 50-27-13; amended 425 Code Section 50-27-13; amended 470 Code Section 50-27-13; amended 1662

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Code Section 50-27-17; amended 599 Code Section 50-27-26; amended 1372 Code Title 50, Chapter 28; enacted 1844 Code Sections 50-28-1 thru 50-28-5; enacted 1844 Code Section 51-1-30.3; enacted 1055 Code Section 52-2-10; amended 879 Code Section 52-7-3; amended 680 Code Section 52-7-8; amended 680 Code Section 52-7-8.2; amended 680 Code Section 52-7-12; amended 680 Code Section 52-7-12.1; enacted 680 Code Section 53-6-32; amended 1173 Code Section 53-6-33; amended 1173 Code Section 53-7-50; amended 1173 Code Section 53-8-23; amended 1173 Code Section 53-8-34; amended 1173 COURTS SUPREME COURT OF GEORGIA Justices; compensation 1065 COURT OF APPEALS OF GEORGIA Judges; compensation 1065 SUPERIOR COURTS Bartow County; judges; district attorney; salary supplements 4779 Ben Hill County; judges; salary supplement 4920 Calhoun County; sheriff; compensation 3831 Candler County; judges; expenses 4888 Catoosa County; clerk; clerical help allowances 5083 Cherokee Judicial Circuit; judges; district attorney; salary supplements 4779 Clayton County; clerk; compensation 4882 Clayton County; court reporters; compensation 4397 Clayton County; district attorney; salary supplement 4064 Clayton County; judges; salary supplements 4062 Clayton County; sheriff; compensation 4883 Clayton Judicial Circuit; district attorney; salary supplement 4064 Clayton Judicial Circuit; judges; salary supplement 4062 Clerks; notification of purchasers of realty in certain counties regarding homestead exemptions; repealed 237 Clerks; collection of intangible recording tax in certain counties 1767 Clerks; compensation 620 Clerks; custodians of records; contracts to market records or data 671

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Clerks; Georgia Superior Court Clerks' Cooperative Authority 665 Clerks; recording of maps or plats; minimum standards 1096 Cobb County; clerk; deputy clerk; compensation 5080 Cobb County; district attorney; investigators; assistant district attorneys; compensation 4622 Cobb County; sheriff; chief deputy; chief investigator; executive assistant; compensation 4927 Cobb County; sheriff; vacancies; chief investigator; qualifications 3762 Cobb Judicial Circuit; district attorney; investigators; assistant district attorneys; compensation 4622 Contracts to market records or data 671 Cordele Judicial Circuit; judges; salary supplement 4920 Crisp County; judges; salary supplement 4920 Decatur County; terms 360 District attorneys; compensation 851 Dooly County; judges; salary supplement 4920 Early County; terms 1052 Emanual County; judges; expenses 4888 Employees' Retirement System of Georgia; secretaries of superior court judges and district attorneys; creditable service 708 Gordon County; judges; district attorney; salary supplements 4779 Heard County; clerk; compensation 3928 Heard County; sheriff; compensation 3987 Holding court in place other than courthouse in certain counties 1052 Indigent defense; state funded local programs; in what cases legal representation provided 355 Intangible recording tax; collection by clerk of superior court in certain counties 1767 Jefferson County; judges; expenses 4888 Judges; appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Judges; compensation 851 Judicial circuits composed of county of 23,510 -23,700 and county of 32,400 - 32,700; official court reporter's authority to hire secretary; repealed 237 Judicial circuits containing county of 350,000 - 500,000; additional court reporters and secretarial and clerical help; repealed 237 Judicial circuits of 45,000 - 52,000; office of assistant court reporter; repealed 237 Jurors; U.S. citizenship required 408 Lamar County; sheriff; vacancies; incapacity 4084 Middle Judicial Circuit; judges; expenses 4888 Mitchell County; terms 360 Newton County; clerk; sheriff; compensation 4156 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Oconee County; clerk; sheriff; compensation 4679 Putnam County; sheriff; compensation 5033 Recording of maps or plats by superior court clerks; minimum standards 1096 Retired judges; prohibition on holding public office or practicing law repealed 722 South Georgia Judicial Circuit; terms in Decatur and and Mitchell counties 360 Superior Court Clerks' Retirement Fund of Georgia; retirement and disability benefits 1811 Superior Court Judges Retirement Fund of Georgia;

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retiredjudges; prohibition on holding public office or practicing law repealed 722 Superior Court Judges Retirement System; cost-of-living increases 298 Superior Court Judges Retirement System; recovery of rejected spouses benefits 214 Superior Court Judges Retirement System; retired judges; prohibition on holding public office or practicing law repealed 722 Talbot County; sheriff; deputies; compensation 4285 Toombs County; judges; expenses 4888 Twiggs County; clerk; compensation; benefits 4913 Twiggs County; sheriff; compensation; benefits 4917 Walton County; sheriff; vacancies 4560 Washington County; judges; expenses 4888 Wilcox County; judges; salary supplement 4920 STATE COURTS Clayton County; deposits for advance costs 3985 Clayton County; judges; compensation 4138 Clayton County; solicitor; compensation 4287 Cobb County; judges; compensation 4529 Cobb County; second division; judges; compensation 4531 Cobb County; solicitor and assistant solicitors; designations 3938 Cobb County; solicitor; compensation 4619 Coweta County; judge and solicitor; compensation; duties; secretary 3736 Decatur County; judge; compensation 3868 Effingham County; solicitor; compensation 3821 Fayette County; state court; creation 4980 Fulton County; additional judge 3944 Glynn County; judge; compensation 3967 Gwinnett County; demand for trial 4377 Gwinnett County; judges; compensation 4160 Indigent defense; state funded local programs; in what cases legal representation provided 355 Jurors; U.S. citizenship required 408 Liberty County; judge; solicitor; compensation 4824 Mitchell County; judge and solicitor; compensation 3829 Muscogee County; judges; compensation 4029 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Pierce County; judge; solicitor; compensation 4281 Retired judges and solicitors; prohibition on holding public office repealed 722 Trial Judges and Solicitors Retirement Fund; retired judges and solicitors; prohibition on holding public office repealed 722 Troup County; judge; duties; compensation; secretary 4468 Walker County; judge; secretary; compensation 3726 JUVENILE COURTS Appeals; state's appeal in delinquency cases 856 Assessment of risk prior to placement of youths in homes; plans of care 495 Associate judges; qualifications in certain counties 562 Certain violent juvenile offenders tried as adults; School Safety and Juvenile Justice Reform Act of 1994 1012

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Chatham County; judge; compensation 3749 Cobb County; judges; compensation 4506 Community based risk reduction programs; confidential information 417 Contributing to delinquency of a minor 1158 Drivers' licenses; suspension; convictions in other jurisdictions; drug-related offenses; juvenile adjudications 730 Driving under the influence; additional penalty 1800 Indigent defense; state funded local programs; in what cases legal representation provided 355 Nonuniform pilot projects; proposed amendment to the Constitution 2020 PROBATE COURTS Appling County; judge; nonpartisan nomination and election; referendum 4150 Catoosa County; judge; clerical help allowances 5083 Clayton County; judge; compensation 4562 Cobb County; judge; clerk; compensation 4054 Costs; oath of guardians and administrators; fiduciary's bond; property sale by temporary administrator 1173 Coweta County; judge; nonpartisan nomination and election 3879 Heard County; judge; compensation 3931 Heard County; judge; nonpartisan nomination and election 4666 Judge; filling vacancy in certain counties; repealed 237 Judges of the Probate Courts Retirement Fund of Georgia; joining or rejoining the fund; service credit 342 Judges' qualifications in certain counties; jury trials and appeals in certain counties; powers and qualifications of chief clerks in certain counties 1665 Judges; compensation 620 Jurisdiction to try violations of Georgia Boat Safety Act; waiver of jury trial 1163 Newton County; judge; compensation 4156 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Oconee County; judge; compensation 4679 Service of minor or incapacitated adult 725 Spalding County; judge; nonpartisan nomination and election 4203 Twiggs County; judge; compensation; benefits 4547 MAGISTRATE COURTS Applying County; chief magistrate; nonpartisan nomination and election; referendum 4144 Appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Arrest prior to trial for violation of county ordinance relating to loitering 292 Bad check prosecutions; no contest cash bonds; forfeiture 865 Chatham County; magistrates; election 3772 Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check 1787 Glynn County; chief magistrate; elections; terms; deputy magistrates; compensation 4026 Indigent defense; state funded local programs; in what cases legal representation provided 355

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Nonuniform pilot projects; proposed amendment to the Constitution 2020 Pulaski County; chief magistrate; nonpartisan elections; referendum 3882 Richmond County; civil court; chief judge; duties; powers; transfer of cases within the civil court and the magistrate court 4433 Spalding County; chief magistrate; nonpartisan nomination and election 4426 Walker County; chief magistrate; compensation 4212 MUNICIPAL COURTS Alpharetta; judges; solicitor; compensation; procedure; appeals; jurisdiction; rules 4271 City Court of Atlanta; Code Title 40, Chapter 13, Article 2, relating to arrests, trials, and appeals in traffic cases, not applicable to court 604 Council of Municipal Court Judges of Georgia created 1923 Ludowici; municipal court; name; recorder; election; terms; compensation 3730 Winterville; establishment of municipal court 3753 OTHER COURTS Atlanta; City Court of Atlanta; Code Title 40, Chapter 13, Article 2, relating to arrests, trials, and appeals in traffic cases, not applicable to court 604 DeKalb County; recorder's court; fines 3936 Gwinnett County; recorder's court; jurisdiction; jury trials; judge; qualifications; penalties; limitations on prosecution 4291 Richmond County; civil court; chief judge; duties; powers; transfer of cases within the civil court and the magistrate court 4433 NAMED COUNTIES Appling County; board of commissioners; districts 3608 Appling County; board of education; districts 3601 Appling County; board of education; nonpartisan nomination and election; referendum 4148 Appling County; magistrate court; chief magistrate; nonpartisan nomination and election; referendum 4144 Appling County; probate court; judge; nonpartisan nomination and election; referendum 4150 Atkinson County; board of commissioners; membership; districts; terms; elections; compensation 4148 Bacon County; board of education; compensation; benefits 4201 Baldwin County; board of education; easement 1988 Baldwin County; homestead exemptions; county and school district taxes; referendums 4459 Barrow County; lease of state property 1226 Barrow County; Upper Oconee Basin Water Authority; creation 5123 Bartow County; homestead exemption; county taxes; referendum 4058

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Bartow County; homestead exemption; school district taxes; referendum 4904 Bartow County; homestead exemption; school district taxes; referendum 4900 Bartow County; homestead exemption; school district taxes; referendum 4556 Bartow County; superior court; judges; district attorney; salary supplements 4779 Ben Hill County; board of education; members; nonpartisan primaries and elections 3728 Ben Hill County; board of elections and registration; creation 4989 Ben Hill County; superior court; judges; salary supplement 4920 Bibb County; civil service system; vacancies; demotions; suspensions; removals; hearings 4686 Bibb County; Reginald Trice Parkway; designated 1234 Brooks County; sale of state property 1187 Burke County; board of elections and registration; creation 4180 Butts County; board of commissioners; compensation; expenses 3833 Butts County; board of commissioners; membership; districts; elections; terms; chairperson; compensation 4448 Butts County; board of education; districts; terms; elections; qualifications 4032 Calhoun County; sheriff; compensation 3831 Camden County; board of commissioners; elections; terms 3661 Candler County; superior court; judges; expenses 4888 Carroll County; motor vehicle registration periods; referendum 3835 Catoosa County; probate court; judge; superior court; clerk; clerical help allowances 5083 Charlton County; board of commissioners; districts 3625 Charlton County; board of education; districts 3631 Chatham County; board of commissioners; districts 3990 Chatham County; board of public education; districts 4003 Chatham County; board of tax assessors; appointment; joint board abolished 3940 Chatham County; Chatham County Recreation Authority; creation 4329 Chatham County; community improvement districts 4931 Chatham County; Georgia International and Maritime Trade Center 166 Chatham County; Georgia International and Maritime Trade Center Authority; creation 4329 Chatham County; Intergovernmental Council of Chatham County; Act repealed 3766 Chatham County; juvenile court; judge; compensation 3749 Chatham County; magistrate court; magistrates; election 3772 Chattooga County; conveyance of state property 908 Chattooga County; Ralph Country Brown Highway; designated 1223 Cherokee County; board of education; per diem 4210 Cherokee County; board of education; per diem 4898 Cherokee County; Cherokee County Property Tax Structure Study Committee; creation 5121 Cherokee County; homestead exemption; school district taxes; referendum 4701 Clarke County; Upper Oconee Basin Water Authority; creation 5123 Clay County; board of commissioners; clerk; county administrator; checks 3596 Clay County; board of education; members; qualifications; compensation 3599 Clayton County; board of commissioners; chairman; compensation 4070 Clayton County; board of education; compensation 4066 Clayton County; civil service system; creation 4399 Clayton County; Clayton County Airport Authority; creation 4305 Clayton County; Clayton County Public Employee Retirement System; benefits 5166

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Clayton County; Clayton County Public Employee Retirement System; membership 5198 Clayton County; coroner; compensation 4068 Clayton County; director of finance; purchasing agent; duties; inventory 5173 Clayton County; district attorney; salary supplement 4064 Clayton County; probate court; judge; compensation 4562 Clayton County; sheriff; compensation 4883 Clayton County; state court; deposits for advance costs 3985 Clayton County; state court; judges; compensation 4138 Clayton County; state court; solicitor; compensation 4287 Clayton County; superior court; clerk; compensation 4882 Clayton County; superior court; court reporters; compensation 4397 Clayton County; superior court; judges; salary supplement 4062 Clayton County; tax commissioner; compensation 4185 Cobb County; board of commissioners; districts 4254 Cobb County; civil service system; dismissals; hearings; political activity 4625 Cobb County; Cobb County-Marietta Water Authority; members; qualifications 4262 Cobb County; community improvement districts; taxes; notices 4289 Cobb County; district attorney; investigators; assistant district attorneys; compensation 4622 Cobb County; juvenile court; judges; compensation 4506 Cobb County; probate court; judge; clerk; compensation 4054 Cobb County; sheriff; chief deputy; chief investigator; executive assistant; compensation 4927 Cobb County; sheriff; vacancies; chief investigator; qualifications 3762 Cobb County; state court; judges; compensation 4529 Cobb County; state court; second division; judges; compensation 4531 Cobb County; state court; solicitor and assistant solicitors; designations 3938 Cobb County; state court; solicitor; compensation 4619 Cobb County; superior court; clerk; deputy clerk; compensation 5080 Cobb County; tax commissioner; chief clerk; executive secretary; compensation 4503 Cobb County; Walter Kelly, Jr., Bridge; designated 921 Coffee County; board of commissioners; districts; terms 3663 Coffee County; board of education; districts; terms 3672 Colquitt County; board of education; membership; elections; referendum 3614 Colquitt County; homestead exemptions; county and school district taxes; referendum 3859 Columbia County; homestead exemption; county and school district taxes; referendum 4080 Coweta County; homestead exemption; county taxes; referendum 3738 Coweta County; homestead exemption; county taxes; referendum 3742 Coweta County; probate court; judge; nonpartisan nomination and election 3879 Coweta County; state court; judge and solicitor; compensation; duties; secretary 3736 Crawford County; board of commissioners; compensation 4416 Crawford County; homestead exemption; school district taxes; referendum 4515 Crawford County; Ward Edwards Bridge; designated 903 Crisp County; superior court; judges; salary supplement 4920 Dawson County; advisory referendum on form of governing authority 4526 Dawson County; board of education; districts 3855 Dawson County; tax commissioner; compensation 4409

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Decatur County; board of commissioners; membership; chairperson; term; referendum 4522 Decatur County; board of commissioners; voting 4047 Decatur County; board of education; members; nonpartisan elections 3724 Decatur County; state court; judge; compensation 3868 Decatur County; terms of superior court 360 DeKalb County; DeKalb County Community Relations Commission; membership; duties 4379 DeKalb County; DeKalb County Pension Board; benefits 5155 DeKalb County; DeKalb County Pension Board; benefits; membership; vesting 5180 DeKalb County; garbage disposal and sanitation districts; local constitutional amendment repealed 5189 DeKalb County; garbage; sanitation districts; local constitutional amendments repealed; referendum 3817 DeKalb County; Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959 DeKalb County; Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 DeKalb County; Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 DeKalb County; recorder's court; fines 3936 Dooly County; Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Dooly County; Herbert A. Saliba Bridge; designated 1191 Dooly County; superior court; judges; salary supplement 4920 Douglas County; board of commissioners; meetings 4540 Douglas County; board of education; elections; terms; compensation 3751 Early County; board of education; members; qualifications 3558 Early County; terms of superior court 1052 Effingham County; ordinances and regulations; penalties 3822 Effingham County; state court; solicitor; compensation 3821 Elbert County; board of commissioners; county administrator; powers 3781 Elbert County; county surveyor; appointment 3780 Emanuel County; superior court; judges; expenses 4888 Emanuel County; Vendie Hudson Hooks, Sr., Memorial Highway; designated 1190 Fayette County; board of elections; re-creation 3712 Fayette County; state court; creation 4980 Floyd County; board of commissioners; meetings 5163 Floyd County; board of commissioners; qualifications; residency 4074 Floyd County; Hospital Authority of Floyd County; vacancies 4407 Forsyth County; board of commissioners; vacancies 4283 Forsyth County; homestead exemption; county taxes; referendum 4277 Fulton County; Fulton County Merit System of Personnel Administration; complaints 4838 Fulton County; Fulton County Planning Commission; local constitutional amendment repealed 4261 Fulton County; Fulton County School Employees Pension Fund; benefits; retirement age 4509 Fulton County; Fulton County School Employees Pension Fund; restatement 4706 Fulton County; Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959

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Fulton County; Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 Fulton County; Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Fulton County; state court; additional judge 3944 Gilmer County; Ellijay-Glimer County Water and Sewerage Authority; compensation 4025 Glynn County; board of commissioners; districts 4017 Glynn County; board of elections and registration; re-creation 3977 Glynn County; homestead exemptions; county taxes; referendum 3920 Glynn County; magistrate court; chief magistrate; elections; terms; deputy magistrates; compensation 4026 Glynn County; state court; judge; compensation 3967 Gordon County; superior court; judges; district attorney; salary supplements 4779 Grady County; board of commissioners; districts 3567 Grady County; board of education; districts 3560 Grady County; conveyance of state property 1972 Gwinnett County; board of commissioners; districts; terms 4497 Gwinnett County; board of education; districts 4490 Gwinnett County; homestead exemption; county taxes; referendum 3924 Gwinnett County; recorder's court; jurisdiction; jury trials; judge; qualifications; penalties; limitations on prosecution 4291 Gwinnett County; state court; demand for trial 4377 Gwinnett County; state court; judges; compensation 4160 Gwinnett County; Vines Botanical Gardens Enhancement and Development Authority of Gwinnett County; creation 5091 Hall County; board of commissioners; meetings 5194 Hall County; homestead exemption; school district taxes; referendum 4696 Hall County; Jerry D. Jackson Bridge; designated 1207 Haralson County; Ray McKibben Medal of Honor Highway; designated 1186 Harris County; board of commissioners; districts 3682 Harris County; homestead exemption; county taxes; referendum 4551 Hart County; Hart County Industrial Development Authority; creation 4088 Heard County; Heard County Water Authority; members; qualifications 3702 Heard County; Probate court; judge; compensation 3931 Heard County; probate court; judge; nonpartisan nomination and election 4666 Heard County; sheriff; compensation 3987 Heard County; superior court; clerk; compensation 3928 Heard County; tax commissioner; compensation 3933 Henry County; Henry County Water and Sewerage Authority; members; compensation; expenses 3865 Houston County; board of education; membership; districts; terms; elections; officers; compensation 4435 Houston County; board of elections; creation 3870 Houston County; Houston County School District Building Authority; creation 3906 Houston County; Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885 Jackson County; homestead exemption; county taxes; referendum 4381 Jackson County; homestead exemption; school district taxes; referendum 3758 Jackson County; Upper Oconee Basin Water Authority; creation 5123 Jasper County; board of education; districts 4876

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Jefferson County; board of commissioners; districts; elections; chairperson; qualifications 4995 Jefferson County; board of education; districts 5003 Jefferson County; superior court; judges; expenses 4888 Johnson County; board of education; chairman; compensation 3722 Lamar County; sheriff; vacancies; incapacity 4084 Liberty County; board of education; terms 3716 Liberty County; Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Liberty County; motor vehicle registration periods; referendum 3718 Liberty County; state court; judge; solicitor; compensation 4824 Logn County; Howard Bo Warren Parkway; designated 375 Lowndes County; board of commissioners; composition; districts; elections; terms 5073 Lowndes County; board of elections and registration; creation 5068 Macon County; Herbert A. Saliba Bridge; designated 1191 Madison County; board of commissioners; federal community development block grant funds; services; contracts 4520 Mitchell County; state court; judge and solicitor; compensation 3829 Mitchell County; terms of superior court 360 Murray County; hospital authority; vacancies 3863 Murray County; T. P. Ramsey Bridge; designated 905 Muscogee County; board of education; rate of tax levy; certification date 4538 Muscogee County; Columbus Airport Commission; police 3699 Muscogee County; Columbus, Georgia; mayor and council; nonpartisan elections 4386 Muscogee County; state court; judges; compensation 4029 Newton County; homestead exemption; county taxes; referendum 3745 Newton County; Newton County Water and Sewerage Authority; bonds 5101 Newton County; Newton County Water and Sewerage Authority; revenue bonds Vetoed HB 1748 Newton County; sheriff, tax commissioner, judge of the probate court, clerk of the superior court, chairperson of board of commissioners; compensation 4156 Oconee County; board of commissioners; compensation 4679 Oconee County; board of elections and registration; creation 3767 Oconee County; probate court; judge; compensation 4679 Oconee County; sheriff; compensation 4679 Oconee County; superior court; clerk; compensation 4679 Oconee County; tax commissioner; compensation 4679 Oconee County; Upper Oconee Basin Water Authority; creation 5123 Oglethorpe County; board of commissioners; meetings 4045 Paulding County; motor vehicle registration periods 3774 Peach County; homestead exemption; school district taxes; referendum 3824 Pierce County; board of education; districts 4299 Pierce County; homestead exemption; county taxes; referendum 4294 Pierce County; state court; judge; solicitor; compensation 4281 Polk County; board of education; districts 4353 Polk County; Polk County Water Authority; members; appointment 3876 Pulaski County; magistrate court; chief magistrate; nonpartisan elections; referendum 3882 Putnam County; homestead exemptions; county and school district taxes; referendums 4974

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Putnam County; sheriff; compensation 5033 Putnam County; tax commissioner; compensation 5035 Quitman County; board of education; membership; districts; elections; school superintendent; appointment 3689 Rabun County; board of commissioners; purchases; fiscal year; audits 4086 Rabun County; Clayton-Rabun County Water and Sewer Authority; financing of projects; bonds 4072 Rabun County; Rabun County Building Authority; creation 4564 Randolph County; board of commissioners; districts 3590 Randolph County; board of education; election; school superintendent; appointment 3575 Richmond County; board of commissioners; purchases 5160 Richmond County; board of education; budgets 5086 Richmond County; civil court; chief judge; duties; powers; transfer of cases within the civil court and the magistrate court 4433 Schley County; Ellaville-Schley County Charter Commission; time limits; referendum 4042 Spalding County; board of commissioners; districts 3527 Spalding County; Griffin-Spalding County School District; homestead exemption; school district taxes; referendum 4205 Spalding County; Griffin-Spalding County School System; board of education; terms 3556 Spalding County; homestead exemption; county taxes; referendum 4429 Spalding County; magistrate court; chief magistrate; nonpartisan nomination and election 4426 Spalding County; probate court; judge; nonpartisan nomination and election 4203 Stewart County; board of education; elections; districts; terms 3584 Sumter County; Americus; school system; funding for fiscal year 1995; merger with Sumter County School System 4187 Sumter County; board of commissioners; compensation; population Act repealed 4056 Sumter County; board of education; compensation 3696 Sumter County; board of education; membership; districts; elections; terms; compensation 5108 Talbot County; board of commissioners; membership; districts; elections; terms 3637 Talbot County; sheriff; deputies; compensation 4285 Taliaferro County; board of commissioners; membership; districts; elections; terms; compensation 3643 Taylor County; Garland T. Byrd Bridge; designated 916 Taylor County; Taylor County Airport Authority; creation 5010 Terrell County; Ward Edwards Bridge; designated 903 Terrell County; board of elections and registration; creation 4388 Tift County; board of commissioners; districts 3547 Tift County; board of education; districts; terms 3538 Toombs County; superior court; judges; expenses 4888 Treutlen County; board of education; compensation 4414 Troup County; board of education; school district; education districts; members 3501 Troup County; homestead exemptions; school district taxes; referendum 3844 Troup County; state court; judge; duties; compensation; secretary 4468 Twiggs County; board of commissioners; compensation; expenses; reports; records 4050

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Twiggs County; board of education; compensation; meetings 4048 Twiggs County; Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 Twiggs County; probate court; judge; compensation; benefits 4547 Twiggs County; sheriff; compensation; benefits 4917 Twiggs County; superior court; clerk; compensation; benefits 4913 Twiggs County; tax commissioner; compensation; benefits 4177 Upson County; board of commissioners; districts 3618 Upson County; Garland T. Byrd Bridge; designated 916 Upson County; Thomaston-Upson County Office Building Authority; powers 4446 Walker County; magistrate court; chief magistrate; compensation 4212 Walker County; state court; judge; secretary; compensation 3726 Walker County; state property easement 1988 Walton County; homestead exemption; county taxes; referendum 4924 Walton County; sheriff; vacancies 4560 Walton County; Walton County Commission on Children and Youth; creation 4076 Walton County; Walton County Water and Sewerage Authority; chairman; compensation 4675 Washington County; superior court; judges; expenses 4888 Wayne County; board of commissioners; districts; elections; terms 3520 Wayne County; board of education; compensation; expenses 4473 Wayne County; board of education; members; districts; terms; elections 3512 Wayne County; Howard Bo Warren Parkway; designated 375 White County; White County Water and Sewerage Authority; membership 3720 Whitfield County; board of commissioners; districts 4483 Whitfield County; board of education; districts; elections 4475 Wilcox County; superior court; judges; salary supplement 4920 COUNTIES AND COUNTY MATTERS BY POPULATION 1,500, more than, local governmental units of, or expenditures of $175,000.000 or more; audits 1083 4,000 - 4,575, counties of; distribution of commissions when previous tax collector prevented from collecting by court action; repealed 237 6,513 - 6,600, counties of; judges of the state court; compensation; repealed 237 6,530 - 6,600, counties of; authorizing sale of alcoholic beverages by the drink; repealed 237 6,530 - 6,600, counties of; Sunday sales of alcoholic beverages; repealed 237 6,900 - 6,950, counties of; probate court; insolvent costs arising from traffic and game and fish cases; repealed 237 8,340 - 8,700, counties of; magistrate's court; repealed 237 9,000 - 9,200, counties of; tax commissioner authorized to hire secretary; repealed 237 10,000 - 10,200, counties of; fees collected for sale of motor vehicle licenses and plates; repealed 237 10,450 - 10,650, counties of; time for making tax returns; repealed 237 10,500 - 10,600, counties of; members of board of tax assessors ineligible to hold state or county offices; repealed 237 11,675 - 11,725, counties of; board of elections; repealed 237 12,000 - 12,200, counties of; sheriff's written consent for tax commissioner to collect taxes due by levy and sale; repeal 237

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12,300 - 12,400, counties of; county commissioner; salary 237 13,000 - 13,300, counties of; probate courts; insolvent costs from fines and forfeitures arising from traffic cases; repealed 237 15,000 - 15,500, counties of; time for making tax returns; repealed 237 15,200 - 15,400, counties of; probate courts; insolvent costs from fines and forfeitures arising from traffic cases; repealed 237 15,200 - 15,400, counties of; sheriff's written consent for tax commissioner to collect taxes due by levy and sale; repealed 237 15,200 - 15,400, counties of; time for making tax returns; repealed 237 17,800 - 17,850, counties of; small claims court; repealed 237 18,000 - 18,100, counties of; sheriff; compensation; repealed 237 18,358 - 19,148, counties of; small claims court; repealed 237 18,900 - 19,300, counties of; presence of stenographer when witness examined by grand jury; repealed 237 19,200 - 19,400, counties of; board of elections; repealed 237 19,200 - 19,400, counties of; district attorney; supplemental compensation; repealed 237 19,300 - 20,000, counties of; coroner; compensation; repealed 237 20,400 - 20,600, counties of; commissioner; compensation; repealed 237 21,800 - 22,000, counties of; single county commissioner; compensation; repealed 237 23,450 - 23,550, counties of; probate court; judge authorized to appoint clerk; repealed 237 23,510 - 23,700 and 32,400 - 32,700, judicial circuits containing counties of; official court reporter's authority to hire secretary; repealed 237 25,100 - 25,400, counties of; time for making tax returns; repealed 237 26,200 - 27,000, counties of; maximum court costs for county law library fund in each action; repelaed 237 26,290 - 27,280, counties of; boards of commissioners; compensation; repealed 4056 27,500 - 28,500, counties of; sheriff's written consent for tax commissioner to collect taxes due by levy and sale; repealed 237 28,500 - 29,200, counties of; board of elections; repealed 237 29,000 - 31,000, counties of; county airport authorities; repealed 237 29,200 - 30,000, counties of; chairman and members of board of commissioners; compensation; repealed 237 31,000 - 31,500, counties of; county water authority; compensation of members; repealed 237 32,000 - 32,300, counties of; time for making tax returns; repealed 237 32,300 - 32,600, counties of; small claims court; repealed 237 32,400 - 32,700 and 23,510 - 23,700, judicial circuits containing counties of; official court reporter's authority to hire secretary; repealed 237 32,500 - 34,100, county sites of counties of; not authorized to maintain own voter registration; lists; repealed 237 32,600 - 36,000, counties of; board of elections; repealed 237 33,000 - 34,000, counties of; coroners; compensation 237 34,100 - 34,300, counties of; coroners; compensation 237 34,400 - 36,000, counties of; coroner; salary; repealed 237 36,000 - 36,300, counties of; board of elections; repealed 237 36,500 - 36,900, counties of; board of registrations and elections; repealed 237 40,100 - 40,150, counties of; coroner; compensation; repealed 237 45,000 or more, counties of; fees of tax collectors and commissioners 620 50,000, counties of not more than; holding court in place other than courthouse 1052

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50,000 or more, counties of; collection of intangible recording tax by clerk of superior court 1767 50,000 or more, hospital authorities located in counties of, and operating hospital of more than 100 beds; ad valorem taxes on authority owned realty 781 50,000 - 75,000, counties of; audits required for county board of education; repealed 237 54,700 - 56,000, counties of; board of elections; repealed 237 59,000 - 60,000, cities of 15,000 or more within counties of; choice of tax assessments; repealed 237 59,000 - 60,000, counties of, cities of 15,000 or more within; failure to return taxable property by city taxpayer; repealed 237 66,000 - 73,000, counties of; time for making tax returns; repealed 237 66,000 - 74,000, counties of; coroner; compensation; repealed 237 73,000 - 89,000, counties of; probate court; judge authorized to hire clerk; repealed 237 75,000 or more, counties of; qualifications of associate judges in juvenile courts 562 88,000 - 90,000, counties of; board of elections; repealed 237 88,000 - 90,000, counties of; board of elections; repealed 211 96,000 or more, counties of; probate court; judges' qualifications 1665 96,000 or more, counties of; probate court; powers and qualifications of chief clerk 1665 100,000 or more, counties of; probate court; judges' qualifications; repealed 1665 100,000 or more, counties of; probate court; jury trials and appeals; repealed 1665 100,000 - 150,000, counties of; quarterly ad valorem tax billings; repealed 237 145,000 - 165,000, counties of; governing authority authorized to require filing hotel and motel rate schedules; repealed 237 150,000 - 165,000, counties of; procedures for state court judge to become judge emeritus; repealed 237 150,000 - 167,000, counties of; procedures for probate judge to become judge emeritus; repealed 237 153,000 - 165,000, counties of; sale of alcoholic beverages from 11:55 P.M. on Saturdays 237 160,000 - 169,000, counties of; assumption of duties of tax commissioner by chief clerk upon tax commissioner's inability to serve; repealed 237 160,000 - 169,000, counties of; sheriff; filling vacancy; repealed 237 160,000 - 169,000, counties of; vacancies; probate judge; tax commissioner; sheriff; repealed 237 165,000 - 190,000, counties of; time for making tax returns; repealed 237 168,000 - 180,000, counties of; private sale of county owned property; repealed 237 169,000, more than, and less than 180,000, counties of; board of elections; repealed 237 175,000 - 190,000, counties of; rate of interest and penalty on delinquent ad valorem taxes; repealed 237 175,000 - 195,000, counties of; written consent of sheriff for tax commissioner to collect taxes due by levy and sale; repealed 237 183,000 - 216,000, counties of, with cities of more than 40,000; conduct of municipal elections by county board; repealed 237 190,000 - 300,000, counties of; commission for collection of education taxes; repealed 237 190,000 - 300,000, counties of; justice of the peace emeritus; repealed 237

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190,000 - 400,000, counties of; metropolitan airport authorities; repealed 237 200,000 - 250,000, counties of; probate judge; filling vacancy; repealed 237 300,000 or more, counties of; authority for tax collectors to collect by levy and sale certain county taxes, assessments, fees, or charges; repealed 237 300,000 or more, counties of; payment of expense of presentence psychiatric examination of convicted persons in criminal cases; repealed 237 300,000 or more, counties with city of; joint city-county board of tax assessors; repealed 129 350,000 - 500,000, counties of; duty of clerk of superior court to notify realty buyer of homestead exemptions; repealed 237 350,000 - 500,000, counties of; publication of quarterly summary of receipts and expenditures by county board of education; repealed 237 350,000 - 500,000, judicial circuits containing counties of; additional court reporters and secretarial and clerical help; repealed 237 350,000 - 550,000, counties of; minor entering business selling alcoholic beverages; repealed 237 400,000, not less than, counties of; local legislation regarding cruelty to domestic animals, animal control; repealed 237 400,000 - 525,000, counties of; postage on return post cards to continue voter registration when purging those who have not voted; repealed 237 500,000, more than, counties of; authority to operate 24 hour schools; repealed 237 500,000, more than, counties of; county board of education authorized to create emeritus office for retired department heads; repealed 237 500,000 or more, counties of; county purchasing agent; powers and duties 212 500,000 or more, counties of; notice to tax assessors regarding zoning changes; repealed 237 County and city taxes on life insurers; population determination 528 COUNTY MATTERS - HOME RULE AMENDMENTS Clayton County; Clayton County Public Employee Retirement System; benefits 5166 Clayton County; Clayton County Public Employee Retirement System; membership 5198 Clayton County; director of finance; purchasing agent; duties; inventory 5173 DeKalb County; DeKalb County Pension Board; benefits 5155 DeKalb County; DeKalb County Pension Board; benefits; membership; vesting 5180 DeKalb County; garbage disposal and sanitation districts; local constitutional amendment repealed 5189 Floyd County; board of commissioners; meetings 5163 Hall County; board of commissioners; meetings 5194 Richmond County; board of commissioners; purchases 5160 NAMED CITIES Acworth; corporate limits 3704 Alapaha; powers; governing authority; mayor pro tempore; mayor 4167

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Alpharetta; homestead exemptions; city taxes; referendums 4669 Alpharetta; municipal court 4271 Americus; school system; funding for fiscal year 1995; merger with Sumter County School System 4187 Ashburn; city manager 5238 Athens-Clarke County; Upper Oconee Basin Water Authority; creation 5123 Atlanta; employee complaints; waste and abuse 4394 Atlanta; Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959 Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 Atlanta; Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Atlanta; urban enterprise zones; mixed-use zones; ordinances; tax exemptions 5055 Augusta; general retirement fund; investments 5276 Avondale Estates; employment; contracts 5386 Barnesville; city manager; supervisors; administrator; director of utilities and public works 4190 Baxley; council; districts 5350 Blackshear; powers; municipal utilities 4161 Blakely; new charter 4579 Bloomingdale; community improvement districts 4931 Bluffton; new charter 3786 Brunswick; Lissner House; sale to city 1194 Brunswick; parks and squares 5326 Canon; new charter 4214 Cartersville; wards 5281 Cave Spring; corporate limits 4885 Cave Spring; sale to city of state property Vetoed HR 814 Cedartown; Martin Luther King, Jr., Boulevard; designated 764 Cedartown; new charter 4628 Centerville; homestead exemption; city taxes; referendum 3849 Chamblee; council; districts 5375 Clayton; Clayton-Rabun County Water and Sewer Authority; financing of projects; bonds 4072 Clermont; new charter 4782 Columbus, Georgia; mayor and council; nonpartisan elections 4386 Columbus, Georgia; sale of Georgia Ports Authority property to Columbus 370 Columbus; Columbus Airport Commission; police 3699 Columbus; Muscogee County; board of education; rate of tax levy; certification date 4538 Conyers; council; membership; districts; elections; vacancies; election superintendent; referendum 3969 Dallas; corporate limits 3775 Dalton; administrator 5310 Dalton; homestead exemption; City of Dalton Independent School District taxes; referendum 4251 Dalton; homestead exemption; city taxes; referendum 4465 Dawson; mayor and councilmembers; residency 5245 Decatur; homestead exemption; city taxes; referendum 4411 Doraville; mayor, mayor pro tem, and council; compensation 5343 Dublin; board of education; school district; bonds; elections; terms 4163

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East Dublin; council; districts 5026 East Point; city ad valorem taxes; collection by county tax commissioner 5251 East Point; City of East Point Pension Board of Trustees; powers; trust agreement; assets 5216 East Point; director of finance and assistant director of finance 5257 East Point; East Point Building Authority; membership; appointments 4835 East Point; East Point Parking Authority; membership; appointments 4966 East Point; homestead exemption; city taxes; local constitutional amendment repealed; referendum 5048 East Point; mediation system for appeals by employees; arbitration 5053 East Point; Personnel Board of Appeals 5369 Ellaville; Ellaville-Schley County Charter Commission; time limits; referendum 4042 Ellijay; Ellijay-Gilmer County Water and Sewerage Authority; compensation 4025 Fort Valley; Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885 Gainesville; council; compensation 5248 Gainesville; council; wards 5290 Gainesville; municipal utility fees and charges for customers outside city 4154 Gainesville; public schools 5347 Gainesville; retirement system; benefits; service 5286 Gainesville; supplemental appropriations 5383 Garden City; community improvement districts 4931 Griffin-Spalding County School System; board of education; terms 3556 Griffin; board of commissioners; districts 5223 Griffin; cemetery trust fund; water, light, and sewerage department emergency reserve fund 5233 Griffin; Griffin-Spalding County School District; homestead exemption; school district taxes; referendum 4205 Griffin; tax collector abolished; transfer of duties 5242 Gum Branch; Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Jasper; corporate limits 4819 Kennesaw; corporate limits; city manager or administrator 5036 Kennesaw; lease to city of state property 1198 LaGrange; franchises 4617 LaGrange; mayor; council; membership; terms; districts; elections; qualifications; vacancies 3650 Lawrenceville; homestead exemption; city taxes; referendum 3783 Lincolnton; mayor and council; term limits 3853 Ludowici; municipal court; name; recorder; election; terms; compensation 3730 Lula; new charter 4841 Macon; corporate limits 4832 Macon; Macon Fire and Police Employees Retirement System; average compensation 5390 Macon; Macon Pensions and Retirement System; retirement committee 5210 Macon; Macon Water Authority Employees' Pension Plan 3947 Marietta; board of lights and waterworks; nonprofit corporations 4267 Marietta; Cobb County-Marietta Water Authority; members; qualifications 4262 Marietta; corporate limits; deannexation 4171 Marietta; mayor pro tempore; Marietta Historic Board of Review; pension board; Downtown Marietta Development Authority 4265

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Midway; corporate limits 3837 Midway; Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Milledgeville; easement to city 1988 Milledgeville; mayor and council; terms; districts; election dates 5356 Molena; mayor and council; terms 4198 Monroe; city administrator 5106 Monroe; Water, Light, and Gas Commission; membership 5103 Morrow; homestead exemption; city taxes; referendum 4470 Moultrie; council; districts 5207 Mount Zion; mayor and council; terms; qualifications; vacancies 4894 Ocilla; ad valorem taxes; millage rate 3697 Omaha; charter repealed; city abolished 3815 Pendergrass; new charter 4755 Perry; Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885 Pooler; community improvement districts 4931 Port Wentworth; community improvement districts 4931 Powder Springs; corporate limits; city manager; powers 4140 Powder Springs; council; districts 5296 Riceboro; Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Rockmart; council; wards 5318 Savannah; board of public education; districts 4003 Savannah; community improvement districts 4931 Savannah; Georgia International and Maritime Trade Center Authority; creation 4329 Savannah; joint board of tax assessors; abolition and transfer of records 3940 Savannah; pension plan; alternative retirement date for police and fire employees 5331 Savannah; pension plan; delayed retirement date for police and fire employees 5336 Social Circle; city manager; mayor; powers 5097 Sugar Hill; corporate limits 4542 Sugar Hill; homestead exemption; city taxes; referendum 4194 Suwanee; corporate limits 4174 Thomaston; corporate limits; deannexation; election district 5030 Thomaston; Thomaston-Upson County Office Building Authority; powers 4446 Thomasville; city council and board of education; districts 5265 Thunderbolt; community improvement districts 4931 Toccoa; corporate limits; deannexation 4969 Tunnel Hill; conveyance of state property 914 Tybee Island; community improvement districts 4931 Union City; mayor and council; organizational meeting; mayor pro tempore 5304 Vernonburg; community improvement districts 4931 Vernonburg; elections; terms 3942 Vidalia; new charter 4096 Walthourville; Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Warner Robins; corporate limits; powers; duties; mayor pro tempore; city manager; referendum 3892

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Warner Robins; homestead exemption; city taxes; senior citizens; referendum 3707 Warner Robins; mayor and council; powers; vacancies 3839 Warner Robins; Warner Robins Building Authority; secretary; city clerk 3842 Waycross; corporate limits 4533 Winterville; mayor and council; vacancies; municipal court; establishment 3753 MUNICIPALITIES BY POPULATION 1,500, more than, local governmental units of, or expenditures of $175,000.000 or more; audits 1083 10,400-10,580, cities of; housing authority; additional commissioners; repealed 237 14,310 - 15,140, cities of; rural telephone cooperative; commercial office building and warehouse authorized; repealed 237 15,000 or more, cities of; located in counties of 59,000 - 60,000; failure to return taxable property by taxpayer; repealed 237 15,000 or more, cities of; within counties of 59,000 - 60,000; choice of tax assessments; repealed 237 40,000, more than, cities of lying in counties of 183,000 - 216,000; municipal elections; conduct by county board of elections; repealed 237 119,500 - 250,000, cities of; authorized to become self-insurer; repealed 237 120,000 - 160,000, cities of; housing authority; additional commissioners; repealed 237 150,000 or more, cities of; power to incur bonded indebtedness as approved by two-thirds of voters voting; repealed 237 300,000, more than, cities of; 24 hour schools; repealed 237 300,000 or more, cities of; traffic court; terms; sessions 862 300,000 or more, counties with city of; joint city-county board of tax assessors; repealed 129 400,000 or more, cities of; regulation of school bus drivers; repealed 237 Cities located in counties of 500,000 or more; planning department to notify tax assessors of zoning changes; repealed 237 County and city taxes on life insurers; population determination 528 County sites of counties of 32,500 - 34,100, not to maintain own voter registration lists; repealed 237 MUNICIPALITIES - HOME RULE AMENDMENTS Ashburn; city manager 5238 Augusta; general retirement fund; investments 5276 Avondale Estates; employment; contracts 5386 Baxley; council; districts 5350 Brunswick; parks and squares 5326 Cartersville; wards 5281 Chamblee; council; districts 5375 Dalton; administrator 5310 Dawson; mayor and councilmembers; residency 5245 Doraville; mayor, mayor pro tem, and council; compensation 5343

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East Point; city ad valorem taxes; collection by county tax commissioner 5251 East Point; City of East Point Pension Board of Trustees; powers; trust agreement; assets 5216 East Point; director of finance and assistant director of finance 5257 East Point; Personnel Board of Appeals 5369 Gainesville; council; compensation 5248 Gainesville; council; wards 5290 Gainesville; public schools 5347 Gainesville; retirement system; benefits; service 5286 Gainesville; supplemental appropriations 5383 Griffin; board of commissioners; districts 5223 Griffin; cemetery trust fund; water, light, and sewerage department emergency reserve fund 5233 Griffin; tax collector abolished; transfer of duties 5242 Macon; Macon Fire and Police Employees Retirement System; average compensation 5390 Macon; Macon Pensions and Retirement System; retirement committee 5210 Milledgeville; mayor and council; terms; districts; election dates 5356 Moultrie; council; districts 5207 Powder Springs; council; districts 5296 Rockmart; council; wards 5318 Savannah; pension plan; alternative retirement date for police and fire employees 5331 Savannah; pension plan; delayed retirement date for police and fire employees 5336 Thomasville; city council and board of education; districts 5265 Union City; mayor and council; organizational meeting; mayor pro tempore 5304 RESOLUTIONS AUTHORIZING COMPENSATION Mr. Craig J. Winkler 1184 Mr. James C. Cook 369 Mr. Jimmy Helton 1183 Mr. Louis Horn III 1189 Mr. Nelson O. Scoggins 1217 Mr. Walter Lewis 1182 Ms. Shirley Selph 1185 RESOLUTIONS AUTHORIZING LAND CONVEYANCES Amicalola Electric Membership Corporation; easement 1988 Atlanta Gas Light Company; easement 1988 Baldwin County Board of Education; easement 1988 Barrow County; lease of state property 1226 BellSouth Telecommunications, Inc.; easement 1988 Brooks County; sale of state property to county 1187 Brunswick; Lissner House; sale to city 1194 Carlton Company; easement 1988 Cave Spring; sale to city Vetoed HR 814

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Chattooga County; conveyance of state property 908 Coastal Center for Developmental Services, Inc.; lease 1229 ConAgra Poultry Company; lease in Whitfield County 906 Georgia 8 Cellular Limited Partnership; lease of state property in Bryan County 1208 Georgia Building Authority (Hospital); conveyance of state property or interests at Central State Hospital 923 Georgia Ports Authority; sale of property to Columbus, Georgia 370 Georgia Power Company; easements 751 Georgia Power Company; sale or exchange of state property at Tallulah Gorge 917 Glynn County; sale of property in county 1195 Grady County; conveyance of state property 1972 GTE Telephone Systems, South Area; easements 751 Gwinnett/Rockdale/Newton Creative Enterprises, Inc.; lease 1229 Jackson Electric Membership Corporation; easements 751 Jenkins County; sale of state property in county 1203 Kennesaw; lease to city 1198 Milledgeville; easement to city 1988 Norfolk Southern Railroad; easement 1988 Norfolk Southern Railway Company; sale, lease, or exchange of state property in Fulton County 749 Northland Premier Cable Limited Partnership; lease of state property in Rabun County 1211 Spartan Radiocasting Company; lease of state property in Rabun County 1213 Tunnel Hill; conveyance of state property 914 United States of America; lease of state property in Chatham County 1201 Walker County; easement 1988 MISCELLANEOUS RESOLUTIONS Aged and Disabled Transportation Task Force; creation 1983 Carlton H. Colwell Probation Detention Center; designated 1216 Cherokee County Property Tax Structure Study Committee; creation 5121 Comprehensive family and individual support plan for persons with disabilities; development urged 1180 GA 96 AG Joint Steering Committee; creation 1219 Garland T. Byrd Bridge; designated 916 Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Georgia State Museum and State Library Study Commission; creation 1224 Hardy Durham Faulk, Sr., Memorial Bridge; designated 376 Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 Herbert A. Saliba Bridge; designated 1191 Howard Bo Warren Parkway; designated 375 James E. Billy McKinney Bridge; designated 1218 Jerry D. Jackson Bridge; designated 1207 Joint Historic Dramas Study Committee; creation 1980 Joint Regional Hospital Study Committee; creation 1978 Joint Rhodes Memorial Hall Study Committee; creation 911 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; creation 1980

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Joint Study Commission on Revenue Structure 1975 Martin Luther King, Jr., Boulevard; designated 764 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 Private George W. Lee, Jr., Memorial Bridge; designated 1218 Ralph County Brown Highway; designated 1223 Ray McKibben Medal of Honor Highway; designated 1186 Reginald Trice Parkway; designated 1234 Robert Lee Patten II Probation Detention Center; designated 925 Swamp Gravy; designated as Georgia's Official Folklife Play 373 T. P. Ramsey Bridge; designated 905 Vendie Hudson Hooks, Sr., Memorial Highway; designated 1190 Walter Kelly, Jr., Bridge; designated 921 Ward Edwards Bridge; designated 903 World War II veterans; appreciation; monument study 1192

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INDEX A ACCOMMODATIONS TAX Use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trails and walkways 793 ACWORTH, CITY OF Corporate limits 3704 AD VALOREM TAXES Ad valorem taxes for education; commission for collection 237 Additional county boards of equalization; decisions to specify reasons 318 Aircraft; return in county of primary home base 1776 Amnesty 428 Appeals of assessments; filing by mail; forms; time for response; consolidation; service; continuances 1088 Arbitration as alternative method to appeal decision of tax assessors; notice of changes in returns 1823 Assessors; joint city-county board in certain counties; repealed 129 Certain cities to choose assessment; repealed 237 Collection by levy and sale in certain counties by tax collector or commissioner; written consent of sheriff; repealed 237 Commissions after court action prohibiting collection in certain counties; repealed 237 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 County boards of equalization; additional boards; decisions to specify reasons 318 County boards of equalization; members; instructional requirements; ineligibility 1051 County property appraisers; service as members of board of tax assessors 507 Demand for immediate payment upon evidence of intention to leave or remove property from state; bond; assessment; millage rate 561 Exemption for blueberry plants; referendum 927 Exemption for headquarters of veterans organization; referendum 965 Failure to return taxable property by taxpayer in certain cities; repealed 237 Homestead exemption; senior citizens; income not exceeding $30,000.00; referendum 400 Homestead exemptions; date for filing application 507 Interest and penalty on delinquent taxes in certain counties; repealed 237 Knowing false statement regarding motor vehicle registration is false swearing; penalty 790 Motor vehicles; knowing false statement regarding registration is false swearing; penalty 790 Quarterly billings in certain counties; repealed 237

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Realty owned by authority operating hospital of more than 100 beds in county of 50,000 or more leased primarily to private business 781 Tax assessors ineligible for state and county offices in certain counties; repealed 237 Tax commissioners; compensation 620 Temporary tax bill during pendency of appeal; notice; interest; exemption from interest 787 Time for making return in certain counties; repealed 237 Valuation by board of equalization or superior court; investigation required before changing for two years 786 ADDICTION COUNSELORS Professional counselors, social workers, and marriage and family therapists; addiction counselors; license exemption 953 ADJUTANT GENERAL Georgia National Guard 655 ADMINISTRATIVE PROCEDURE ACT Code revision 97 Contempt; disobedience or resistance of lawful order 1270 Hearing officers; powers and authority 1270 Office of State Administrative Hearings; creation 1856 Proposed rules; notice to General Assembly committee chairperson and by request to committee members 503 Writs of fieri facias to collect fines for violation of lawful order 1270 ADMINISTRATORS Oath; bond; property sale by temporary administrator 1173 ADOPTION Payments for programs for potential foster and adoptive parents 409 ADVERTISING Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 Price of admission; service charge 1368 ADVISORY BOARD ON SPACE MANAGEMENT Repealed 1865

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AGED AND DISABLED TRANSPORTATION TASK FORCE Creation 1983 AGGRAVATED ASSAULT Redefined 1920 AGGRAVATED SEXUAL BATTERY Condition of parole when victim under 18; notice to public school superintendent and sheriff 791 AGRICULTURAL COMMODITIES COMMISSIONS Employees' Retirement System of Georgia; agricultural commodity commission employees; creditable service 339 AGRICULTURE Employees' Retirement System of Georgia; agricultural commodity commission employees; creditable service 339 Employees' Retirement System of Georgia; Georgia Agrirama Development Authority; creditable service 332 GA 96 AG Joint Steering Committee; creation 1219 Georgia Agricultural Exposition Authority; venue for actions changed from Fulton County to Houston County 590 Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Honeybee production; regulation 1716 Presumption of intention to convert rented or leased property 650 Seed Arbitration Council; created 1761 Theft of unharvested commercial agricultural products 359 AID TO FAMILIES WITH DEPENDENT CHILDREN Initiative to Promote Work, Education, and Family Stability; earned income tax credit; value of vehicle owned by AFDC recipient; earnings of teenagers 765 Monthly reporting and retrospective budgeting; eliminated 765 Work for Welfare Program 765 AIRCRAFT Ad valorem taxes; return in county of primary home base 1776 Liens for labor, materials, or contracts of indemnity; filing; recording; fees 798 Local government tax on accommodations; use for museum of aviation and aviation hall of fame; use for pedestrian walkways and trails 793

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Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Buildings; designation urged 1980 ALAPAHA, TOWN OF Powers; governing authority; mayor pro tempore; mayor 4167 ALCOHOLIC BEVERAGES Code revision 97 Containers of 375 and 50 milliliters; retail sale; in-room service by hotels 553 Hotels; in-room service 553 Minors entering business engaged in retail sale in certain counties; repealed 237 Regulation by the state, counties, and municipalities; exhibition of nudity; proposed amendment to the Constitution 2018 Regulation of sale in certain municipalities 395 Retail sale; containers of 375 and 50 milliliters 553 Sale by the drink in certain counties and cities therein 237 Sale from 11:55 P.M. on Saturdays in certain counties and cities within such counties 237 Standard case; redefined 553 Submission to a chemical test; information to be provided by officer 472 Sunday sale in certain counties and cities within such counties 237 ALIENS Jurors; U.S. citizenship required 408 ALPHARETTA, CITY OF Homestead exemptions; city taxes; referendums 4669 Municipal court 4271 AMATEUR RADIO OPERATORS Motor vehicle license plates; amateur radio operators; retired members of the Georgia National Guard 1848 AMERICUS, CITY OF School system; funding for fiscal year 1995; merger with Sumter County School System 4187 AMICALOLA ELECTRIC MEMBERSHIP CORPORATION Easement 1988

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AMNESTY Property taxes 428 Unemployment taxes 837 AMUSEMENT MACHINES Coin operated amusement machines; license fees; permit fees; sunset repealed 834 ANATOMICAL GIFTS Drivers' licenses; fees; reduction for applicants making anatomical gifts 1390 ANIMALS Dogs and cats; sale; sterilization 999 Guide or service dog; accompanying trainer 1405 Wild animals; licenses; insurance; progeny; fee-exempt permits; release 1742 See also GAME AND FISH ANNEXATION Deannexation by ordinance of municipal corporations 652 APPEAL AND ERROR Criminal cases; state's appeal; defendant's cross appeal; procedures 311 Criminal cases; state's appeal; defendant's cross appeal; procedures 1012 Delinquency cases; state's appeal 856 Grant or denial within 30 days of application 347 Probate courts in certain counties 1665 State's appeal in criminal cases; defendant's cross appeal; procedures 311 State's appeal in delinquency cases 856 Supersedeas bond; motion in trial court; filing at time fixed by trial court 347 Time for grant or denial 347 Trial court; motion for supersedeas bond; fixing time for filing bond 347 APPLING COUNTY Board of commissioners; districts 3608 Board of education; districts 3601 Board of education; nonpartisan nomination and election; referendum 4148 Magistrate court; chief magistrate; nonpartisan nomination and election; referendum 4144 Probate court; judge; nonpartisan nomination and election; referendum 4150

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APPRAISALS Real estate appraisers; temporary permits; oral appraisal reports; penalties 881 APPROPRIATIONS Lottery; programs started from lottery proceeds; conditions for continuation from general fund 470 S.F.Y. 1994-1995 1506 Supplemental for S.F.Y. 1993-1994 7 See also BUDGET ARBITRATION Ad valorem taxes; arbitration as alternative method to appeal decision of tax assessors 1823 ARREST Loitering, violation of county ordinance relating to; arrest prior to trial 292 ASHBURN, CITY OF City manager 5238 ATHENS-CLARKE COUNTY Upper Oconee Basin Water Authority; creation 5123 ATKINSON COUNTY Board of commissioners; membership; districts; terms; elections; compensation 4418 ATLANTA, CITY OF City Court of Atlanta; Code Title 40, Chapter 13, Article 2, relating to arrests, trials, and appeals in traffic cases, not applicable to court 604 Employee complaints; waste and abuse 4394 Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959 Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Urban enterprise zones; mixed-use zones; ordinances; tax exemptions 5055

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ATLANTA GAS LIGHT COMPANY Easement 1988 ATTORNEY GENERAL Compensation 1065 ATTORNEYS Indigent defense; state funded local programs; in what cases legal representation provided 355 Law students and instructors as legal assistants; law schools outside state; 18 months 313 AUCTIONEERS Exemption for public sale of personal property 1391 AUDITS Local governments 1083 Regional development centers 1636 AUGUSTA, CITY OF General retirement fund; investments 5276 AUTHORITIES Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources 1108 Downtown development authorities; directors; terms 1006 Geo. L. Smith II Georgia World Congress Center Authority 421 Georgia Agricultural Exposition Authority; venue for actions changed from Fulton County to Houston County 590 Georgia Agrirama Development Authority; Employees' Retirement System of Georgia; creditable service 332 Georgia Environmental Facilities Authority; Georgia Water Quality Control Act; federal grants transferred to 555 Georgia Music Hall of Fame Authority; nonprofit subsidiaries 493 Georgia Sports Hall of Fame; created 1251 Georgia Superior Courts' Cooperative Authority; clerks 665 For local authorities see the names of the authorities

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AVIATION Ad valorem taxation; aircraft; return in county of primary home base 1776 Liens for labor, materials, or contracts of indemnity; filing; recording; fees 798 Local government tax on accommodations; use for museum of aviation and aviation hall of fame; use for pedestrian walkways and trails 793 Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 AVONDALE ESTATES, CITY OF Employment; contracts 5386 B BACON COUNTY Board of education; compensation; benefits 4201 BAD CHECKS Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check; warrants; trials; fraudulent printing, executing, negotiating 1787 No contest cash bonds; forfeiture 865 BAIL Bad check prosecutions; no contest cash bonds; forfeiture 865 Bonds; approval of sureties; rules for professional bonding companies; realty bonds; qualifications for professional bondspersons 532 Sheriffs; deposits in interest-bearing accounts; cash reserves of professional bondspersons excluded 1179 BALDWIN COUNTY Board of education; easement 1988 Homestead exemptions; county and school district taxes; referendums 4459 BANKING AND FINANCE Bad checks; no contest cash bonds; forfeiture 865 Code revision 97 Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check; warrants; trials; fraudulent printing, executing, negotiating 1787

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Financial institutions; affiliate transfers; credit union loans; check cashiers 1780 Financing statements; central indexing system 1693 Insurance, banking, or trust companies; stock issuance 694 Mortgage lenders and brokers; licensing 570 Nation-wide reciprocal banking; acquisitions 215 BARNESVILLE, CITY OF City manager; supervisors; administrator; director of utilities and public works 4190 BARROW COUNTY Lease of state property 1226 Upper Oconee Basin Water Authority; creation 5123 BARTOW COUNTY Cherokee Judicial Circuit; judges; district attorney; salary supplements 4779 Homestead exemption; county taxes; referendum 4058 Homestead exemption; school district taxes; referendum 4556 Homestead exemption; school district taxes; referendum 4904 Homestead exemption; school district taxes; referendum 4900 BAXLEY, CITY OF Council; districts 5350 BEAUTY PAGEANTS Redefined; notice to entrants; escrow; liability 1165 BELLSOUTH TELECOMMUNICATIONS, INC. Easement 1988 BEN HILL COUNTY Board of education; members; nonpartisan primaries and elections 3728 Board of elections and registration; creation 4989 Cordele Judicial Circuit; judges; salary supplement 4920 BIBB COUNTY Civil service system; vacancies; demotions; suspensions; removals; hearings 4686 Reginald Trice Parkway; designated 1234

Page LXX

BINGO Recreational bingo; redefined 490 Recreational bingo; redefined 1002 BLACKSHEAR, CITY OF Powers; municipal utilities 4161 BLAKELY, CITY OF New charter 4579 BLASTERS Regulation 728 BLOOMINGDALE, CITY OF Community improvement districts 4931 BLUEBERRIES Tax exemption for blueberry plants; referendum 927 BLUFFTON, CITY OF New charter 3786 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA Regents Retirement Plan; board of trustees to establish rate of employee contributions 660 BOARD OF EDUCATION See EDUCATION BOATS Flotation devices; operation of personal watercraft by children; water skiing; reckless operation 680 Georgia Boat Safety Act; jurisdiction in probate courts 1163 See also GAME AND FISH

Page LXXI

BONA FIDE CONSERVATION USE PROPERTY Covenants; transfers; limited-duration covenants 428 BONDS Bad check prosecutions; no contest cash bonds; forfeiture 865 Sheriffs; deposits in interest-bearing accounts; cash reserves of professional bondspersons excluded 1179 Sheriffs and deputies; conditioned upon accounting for funds and property under control 747 Sureties, approval of; professional bonding companies; realty bonds; professional bondspersons 532 BONDSPERSONS Sheriffs; deposits in interest-bearing accounts; cash reserves of professional bondspersons excluded 1179 Sureties, approval of; professional bonding companies; realty bonds; professional bondspersons 532 BOUNDARIES Between Georgia and South Carolina 824 Corporate limits of municipalities; deannexation by ordinance 652 BROOKS COUNTY Sale of state property to county 1187 BROWN, RALPH COUNTRY Ralph County Brown Highway; designated 1223 BRUNSWICK, CITY OF Parks and squares 5326 Sale of state property to the City of Brunswick; Lissner House 1194 BUDGET Lottery; programs started from lottery proceeds; conditions for continuation from general fund 470 Lottery; scholarship shortfall reserve subaccount 1662 Lottery; shortfall reserve subaccount 425 See also APPROPRIATIONS

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BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE Decentralization of state government; powers and duties relative to 1865 BUILDINGS AND HOUSING Code revision 97 Conditioned air contractors; bonds; local code compliance 662 Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources 1108 Home inspectors; written document required; contents; penalty 471 Housing authorities in certain cities; additional commissioners; repealed 237 Innkeepers; Olympic Games; excessive rates; penalties 1364 Plumbers; bonds; local code compliance 662 Real estate appraisers; temporary permits; oral appraisal reports; penalties 881 Smoke detectors; installation in all buildings 1235 BURKE COUNTY Board of elections and registration; creation 4180 BUSINESS EXPANSION SUPPORT Job tax credits in less developed areas; manufacturer's investment tax credits; income tax credits for employee retraining or child care 928 Sales and use tax exemptions for electricity, primary material handling equipment, and manufacturing machinery 928 BUSINESS LICENSES Occupation taxes; exemption clarified 366 BUTTS COUNTY Board of commissioners; compensation; expenses 3833 Board of commissioners; membership; districts; elections; terms; chairperson; compensation 4448 Board of education; districts; terms; elections; qualifications 4032 BYRD, GARLAND T. Garland T. Byrd Bridge; designated 916

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C CALHOUN COUNTY Sheriff; compensation 3831 CAMDEN COUNTY Board of commissioners; elections; terms 3661 CAMPAIGNS Campaign finance disclosure and regulation; personal financial disclosure; lobbyist reporting; names of political action committees; contributions 258 Reports; additional filing fees for late reports 257 See also ELECTIONS CANDLER COUNTY Middle Judicial Circuit; judges; expenses 4888 CANON, CITY OF New charter 4214 CAPITAL OUTLAY FUNDS Funding 1325 CARGO CONTAINERS Cargo containers; sales and use tax; exemption 132 CARLTON COMPANY Easement 1988 CARLTON H. COLWELL PROBATION DETENTION CENTER Designated 1216 CARROLL COUNTY Motor vehicle registration periods; referendum 3835

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CARTERSVILLE, CITY OF Wards 5281 CATOOSA COUNTY Probate court; judge; superior court; clerk; clerical help allowances 5083 CATS Sale; sterilization 999 CAVE SPRING, CITY OF Corporate limits 4885 Sale of state property to city Vetoed HR 814 CEDARTOWN, CITY OF Martin Luther King, Jr., Boulevard; designated 764 New charter 4628 CEMETERIES Registration; exemption for nonperpetual care historical cemeteries 329 CENTERVILLE, CITY OF Homestead exemption; city taxes; referendum 3849 CENTRAL STATE HOSPITAL Georgia Building Authority (Hospital); conveyance of state property or interests at Central State Hospital 923 CERTIFICATES OF TITLE Applications; perfection of security interests 352 Mobile homes; manufactured homes; transfer; retired titles 741 Registration; knowing false statement is false swearing; penalty 790 Replacements; fees 1851 CHAMBLEE, CITY OF Council; districts 5375

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CHARITABLE ORGANIZATIONS Eligible voluntary charitable organizations defined 567 Raffles by nonprofit organizations; legality; regulations; proposed amendment to the Constitution 2024 CHARITABLE SOLICITATION Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 CHARLTON COUNTY Board of commissioners; districts 3625 Board of education; districts 3631 CHATHAM COUNTY Board of commissioners; districts 3990 Board of public education; districts 4003 Board of tax assessors; appointment; joint board; abolition and transfer of records 3940 Chatham County Recreation Authority; creation 4329 Community improvement districts 4931 Convention and trade center; Georgia International and Maritime Trade Center 166 Georgia International and Maritime Trade Center 166 Georgia International and Maritime Trade Center Authority; creation 4329 Intergovernmental Council of Chatham County; Act repealed 3766 Juvenile court; judge; compensation 3749 Magistrate court; magistrates; election 3772 CHATHAM COUNTY RECREATION AUTHORITY Creation 4329 CHATTOOGA COUNTY Conveyance of state property 908 Ralph Country Brown Highway; designated 1223 CHECK CASHERS Conviction data on applicants 1780 CHEROKEE COUNTY Board of education; per diem 4210 Board of education; per diem 4898

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Cherokee County Property Tax Structure Study Committee; creation 5121 Homestead exemption; school district taxes; referendum 4701 CHEROKEE COUNTY PROPERTY TAX STRUCTURE STUDY COMMITTEE Creation 5121 CHEROKEE JUDICIAL CIRCUIT Judges; district attorney; salary supplements 4779 CHILD ABUSE Records of children being considered for foster care placement; access for foster parents, child-caring agencies, and child placing agencies 967 State Children's Trust Fund and Commission; eligibility criteria; disbursements; interest; repeal date changed; obsolete provisions repealed 509 CHILD ABUSE AND NEGLECT PREVENTION ACT State Children's Trust Fund and Commission; eligibility criteria; disbursements; interest; repeal date changed; obsolete provisions repealed 509 CHILD MOLESTATION Condition of parole; notice to public school superintendent and sheriff 791 CHILD PROTECTIVE SERVICES Records of children being considered for foster care placement; access for foster parents, child-caring agencies, and child placing agencies 967 CHILD SUPPORT Health insurance in child support orders 1728 Income deduction orders; hearings; certain exceptions removed 1270 Joint Study Committee on Child Support; created 1728 Professional, business, and occupational licenses; persons not complying with child support orders 1728 CHILDREN Safety belts; use by minors in pickup trucks required 1005

Page LXXVII

CITIZENS Jurors; U.S. citizenship required 408 CIVIL PRACTICE Code revision 97 Court reporters; disqualification; prohibition of certain contracts 1007 Frivolous actions; time for motion for attorney's fees and costs of litigation 856 Judgment liens; possession by bona fide purchaser; discharge 310 Two carrier coverage; settlement of claims and release from liability 1156 CLAY COUNTY Board of commissioners; clerk; county administrator; checks 3596 Board of education; members; qualifications; compensation 3599 CLAYTON, CITY OF Clayton-Rabun County Water and Sewer Authority; financing of projects; bonds 4072 CLAYTON COUNTY Board of commissioners; chairman; compensation 4070 Board of education; compensation 4066 Civil service system; creation 4399 Clayton County Airport Authority; creation 4305 Clayton County Public Employee Retirement System; benefits 5166 Clayton County Public Employee Retirement System; membership 5198 Clayton Judicial Circuit; district attorney; salary supplement 4064 Clayton Judicial Circuit; judges; salary supplement 4062 Coroner; compensation 4068 Director of finance; purchasing agent; duties; inventory 5173 Probate court; judge; compensation 4562 Sheriff; compensation 4883 State court; deposits for advance costs 3985 State court; judges; compensation 4138 State court; solicitor; compensation 4287 Superior court; clerk; compensation 4882 Superior court; court reporters; compensation 4397 Superior court; district attorney; salary supplement 4064 Superior court; judges; salary supplement 4062 Tax commissioner; compensation 4185 CLAYTON COUNTY AIRPORT AUTHORITY Creation 4305

Page LXXVIII

CLAYTON JUDICIAL CIRCUIT Court reporters; compensation 4397 District attorney; salary supplement 4064 Judges; salary supplement 4062 CLAYTON-RABUN COUNTY WATER AND SEWER AUTHORITY Financing of projects; bonds 4072 CLEAN WATER WEEK Designated 1403 CLERMONT, TOWN OF New charter 4782 CLINICAL NURSE SPECIALISTS Performance of certain acts 1249 CLINICAL RECORDS Mentally ill, mentally retarded, alcoholic, and drug dependent patients; appeals; release of clinical records 1072 COASTAL CENTER FOR DEVELOPMENTAL SERVICES, INC. Lease of state property 1229 COBB COUNTY Board of commissioners; districts 4254 Civil service system; dismissals; hearings; political activity 4625 Cobb County-Marietta Water Authority; members; qualifications 4262 Community improvement districts; taxes; notices 4289 District attorney; investigators; assistant district attorneys; compensation 4622 Juvenile court; judges; compensation 4506 Probate court; judge; clerk; compensation 4054 Sheriff; chief deputy; chief investigator; executive assistant; compensation 4927 Sheriff; vacancies; chief investigator; qualifications 3762 State court; judges; compensation 4529 State court; second division; judges; compensation 4531 State court; solicitor; compensation 4619 State court; solicitor and assistant solicitors; designations 3938 Superior court; clerk; deputy clerk; compensation 5080

Page LXXIX

Tax commissioner; chief clerk; executive secretary; compensation 4503 Walter Kelly, Jr., Bridge; designated 921 COBB COUNTY-MARIETTA WATER AUTHORITY Members; qualifications 4262 COBB JUDICIAL CIRCUIT District attorney; investigators; assistant district attorneys; compensation 4622 CODE REVISION Elections 96 O.C.G.A.; corrections and reenactment 97 Retirement 92 COFFEE COUNTY Board of commissioners; districts; terms 3663 Board of education; districts; terms 3672 COLLECTIONS Administrative procedure; writs to collect fines for violation of lawful order 1270 Liens on aircraft for labor, materials, or contracts of indemnity; filing; recording; fees 798 Notice from surety to creditor to collect from principal 746 Tax executions; notice of taxes due on personalty not required 358 Tax liens; setoff against condemnation award in eminent domain for urban development 877 Unemployment tax amnesty program; collection fees; debt collection services 837 Water suppliers 1957 COLQUITT, CITY OF Swamp Gravy; designated as Georgia's Official Folklife Play 373 COLQUITT COUNTY Board of education; membership; elections; referendum 3614 Homestead exemptions; county and school district taxes; referendum 3859 COLUMBIA COUNTY Homestead exemption; county and school district taxes; referendum 4080

Page LXXX

COLUMBUS, GEORGIA, CONSOLIDATED GOVERNMENT OF Board of education; rate of tax levy; certification date 4538 Columbus Airport Commission; police 3699 Georgia Ports Authority; sale of property to Columbus, Georgia 370 Mayor and council; nonpartisan elections 4386 Muscogee County; state court; judges; compensation 4029 COLUMBUS AIRPORT COMMISSION Police 3699 COLWELL, CARLTON H. Carlton H. Colwell Probation Detention Center; designated 1216 COMMERCE AND TRADE Beauty pageants 1165 Code revision 97 Deceptive or fraudulent telemarketing 536 Fair Business Practices Act of 1975; construction of written agreement for payment application consistent therewith 696 Flea markets; records of property acquired for retail sale; regulation by local governments 1915 Fraudulent attempts to obtain refunds 850 Future interests descendible, devisable, and alienable as estates in possession 364 Geo. L. Smith II Georgia World Congress Center Authority 421 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Home solicitation sales; written agreement for payment application 696 Limited liability companies and partnerships; trade names; certificates; dissolution transfer instruments; organization; approval 161 Notice from surety to creditor to collect from principal 746 Payment application in retail installment and home solicitation sales, written agreement for; construction 696 Payment bonds for construction contracts 870 Retail installment sales; written agreement for payment application 696 Securities; limited liability companies; Secretary of State; cooperation with other regulatory entities; central registration and records 860 Security deposits for construction contracts 870 Telemarketing; deceptive or fraudulent; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 Ticket scalping 1368 COMMERCIAL CODE Financing statements; central indexing system 1693

Page LXXXI

COMMERCIAL MOTOR VEHICLES Chauffeur permits for limousine carriers 1238 Commercial drivers' licenses; definitions; serious traffic violation; tank vehicle 1058 School bus drivers; random drug testing 846 COMMISSIONER OF AGRICULTURE Seed arbitration; duties relating thereto; rules and regulations 1761 Structural pest control duties relative to required insurance 1245 See also AGRICULTURE COMMISSIONER OF INSURANCE No filing fees required for refiling of certain documents; limited benefit insurance; defined 858 Rate filings 647 See also INSURANCE COMMISSIONER OF LABOR High-voltage safety; administration, enforcement, and rule-making by Commissioner of Labor; repealed 1673 Labor pools; enforcement powers relative to 1152 Unemployment tax amnesty program, authority, powers, and duties relative to 837 See also LABOR AND INDUSTRIAL RELATIONS COMMISSIONER OF PERSONNEL ADMINISTRATION Administration of payroll deductions for not-for-profit organizations 699 State Productivity Council; membership on 1844 COMMISSIONER OF REVENUE Income taxes; withholding; lottery prizes; state revenue commissioner to promulgate regulations 361 Income taxes; withholding for periodic payments and election not to withhold; rules and regulations 595 Powers, duties, and authority relative to distribution of proceeds of joint county and municipal sales and use tax 1816 See also REVENUE AND TAXATION COMMODITIES Telemarketing; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536

Page LXXXII

COMMON CARRIERS Motor vehicle license plates; trailers used as common or contract carriers for hire; permanent plates 1373 COMMUNITY SERVICE BOARDS Social workers; exemptions from licensing of professional counselors 404 State Merit System of Personnel Administration; department and agency; definition 437 Unemployment compensation and workers' compensation for employees; insurance for automobiles, property, and employees 1717 COMPENSATION FOR VICTIMS Payments to victims, providers, and dependents; criminally injurious conduct; maximum awards; counseling awards; additional penalty for juveniles 1800 CONAGRA POULTRY COMPANY Lease of state property 906 CONDITIONED AIR CONTRACTORS Bonds; code compliance 662 Propane dealers; installation, repair, or service of propane system, piping, or components 662 CONDOMINIUMS Restrictive covenants 1943 Restrictive covenants Vetoed HB 572 Suspension of services to unit owners; liability for common expenses and assessments; fees; amendment of instruments; association powers Vetoed HB 572 Suspension of services to unit owners; liability for common expenses and assessments; liens; fees; amendment of instruments; association powers 1943 CONSERVATION AND NATURAL RESOURCES Code revision 97 Drinking Water Revolving Fund 555 Environmental Protection Division of Department of Natural Resources; request for issuance of public debt to fund corrective action; standards, rules, and regulations; criminal violations; order for cessation 1101 Erosion and Sedimentation Act of 1975; minimum requirements; permits; bonds; enforcement; penalties; exemptions 1650

Page LXXXIII

Federal grants transferred to Georgia Environmental Facilities Authority 555 Georgia Agricultural Exposition Authority; venue of actions 590 Georgia Music Hall of Fame Authority; nonprofit subsidiaries 493 Georgia Sports Hall of Fame; created 1251 Georgia Water Quality Control Act; federal grants transferred to Georgia Environmental Facilities Authority 555 Hazardous waste; burning in cement kilns; variances; small quantity generators; fees; exemptions 483 Income tax credits for investment in recycling machinery, recycling manufacturing facility 928 Income tax credits for pollution control or prevention machinery or facility 928 Regional solid waste management authorities; removal of political subdivision 1101 Solid waste; stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 Solid waste handling and disposal facilities; modification of permits to allow expansion 1922 Solid waste management; criminal violations of standards, rules, and regulations; packaging components; public debt to fund corrective action 1101 Sublease of specified property; terms; approval by U.S. Army Corps of Engineers 173 Underground storage tanks; inspections; trust fund; third-party liabilities; subrogation; fees; corrective actions; costs; liens; notification; violations; penalties; emergency orders 804 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 Water conservation plans; rules; when submission required 863 Water Conservation Task Force 863 See also GAME AND FISH and WATERS OF THE STATE, PORTS, AND WATERCRAFT CONSOLIDATED GOVERNMENTS Nonpartisan election of offices 131 CONSTITUTION OF THE STATE OF GEORGIA Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity 2018 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts 2025 Courts; nonuniform pilot projects 2020 Health care providers; contracts or agreements which may have the effect of lessening competition 2022 Raffles by nonprofit organizations 2024 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole 2015

Page LXXXIV

CONSUMER PROTECTION Beauty pageants 1165 Seed arbitration 1761 See also COMMERCE AND TRADE CONTEMPT Administrative procedure 1270 CONTRACT CARRIERS Motor vehicle license plates; trailers used as common or contract carriers for hire; permanent plates 1373 CONTRACTORS Conditioned air contractors; bonds; local code compliance 662 Home inspectors; written documents required; contents; penalty 471 Payment bonds for construction contracts; notice of commencement 870 Security deposits for construction contracts; notice of commencement 870 Telemarketing by electrical, conditioned air, low-voltage, and utility contractors and plumbers 536 Timely payments to contractors, subcontractors, and suppliers 1398 Utility; definitions; licensing; contract bids 383 Utility; licensing 1 CONTRACTS Code revision 97 Construction contracts; payment bonds 870 Department of Children and Youth Services; contracts 304 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Timely payments to contractors, subcontractors, and suppliers 1398 See also COMMERCE AND TRADE CONTROLLED SUBSTANCES Dangerous drug; defined; exemption 849 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Listing 169 CONYERS, CITY OF Council; membership; districts; elections; vacancies; election superintendent; referendum 3969

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COOK, MR. JAMES C. Compensation 369 CORDELE JUDICIAL CIRCUIT Judges; salary supplement 4920 CORONERS Annual training 356 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Code revision 97 Conversion of mutual insurer to a stock insurer; procedures 300 Foreign limited liability partnerships; formation; certificates of authority 1674 Insurance, banking, or trust companies; stock issuance 694 Limited liability companies; trade names; certificates; transfer instruments; organization; approval rights of members and managers 161 Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 COTTON Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 COUNTIES Abandonment of highways; notice; hearing 294 Accommodations tax; use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trails and walkways 793 Adjoining county; acquiring title to land in for exchange; adjoining county's consent required; exceptions 1940 Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity; proposed amendment to the Constitution 2018 Arrest prior to trial for violation of county ordinance relating to loitering 292 Audits; standards; corrective action; state grants withheld 1083 Boards of commissioners; compensation; counties of 26,290 - 27,280; repealed 4056 Commissioner in certain counties; compensation; repealed 237 Compensation for clerks of superior court, probate judges, sheriffs, and tax collectors and commissioners 620

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Conditioned air contractors; bonds; local code compliance 662 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 County and city taxes on life insurers; population determination 528 County boards of health; contracts with community service boards; regional boards; membership 437 County departments of family and children services; employees; membership in Employees' Retirement System of Georgia 738 County purchasing agent; powers and duties; certain counties 212 County work detail for felons sentenced to county jail Vetoed HB 1784 Depositories for the funds of counties 412 Erosion and Sedimentation Act of 1975; certification as issuing authority; local program review 1650 Federal programs; participation in for specified purposes; contracts 822 Georgia Peace Officer Standards and Training Act; basic training course; candidates; time limits; communications officers 1355 Good-time allowance for felons sentenced to county jail Vetoed HB 1784 Governing authorities; minutes of meetings 1940 Grand juries; inspection of county property 607 Highways; abandonment; notice; hearing 294 Holding court in place other than courthouse in certain counties 1052 Honeybee production; regulation 1716 Hotel-motel tax; use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trails and walkways 793 Jail; award of good-time allowance for felons sentenced to county jail Vetoed HB 1784 Jail; award of good-time allowances to inmates for probation violations of felony offenses 1955 Jail; sentencing judge authorized to designate confinement in for felons in specified circumstances Vetoed HB 1784 Joint county and municipal sales and use tax; distribution of proceeds; renegotiation; conflict resolution; termination 1816 Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 Law library 1923 Lobbyists; defined to include lobbying elected county officials, school superintendents, members of boards of education, and municipal officers 277 Local governmental units with expenditures of less than $175,000.00; audits; reports of agreed upon procedures; contracts with state auditor 1083 Occupation taxes; exemption clarified 366 Plumbers; bonds; local code compliance 662 Priority for day-care centers in or adjacent to industrial parks 822 Probation and intake services employees transferred to Department of Children and Youth Services 710 Public records; certain organizations of counties subject to open records access law 618 Tax collectors and commissioners; fees in certain counties 620 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927

Page LXXXVII

COUNTY BOARDS OF EQUALIZATION Additional boards; decisions to specify reasons 318 Appeals of assessments; filing by mail; forms; time for response; consolidation; continuances 1088 Members; instructional requirements; ineligibility 1051 Valuation by board of equalization or superior court; investigation required before changing for two years 786 COUNTY BOARDS OF FAMILY AND CHILDREN SERVICES Manner of appointment; vacancies 505 See also SOCIAL SERVICES COUNTY BOARDS OF HEALTH Contracts with community service boards 437 Tattoos; minimum age for obtaining; regulation of industry 446 COUNTY BOARDS OF TAX ASSESSORS Ad valorem taxes; temporary tax bill during pendency of appeal; notice; interest; exemption from interest 787 COUNTY LAW LIBRARY Trustees; joint use of resources; computer-related legal research equipment and programs 1923 COURT OF APPEALS Judges; compensation 1065 COURT REPORTERS Disqualification; prohibition of certain contracts 1007 COURTS Appeal; state's appeal in criminal cases; defendant's cross appeal; procedures 311 Appeal; state's appeal in delinquency cases 856 Appeal; supersedeas bond; motion in trial court; time for filing bond 347 Bad check prosecutions; deposit account fraud 1787 Bad check prosecutions; no contest cash bonds; forfeiture 865 Bonds; approval of sureties; rules for professional bonding companies; realty bonds; qualifications for professional bondspersons 532 City Court of Atlanta; Code Title 40, Chapter 13, Article 2, relating to arrests, trials, and appeals in traffic cases, not applicable to court 604

Page LXXXVIII

Code revision 97 Contracts to market records or data 671 Council of Municipal Court Judges of Georgia; created 1923 Court of Appeals; Judges; compensation 1065 Court reporters; disqualification; prohibition of certain contracts 1007 Criminal cases; state's appeal; defendant's cross appeal; procedures 311 District Attorneys' Retirement System; increased benefits for certain members 335 Domestic relations; standing order; removal of minor child; harassment; property sale 1161 Financing statements; central indexing system 1693 Georgia Agricultural Exposition Authority; venue of actions 590 Georgia Indigent Defense Council; employees; retirement 718 Georgia Indigent Defense Council; state funded local programs 355 Grand juries; alternate jurors; duties; disclosure to grand jury 607 Grand juries; examination of witness; presence of stenographer in certain counties; repealed 237 Grand juries; foreperson; oath 874 Grand juries; inspections of offices, records, and property 607 Indigent defense; state funded local programs; in what cases legal representation provided 355 Judges; appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Judges of superior courts and district attorneys; secretaries; retirement 708 Judgment liens; possession by bona fide purchaser; discharge 310 Jurors; U.S. citizenship required 408 Juvenile courts; appeal in delinquency cases by state 856 Juvenile courts; associate judges; qualifications in certain counties 562 Juvenile courts; community based risk reduction programs; confidential information 417 Juvenile courts; designated felonies; hijacking a motor vehicle 1625 Juvenile courts; driving under the influence; additional penalty 1800 Juveniles; certain violent juvenile offenders tried as adults; School Safety and Juvenile Justice Reform Act of 1994 1012 Law students and instructors as legal assistants; law schools outside state; 18 months 313 Magistrate courts; arrest prior to trial for violation of county ordinance relating to loitering 292 Magistrate courts; bad checks; deposit account fraud 1787 Magistrate courts; bad check prosecutions; no contest cash bonds; forfeiture 865 Minimum terms of imprisonment for certain violent offenders 1959 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Order, standing; domestic relations 1161 Orders not to resuscitate; procedures for such orders 672 Probate courts; costs; oath of guardians and administrators; fiduciary's bond; property sale by temporary administrator 1173 Probate courts; judge in certain counties; vacancy; repealed 237 Probate courts; judges; compensation 620 Probate courts; judges of the Probate Courts Retirement Fund of Georgia; joining or rejoining the fund; service credit 342 Probate courts; judges' qualifications, jury trials, appeals, and powers and qualifications of chief clerk in certain counties 1665

Page LXXXIX

Probate courts; jurisdiction to try violations of Georgia Boat Safety Act; waiver of jury trial 1163 Probate courts; service of minor or incapacitated adult 725 Sheriffs; bonds; deputy sheriff's bonds 747 Sheriffs; certification; vacancy in office for failure to become certified 521 Sheriffs; deposits in interest-bearing accounts; cash reserves of professional bondspersons excluded 1179 Sheriffs; vacancy in certain counties; repealed 237 Sheriffs' Retirement Fund of Georgia; membership 328 Sheriffs' Retirement Fund of Georgia; rate of contributions; benefits 325 Superior Court Clerks' Retirement Fund of Georgia; retirement and disability benefits 1811 Superior Court Judges Retirement Fund of Georgia; retired judges; prohibition on holding public office or practicing law repealed 722 Superior Court Judges Retirement System; cost-of-living increases 298 Superior Court Judges Retirement System; recovery of rejected spouses benefits 214 Superior courts; clerk in certain counties to notify realty buyer of homestead exemption; repealed 237 Superior courts; clerks; collection of intangible recording tax in certain counties 1767 Superior courts; clerks; compensation 620 Superior courts; clerks; custodians of records; contracts to market records or data 671 Superior courts; clerks; Georgia Superior Court Clerks' Cooperative Authority 665 Superior courts; clerks; recording of maps or plats; minimum standards 1096 Superior courts; clerks to notify purchaser of realty in certain counties regarding homestead exemptions; repealed 237 Superior courts; district attorneys; compensation 851 Superior courts; judges; appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Superior courts; judges; compensation 851 Superior courts; terms in Decatur and Mitchell counties 360 Superior courts; terms in Early County; holding court in place other than courthouse in certain counties 1052 Supersedeas bond; trial court; motion; filing bond 347 Supreme Court; Justices; compensation 1065 Traffic courts in certain cities; terms; sessions 862 Trial Judges and Solicitors Retirement Fund; retired judges and solicitors; prohibition on holding office repealed 722 Trial Judges and Solicitors Retirement Fund; spouses' benefits; contribution 341 Two carrier coverage; settlement of claims and release from liability 1156 COWETA COUNTY Homestead exemption; county taxes; referendum 3738 Homestead exemption; county taxes; referendum 3742

Page XC

Probate court; judge; nonpartisan nomination and election 3879 State court; judge and solicitor; compensation; duties; secretary 3736 CRAIG J. WINKLER Compensation 1184 CRAWFORD COUNTY Board of commissioners; compensation 4416 Homestead exemption; school district taxes; referendum 4515 Ward Edwards Bridge; designated 903 CREDIT UNIONS Loans; rates 1780 See also BANKING AND FINANCE CREDITORS See BANKING AND FINANCE and DEBTOR AND CREDITOR CRIMES AND OFFENSES Aggravated assault; redefined 1920 Anti-motor Vehicle Hijacking Act of 1994; offense defined; designated felony for juveniles; penalties; forfeiture; racketeering; where bailable 1625 Assistance in commission of suicide prohibited 1370 Bad check issuance redefined as deposit account fraud; drafts, debit card sales drafts, checks, and orders for payment included 1787 Code revision 97 Compensation for soliciting persons to register to vote based upon number of persons registered 1443 Contributing to delinquency of a minor 1158 Controlled substances and dangerous drugs; listing 169 Criminal records check of teachers and other personnel 1936 Dangerous drug defined; exemption 849 Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; warrants; trials; fraudulent printing, executing, negotiating 1787 Escape; penalties 852 Firearms; carrying and possession; exemptions for certain persons 547 Fleeing or attempting to elude a police officer; visual or audible signals 831 Fraudulent attempts to obtain refunds 850 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Hijacking a motor vehicle 1625 Indigent defense; state funded local programs; in what cases legal representation provided 355 International use of list of electors for commercial purposes 1443 Jails; award of good-time allowances to inmates for probation violations of felony offenses 1955

Page XCI

License to carry a pistol or revolver; felony offenders 351 Loitering; violation of county ordinance relating to; arrest prior to trial 292 Lottery ticket sales to minors; misdemeanor 1372 Minimum terms of imprisonment for certain violent offenders 1959 Obstruction or hindrance of an emergency medical technician 331 Presumption of intention to convert rented or leased property 650 Private detective or private security businesses; requirements for licensure 291 Property sale to political subdivision by local officer and employee; disclosure 607 Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 Recreational bingo; redefined 490 Recreational bingo; redefined 1002 Removal of human body parts from scene of death or dismemberment 334 Sale of lottery ticket to minor 1372 School Safety and Juvenile Justice Reform Act of 1994; certain violent juvenile offenders tried as adults 1012 Sexual offenders; condition of parole; notice to public school superintendent and sheriff; failure to provide notice 791 Smoking prohibited in child care facilities 650 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 Tattoos; minimum age for obtaining; regulation of industry 446 Theft of unharvested commercial agricultural products 359 Voter registration offenses 1443 Weapons; redefined 543 CRIMINAL JUSTICE COORDINATING COUNCIL Replacing Georgia Crime Victims Compensation Board 1800 CRIMINAL PROCEDURE Arrest; loitering; violation of county ordinance relating to loitering; arrest prior to trial 292 Bad check prosecutions; no contest cash bonds; forfeiture 865 Bail; family violence 1270 Bail; motor vehicle hijacking 1625 Bonds; approval of sureties; rules for professional bonding companies; realty bonds; qualifications for professional bondspersons 532 Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check 1787 Discovery and inspection, comprehensive regulation of; evidence disclosure; depositions; criminal history records 1895 Family violence; bail 1270 Forfeiture of weapons illegally possessed or carried; disposition; proceeds of sale if crime within city 963 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Indigent defense; state funded local programs; in what cases legal representation provided 355

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Juveniles; felonies; committal; School Safety and Juvenile Justice Reform Act of 1994 1012 Law students and instructors as legal assistants; law schools outside state; 18 months 313 Minimum terms of imprisonment for certain violent offenders 1959 Motor vehicle hijacking; bail; release 1625 Parole; sexual offenders; notice to public school superintendent and sheriff; notice when moving to new county; misdemeanor 791 School Safety and Juvenile Justice Reform Act of 1994 1012 Sentencing judge authorized to designate county jail for felon in specified circumstances Vetoed HB 1784 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 State's appeal; defendant's cross appeal; procedure 311 Victim's compensation 1800 CRISP COUNTY Cordele Judicial Circuit; judges; salary supplement 4920 D DALLAS, CITY OF Corporate limits 3775 DALTON, CITY OF Administrator 5310 Homestead exemption; city taxes; referendum 4465 Homestead exemption; City of Dalton Independent School District taxes; referendum 4251 DANGEROUS DRUGS Dangerous drug defined 849 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Listing 169 DAWSON, CITY OF Mayor and councilmembers; residency 5245 DAWSON COUNTY Advisory referendum on form of governing authority 4526 Board of education; districts 3855 Tax commissioner; compensation 4409

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DAY-CARE CENTERS Smoking prohibited in child care facilities 650 DEBIT CARDS Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; warrants; trials; fraudulent printing, executing, negotiating 1787 DEBTOR AND CREDITOR Administrative procedure; writs to collect fines for violation of lawful order 1270 Construction; payment bonds or security deposits 870 Financing statements; central indexing system 1693 Home solicitation sales; written agreement for payment application 696 Liens on aircraft for labor, materials, or contracts of indemnity; filing; recording; fees 798 Notice from surety to creditor to collect from principal 746 Retail installment sales; written agreement for payment application 696 Tax executions; notice of taxes due on personalty not required 358 Tax liens; setoff against condemnation award in eminent domain for urban development 877 Unemployment tax amnesty program; collection fees; debt collection services 837 Water suppliers 1957 DECATUR, CITY OF Homestead exemption; city taxes; referendum 4411 DECATUR COUNTY Board of commissioners; membership; chairperson; term; referendum 4522 Board of commissioners; voting 4047 Board of education; members; nonpartisan elections 3724 State court; judge; compensation 3868 Terms of superior court 360 DECENTRALIZATION State government 1865 DECEPTIVE OR FRAUDULENT PRACTICES Fraudulent attempts to obtain refunds 850 Payment application in retail installment and home solicitation sales, written agreement for; construction 696

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Telemarketing; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 DEEDS See PROPERTY DEFENSE See MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS DEKALB COUNTY DeKalb County Community Relations Commission; membership; duties 4379 DeKalb County Pension Board; benefits 5155 DeKalb County Pension Board; benefits; membership; vesting 5180 Garbage disposal and sanitation districts; local constitutional amendment repealed 5189 Garbage; sanitation districts; local constitutional amendments repealed; referendum 3817 Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959 Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Recorder's court; fines 3936 DELINQUENCY See JUVENILE COURTS and MINORS DEPARTMENT OF ADMINISTRATIVE SERVICES Decentralization of state government; powers and duties relative to; rental real estate space 1865 See also STATE GOVERNMENT DEPARTMENT OF CHILDREN AND YOUTH SERVICES Contracts 304 Department of Children and Youth Services; liability insurance coverage for vehicles operated by nonprofit agencies 307 Employees' Retirement System of Georgia; county probation and intake services employees transferred to Department of Children and Youth Services 710

Page XCV

DEPARTMENT OF COMMUNITY AFFAIRS Contracts with regional development centers for planning for areas outside territory; filings 1636 Georgia Sports Hall of Fame; duties related thereto 1251 DEPARTMENT OF HUMAN RESOURCES Comprehensive family and individual support plan for persons with disabilities; development urged 1180 Mentally ill, mentally retarded, alcoholic, and drug dependent patients; appeals; release of clinical records 1072 See also DOMESTIC RELATIONS, GUARDIAN AND WARD, HANDICAPPED PERSONS, HEALTH, MENTAL HEALTH, and SOCIAL SERVICES DEPARTMENT OF INDUSTRY, TRADE, AND TOURISM Convention and trade center in Chatham County 166 DEPARTMENT OF NATURAL RESOURCES Department of Natural Resources; employment of part-time cleaning and custodial workers or cooks 308 Environmental Protection Division; request for public debt issuance to fund corrective action 1101 Environmental Protection Division; standards, rules, and regulations; criminal violation; order for cessation 1101 Environmental Protection Division; underground storage tanks 804 Implementation of state lead hazard reduction program 1617 Sublease of specified property; terms; approval by U.S. Army Corps of Engineers 173 Underground storage tanks; inspections; corrective actions; penalties; certification; emergency orders 804 See also CONSERVATION AND NATURAL RESOURCES, GAME AND FISH, and WATERS OF THE STATE, PORTS, AND WATERCRAFT DEPARTMENT OF PUBLIC SAFETY Employees; political activities 1921 Motor Vehicle Safety Responsibility Act; Department of Public Safety; accident reports, notices, or claims received six months after accident 859 National Voter Registration Act of 1993 1443 Powers, duties, and authority; revised in conformity with National Voter Registration Act of 1993 1443 Traffic accident reports 362 See also LAW ENFORCEMENT OFFICERS AND AGENCIES and MOTOR VEHICLES AND TRAFFIC

Page XCVI

DEPARTMENT OF REVENUE See REVENUE AND TAXATION DEPENDENTS Income taxes; dependent exemption increased 381 DEPOSITIONS Criminal prosecutions 1895 DESIGNATED FELONIES Motor vehicle hijacking 1625 DETECTIVE OR SECURITY BUSINESSES Requirements for licensure 291 DEVELOPMENT AUTHORITIES LAW Amended; acquiring land in adjoining county for exchange; consent of adjoining county required; exceptions 1940 DEVELOPMENTAL HIGHWAY SYSTEM Addition 701 DIETETICS PRACTICE ACT Enactment; dietitians; licensing; regulation 971 DISABLED PERSONS Aged and Disabled Transportation Task Force; creation 1983 Braille; proficiency and skill 1796 Comprehensive family and individual support plan for persons with disabilities; development urged 1180 Guide or service dog; accompanying trainer 1405 Handicapped Parking Law; unlawful practices directed at parking monitors 504 Hearing aid dealers and dispensers; continuing education 1715 Hunting and fishing licenses for totally disabled persons 496 Local government participation in federal programs 822 DISCOVERY Criminal prosecutions 1895

Page XCVII

DISPOSSESSORY PROCEEDINGS Writ of possession; immediate issuance; when effective; appeal; payment of rent into court 1150 DISTANCE LEARNING Universal Service Fund; use for distance learning and telemedicine purposes 2010 DISTRICT ATTORNEYS District Attorneys' Retirement System; benefits 335 Employees' Retirement System of Georgia; secretaries of superior court judges and district attorneys; creditable service 708 Law students and instructors as legal assistants; law schools outside state; 18 months 313 Superior courts; compensation 851 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Increased benefits for certain members 335 DOGS Guide or service dog; accompanying trainer 1405 Sale; sterilization 999 DOMESTIC RELATIONS Accident and sickness coverage for children 1728 Adoption; payments for programs for potential foster and adoptive parents 409 Assessment of risk prior to placement of youths in homes; plans of care 495 Child Abuse and Neglect Prevention Act amended 509 Child support; income deduction orders; hearings; certain exceptions removed 1270 Child support; issuance and renewal of professional, business, or occupational license to persons not complying with child support orders 1728 Child support; Joint Study Committee on Child Support; creation 1728 Code revision 97 County boards of family and children services; manner of appointment; vacancies 505 Drivers' licenses; change of name or address; replacement licenses 1876 Family violence; bail; hearings for petitions; permanent orders 1270 Harassment; standing order 1161 Health coverage; child support; regulation of insurers relative to health coverage for dependent children 1728

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Insurers; regulation relative to health coverage, Medicaid, and dependent children 1728 Minor child, removal; standing order 1161 Paternity; hospital assistance; default judgments; objections; determinations of other states 1270 Payments for programs for potential foster and adoptive parents 409 Professional counselors; licensing requirements 450 Property sale; standing order 1161 Standing order; removal of minor child; harassment; sale of property; review 1161 State Children's Trust Fund and Commission; eligibility criteria; disbursements; interest; repeal date changed; obsolete provisions repealed 509 Student records; access by both parents 531 DOOLY COUNTY Cordele Judicial Circuit; judges; salary supplement 4920 Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Herbert A. Saliba Bridge; designated 1191 DORAVILLE, CITY OF Mayor, mayor pro tem, and council; compensation 5343 DOUGLAS COUNTY Board of commissioners; meetings 4540 Board of education; elections; terms; compensation 3751 DOWNTOWN DEVELOPMENT AUTHORITIES Directors; terms 1006 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Membership; city governing authority 4265 DRIVERS' LICENSES See MOTOR VEHICLES AND TRAFFIC DRUG DEMAND REDUCTION PROGRAM Georgia National Guard 655 DRUGS Dangerous; listing 169 Dangerous drug defined; exemption 849

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Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 DUBLIN, CITY OF Board of education; school district; bonds; elections; terms 4163 E EARLY COUNTY Board of education; members; qualifications 3558 Terms of superior court 1052 EAST DUBLIN, CITY OF Council; districts 5026 EAST POINT, CITY OF City ad valorem taxes; collection by county tax commissioner 5251 City of East Point Pension Board of Trustees; powers; trust agreement; assets 5216 Director of finance and assistant director of finance 5257 East Point Building Authority; membership; appointments 4835 East Point Parking Authority; membership; appointments 4966 Homestead exemption; city taxes; local constitutional amendment repealed; referendum 5048 Mediation system for appeals by employees; arbitration 5053 Personnel Board of Appeals 5369 EAST POINT BUILDING AUTHORITY Membership; appointments 4835 EAST POINT PARKING AUTHORITY Membership; appointments 4966 EDUCATION Approved school; redefined 697 Braille; proficiency and skill 1796 Capital outlay funds 1325 Certain violent juvenile offenders tried as adults; School Safety and Juvenile Justice Reform Act of 1994 1012 Code revision 97 Criminal records check of teachers and other personnel 1936 Depositories for the funds of boards of education 412 Disciplinary problem children; identification and resolution Vetoed SB 395 Documents; multiracial classification on forms requesting racial identity for public schools 1360

Page C

Exemption from income for AFDC purposes of earnings of children who are attending school full-time 765 Immunity; persons providing services without compensation at school request; schools; exceptions 1055 Lobbyists; defined to include lobbying school superintendents and members of boards of education 277 Migrant student grants 1796 Moment of quiet reflection in schools 256 Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; commission representation 1282 Professional Standards Commission and Professional Practices Commission; jurisdiction 801 Programs started from lottery proceeds; conditions for continuation from general fund 470 Public records; certain organizations of school districts subject to open records law 618 Public school employees; health insurance premiums 426 Public School Employees Retirement System; temporarily disabled employees; creditable service 868 Public school personnel; local salary supplements 782 Refusal to alter grades not cause for termination 527 Regents Retirement Plan; board of trustees to establish rate of employee contributions 660 Registered professional nurses; loans 588 Report and disclosure to grand jury 607 Sales and use tax; exemption for school sale of concessions and tickets to school athletic events 552 School breakfast programs 295 School bus drivers; random drug testing 846 School psychology services; contracts; local fair shares 668 School Safety and Juvenile Justice Reform Act of 1994 1012 School superintendents; contracts 1315 Special education programs; criteria 1106 Student records; access by both parents 531 Summer school programs 1315 Teachers Retirement System of Georgia; creditable service; employee contributions; percentage of salaries 1663 Teachers Retirement System of Georgia; creditable service; pregnancy absences; payments 726 Teachers Retirement System of Georgia; temporarily disabled employees; creditable service 868 Textbook defined 1667 Uniform reporting system 1057 EDWARDS, WARD Ward Edwards Bridge; designated 903 EFFINGHAM COUNTY Board of commissioners; ordinances and regulations; penalties 3822

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State court; solicitor; compensation 3821 ELBERT COUNTY Board of commissioners; county administrator; powers 3781 County surveyor; appointment 3780 ELDERLY PERSONS Services, participation by local governments in federal programs providing 822 ELECTIONS Absentee ballots; mailing; cancellation 1406 Ballot labels; computer materials; preservation 1406 Board of elections; qualification for nomination or elective office by members 1406 Board of elections in certain counties; repealed 237 Board of elections in certain counties; repealed 211 Campaign contribution disclosure reports; additional filing fees for late reports 257 Campaign finance disclosure and regulation; personal financial disclosure; lobbyist reporting; names of political action committees; contributions 258 Code revision 96 Consolidated governments; nonpartisan election 131 Department of Public Safety; employees; political activity 1921 Electors; challenges 1406 Electors; computer-run lists and tapes of 1406 Government employees; political activities 258 Inactive electors; lists 1443 Lobbyists; defined to include lobbying elected county officials, school superintendents, members of boards of education, and municipal officers 277 Local government offices; nonpartisan election 131 Misdemeanors; intentional use of list of electors for commercial purposes 1443 Motor voter law 1443 Municipal elections; conduct by county board in certain cities; repealed 237 Municipal officers; terms; expiration for officers elected in 1988 for six-year terms 349 National Voter Registration Act of 1993; comprehensive revision in conformity 1443 Nonpartisan election for local government offices; consolidated governments; prior nonpartisan primary omitted 131 Notices of candidacy; affidavits 1406 Plurality vote in general elections; majority vote in primary and special elections; exceptions 279 Political party candidates; certification; affidavits 96 Poll officers, superintendents, and clerks 1406

Page CII

Polling places; access to 1406 Polling places; restrictions on activities near 1406 Posting qualified candidates' list 1406 Precincts 1406 Presidential preference primary; dates changed 1406 Registrars; meetings; deputies for schools, colleges, and universities; qualification for nomination or elective office 1406 Registration; notice of hearing regarding continued registration 1406 Registration; return for continuation; postage to be affixed in certain counties; repealed 237 Registration cards 1406 Registration lists; county sites of certain counties not to maintain; repealed 237 Runoff dates 1406 School superintendents; not eligible for nonpartisan election 131 Secretary of State; powers and duties; furnishing information on registration and voting; official lists of registered and inactive voters 1406 Straight party voting repealed except for presidential electors 279 Vacancies; filling; special elections and special primaries 1406 Voters' certificates 1406 Voting by certain citizens residing overseas 1406 ELECTRICITY High-voltage safety; administration, enforcement, and rule-making by Commissioner of Labor; repealed 1673 Sales and use tax exemption 928 See also PUBLIC UTILITIES AND PUBLIC TRANSPORTATION ELLAVILLE, CITY OF Ellaville-Schley County Charter Commission; time limits; referendum 4042 ELLAVILLE-SCHLEY COUNTY CHARTER COMMISSION Time limits; referendum 4042 ELLIJAY, CITY OF Ellijay-Gilmer County Water and Sewerage Authority; compensation 4025 ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY Compensation 4025 EMANUEL COUNTY Middle Judicial Circuit; judges; expenses 4888

Page CIII

Vendie Hudson Hooks, Sr., Memorial Highway; designated 1190 EMERGENCIES Emergency medical services; provisions inapplicable to an invalid car 800 Emergency medical technician; obstruction or hindrance of such person 331 Georgia National Guard; active duty without emergency declaration; declaration required for deployment to quell riots 654 Local government participation in federal programs providing emergency food 822 See also MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS EMINENT DOMAIN Oil and gas pipelines; petroleum pipeline study commission; temporary suspension; exceptions; waivers 229 Tax liens; setoff against condemnation award in eminent domain for urban development 877 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Agricultural commodities commission employees; creditable service 339 Code revision 92 County departments of family and children services; employees; membership 738 County hospital authority employees transferred to state service; creditable service 337 County probation and intake services employees transferred to Department of Children and Youth Services; membership 710 Creditable service; military service 1872 Eligibility for certain persons 297 Forfeited annual and sick leave; creditable service 638 Georgia Agrirama Development Authority; creditable service 332 Georgia Indigent Defense Council; employees; retirement; membership 718 Georgia Music Hall of Fame; employees; membership; service credit 715 Lake Lanier Islands Development Authority; officers and employees members of system 396 Retirement allowances; death of retired members 1874 Superior court judges and district attorneys; secretaries; creditable service 708 Temporarily disabled employees; creditable service 868 EMPLOYERS Employment Security Law; community service boards; employees 1717 Employment Security Law; rates; charging employer's account; maximum benefit; overpayment; penalty and interest; waiver 640 Income tax credits for investment, employee retraining, child care, and jobs 928

Page CIV

Labor pools; work-site employers; pay stubs; payment of employees; enforcement; fines; appeals; misdemeanor offenses 1152 Multiracial classification on forms requesting identity for state agencies, public schools, and entities conducting business with state 1360 Unemployment benefits; overpayment; recovery when employee subsequently receives back wages 779 Unemployment tax amnesty program 837 Work-site employers; defined; regulated as labor pools 1152 See also LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY LAW Code revision 97 Community service boards; employees 1717 Overpayment; recovery when employee subsequently receives back wages 779 Rates; charging employer's account; maximum benefit; overpayment; interest and penalty; waiver 640 Unemployment tax amnesty program 837 ENGLISH LANGUAGE INSTRUCTION Local government participation in federal programs providing 822 ENTERTAINMENT Ticket scalping 1368 ENTICING CHILD FOR INDECENT PURPOSES Condition of parole when victim under 14; notice to public school superintendent and sheriff 791 ENVIRONMENTAL PROTECTION DIVISION OF DEPARTMENT OF NATURAL RESOURCES Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources 1108 Erosion and Sedimentation Act of 1975 amended; minimum requirements; permits; bonds; enforcement; penalties; exemptions 1650 Federal grants transferred to Georgia Environmental Facilities Authority 555 Public debt to fund corrective action, request for issuance of 1101 Solid waste handling and disposal facilities; modification of permits to allow expansion 1922 Standards, rules, and regulations; criminal violations; order for immediate cessation 1101 Underground storage tanks; inspections; corrective actions; penalties; certification; emergency orders 804 Water; federal grants transferred to Georgia Environmental Facilities Authority 555

Page CV

Water conservation plans 863 EROSION AND SEDIMENTATION ACT OF 1975 Amended; minimum requirements; permits; bonds; issuing authorities; local program review; enforcement; penalties; exemptions 1650 ESCAPE Penalties 852 ETHICS IN GOVERNMENT ACT Campaign finance disclosure and regulation; lobbyist reporting; names of political action committees; candidate contributions; fees 258 Lobbyists; lobbying elected county officials, school superintendents, members of boards of education, and municipal officers 277 EVICTION Writ of possession; immediate issuance; when effective; appeal; payment of rent into court 1150 EVIDENCE Criminal cases; comprehensive regulation of discovery and inspection; depositions; evidence disclosure; criminal history records 1895 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 EXCISE TAXES Coin operated amusement machines; license fees 834 Hotel-motel tax; museum of aviation; aviation hall of fame; walkways; trails 793 Motor fuel excise taxes; exemption; distributors; exemption certificates for nonhighway users; false claims of exemption; tax liability 569 Occupation taxes; local governments; exemption clarified 366 EYES Optometrists; qualifications for registration; pharmacological treatment 853 F FAIR BUSINESS PRACTICES ACT OF 1975 Payment application in retail installment and home solicitation sales, written agreement for; construction consistent with 696

Page CVI

FALSE SWEARING Motor vehicles; knowing false statement regarding registration is false swearing; penalty 790 FAMILY VIOLENCE Bail; hearings for petitions; permanent orders 1270 Harassment; standing order 1161 FAULK, HARDY DURHAM, SR Hardy Durham Faulk, Sr., Memorial Bridge; designated 376 Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 FAYETTE COUNTY Board of elections; re-creation 3712 State court; creation 4980 FEDERAL PROGRAMS Participation by local governments for specified purposes; contracts 822 FIDUCIARIES Administrator's oath; fiduciary's bond; property sale by temporary administrator 1173 Bond; judgment and execution against principal and surety 1173 Guardians; oath 1173 FINANCIAL INSTITUTIONS See BANKING AND FINANCE FINANCING STATEMENTS Central indexing system 1693 FIRE PROTECTION AND SAFETY Blasters; regulation 728 Firefighters; line of duty defined for indemnification purposes 1149 Fireworks; displays 317 Georgia Firemen's Pension Fund; definitions; purpose; vesting; fire insurance premiums tax 703 Local fire departments; exemptions 1758 Motor vehicle license plates; firefighters; fees 1853

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Smoke detectors; installation in all buildings 1235 FIREARMS Aggravated assault; redefined 1920 Carrying and possession; exemptions for certain persons 547 Forfeiture 963 License to carry a pistol or revolver; felony offenders 351 Possession by juvenile 1012 Weapons; redefined 543 FIREWORKS Displays 317 FISH Bait shrimping 1834 Domestic species; liberation of domestic fish; license for fishing in private ponds; bills of lading; registration for sellers of domestic fish 600 Fishing licenses for totally disabled persons 496 Red drum salt-water finfish over 27 inches long; taking prohibited 605 See also GAME AND FISH FLEA MARKETS Records of property acquired for retail sale at 1915 FLOYD COUNTY Board of commissioners; meetings 5163 Board of commissioners; qualifications; residency 4074 Hospital Authority of Floyd County; vacancies 4407 FOOD, DRUGS, AND COSMETICS Controlled substances; listing 169 Dangerous drug; defined; exemption 849 Dietetics Practice Act; enactment; dietitians; licensing; regulation 971 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Optometrists; nondiagnostic lasers; pharmaceutical agents 996 FOOD STAMP PROGRAM Monthly reporting and retrospective budgeting; eliminated 765

Page CVIII

FOREIGN LIMITED LIABILITY PARTNERSHIPS Formation; certificates of authority 1674 FORFEITURE Bad check prosecutions; no contest cash bonds 865 Weapons illegally possessed or carried; disposition; proceeds of sale if crime within city 963 FORSYTH COUNTY Board of commissioners; vacancies 4283 Homestead exemption; county taxes; referendum 4277 FORT VALLEY, CITY OF Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885 FOSTER CARE Adoption; payments for programs for potential foster and adoptive parents 409 Assessment of risks 495 Records of children being considered for foster care placement; access for foster parents, child-caring agencies, and child-placing agencies 967 FRIVOLOUS ACTIONS Motion for attorney's fees and costs of litigation; time 856 FULTON COUNTY Fulton County Merit System of Personnel Administration; complaints 4838 Fulton County Planning Commission; local constitutional amendment repealed 4261 Fulton County School Employees Pension Fund; benefits; retirement age 4509 Fulton County School Employees Pension Fund; restatement 4706 Metropolitan Atlanta Rapid Transit Authority; board of directors; terms; quorum; security force; torts 4959 Metropolitan Atlanta Rapid Transit Authority; operating costs; interest 4952 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 State court; additional judge 3944

Page CIX

FUNDRAISING Deceptive or fraudulent telemarketing 536 Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 G GA 96 AG STEERING COMMITTEE Creation 1219 GAINESVILLE, CITY OF Council; compensation 5248 Council; wards 5290 Municipal utility fees and charges for customers outside city 4154 Public schools 5347 Retirement system; benefits; service 5286 Supplemental appropriations 5383 GAMBLING Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 Recreational bingo; redefined 490 Recreational bingo; redefined 1002 GAME AND FISH Bait shrimping 1834 Code revision 97 Crossbow hunting 496 Domestic species; liberation of domestic fish; license for fishing in private ponds; bills of lading; registration for sellers of domestic fish 600 Fishing license for persons totally disabled by mental impairment 496 Hunting and fishing license for totally disabled persons; lifetime license 496 Licenses; commercial fishing; bait dealer; trawler 1834 Licenses; totally disabled persons 496 Licenses for fishing in private ponds 600 Red drum salt-water finfish over 27 inches long; taking prohibited 605 Wild animals; licenses, insurance, progeny, fee-exempt permits; release 1742 GARBAGE Handling and disposal facilities; modification of permits to allow expansion 1922 Solid waste facilities; special county sales and use tax for 1668 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639

Page CX

GARDEN CITY, CITY OF Community improvement districts 4931 GARLAND T. BYRD BRIDGE Designated 916 GAS UTILITIES Gas supply plans; adjustment factors and rates; hearings; burden of proof; judicial review; fraud and willful or imprudent conduct; cost recovery 630 Installation, repair, or service of propane systems 662 Pipelines; eminent domain; temporary suspension 229 GENERAL ASSEMBLY Carlton H. Colwell Probation Detention Center; designated 1216 Code revision 97 Composition of state House and Senate districts 174 Composition of state House districts 133 Fiscal notes; preparation 1633 Georgia State Museum and State Library Study Commission; creation 1224 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Joint Historic Dramas Study Committee; creation 1980 Joint Regional Hospital Study Committee; creation 1978 Joint Rhodes Memorial Hall Study Committee; creation 911 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; creation 1980 Joint Study Commission on Revenue Structure 1975 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 Prefiling of bills and resolutions 1146 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Projects; gifts; conveyance of realty to local governments 421 GEORGE W. LEE, JR. Private George W. Lee, Jr., Memorial Bridge; designated 1218

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GEORGIA 8 CELLULAR LIMITED PARTNERSHIP Lease of state property in Bryan County 1208 GEORGIA ADMINISTRATIVE PROCEDURE ACT Code revision 97 Hearing officers; powers and authority 1270 Office of State Administrative Hearings; creation 1856 Proposed rules; notice to committee chairperson and by request to committee members 503 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY Venue of actions 590 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Officers and employees; creditable service 332 GEORGIA BOAT SAFETY ACT Flotation devices; children operating personal watercraft; water skiing; reckless operation 680 Jurisdiction; probate courts; waiver of jury trial 1163 GEORGIA BOUNDARY With South Carolina 824 GEORGIA BUILDING AUTHORITY (HOSPITAL) Conveyance of state property or interests at Central State Hospital 923 GEORGIA BUREAU OF INVESTIGATION Laboratories; submission and testing of substances; certificates; evidence; criminal procedure; controlled substances; dangerous drugs 875 See also LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA BUSINESS EXPANSION SUPPORT ACT OF 1994 Job tax credits in less developed areas; manufacturer's investment tax credits; income tax credits for employee retraining and child care 928 Sales and use tax exemptions for electricity, primary material handling equipment, and manufacturing machinery 928

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GEORGIA CHARITABLE SOLICITATIONS ACT OF 1988 Telemarketing; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 GEORGIA CODE OF PUBLIC TRANSPORTATION See HIGHWAYS, BRIDGES, AND FERRIES GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT Violations 1101 GEORGIA CRIME VICTIMS COMPENSATION BOARD Abolished; replaced by Criminal Justice Coordinating Council 1800 GEORGIA DEATH INVESTIGATION ACT Medical examiner; notification of death 391 GEORGIA DISTANCE LEARNING AND TELEMEDICINE ACT OF 1992 Universal Service Fund 2010 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources; employee transfer 1108 Drinking water revolving fund 555 Federal grants 555 GEORGIA FAMILY CAREGIVER SUPPORT ACT Enacted 455 GEORGIA FIREMEN'S PENSION FUND Definitions; purpose; vesting; fire insurance premiums tax 703 Public Retirement Systems Standards Law; repeal of provisions referencing the Georgia Firemen's Pension Fund 315 GEORGIA GOLF HALL OF FAME Board; membership; terms; appointing authority 309

Page CXIII

GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Violations 1101 GEORGIA INDIGENT DEFENSE COUNCIL Employees' Retirement System of Georgia; Georgia Indigent Defense Council; employees; membership 718 State funded local programs; in what cases legal representation provided 355 GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY Convention and trade center in Chatham County; acquisition, construction, operation; contracts; leases 166 Creation 4329 GEORGIA MUSIC HALL OF FAME AUTHORITY Employees' Retirement System of Georgia; Georgia Music Hall of Fame; employees; membership; service credit 715 Nonprofit corporations as subsidiaries; assets of dissolved subsidiary; liability for debts, obligations, bonds, actions, and omissions 493 GEORGIA NATIONAL GUARD Active duty, reporting for without emergency declaration; emergency declaration required for deployment to quell riots 654 Drug demand reduction program 655 Drug law enforcement assistance 655 Emergency declaration; required for deployment to quell riots; active duty without emergency declaration 654 Medical care delivery in underserved areas 655 Motor vehicle license plates; retired members of the Georgia National Guard 1848 Use within and outside state; use of national guard from other states 655 Youth opportunities training program 655 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Basic training course; time limit for candidates; communications officers 1355 GEORGIA PODIATRY PRACTICE ACT Podiatrists; regulation; licensing 1375 GEORGIA POLYGRAPH EXAMINERS ACT Repealed 744

Page CXIV

GEORGIA PORTS AUTHORITY Arrest and law enforcement on property by certified peace officers; illegally parked vehicles 879 Columbus, Georgia; sale of Georgia Ports Authority property to Columbus 370 GEORGIA POWER COMPANY Easements 751 Sale or exchange of state property at Tallulah Gorge 917 GEORGIA PROMPT PAYMENT ACT Timely payments to contractors, subcontractors, and suppliers 1398 GEORGIA PROPERTY OWNERS' ASSOCIATION ACT Enacted; governance of property owners' associations and developments 1879 GEORGIA SECURITIES ACT OF 1973 Limited liability companies; Secretary of State's cooperation with other regulatory entities; central registration and records depository 860 Telemarketing; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 GEORGIA SPORTS HALL OF FAME Board; statutes relating to nonprofit corporations applicable 587 Created 1251 GEORGIA STATE COTTON MUSEUM AND DOOLY COUNTY WELCOME CENTER Recognition as the state's official Cotton Museum 904 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION Georgia Sports Hall of Fame; review and approval of bonds 1251 GEORGIA STATE MUSEUM AND STATE LIBRARY STUDY COMMISSION Creation 1224 GEORGIA STATE PATROL Department of Public Safety; employees; political activity 1921

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See also LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY Membership; prior acts 665 GEORGIA UNDERGROUND STORAGE TANK ACT Inspections; trust fund; third-party liabilities; environmental assurance fees; corrective actions; costs; liens; annual tank notification; violations; penalties; emergency orders 804 GEORGIA WATER QUALITY CONTROL ACT Federal grants transferred to Georgia Environmental Facilities Authority; drinking water revolving fund 555 GIFTS Anatomical gifts; reduction in fees for drivers' licenses 1390 GILMER COUNTY Ellijay-Gilmer County Water and Sewerage Authority; compensation 4025 GLYNN COUNTY Board of commissioners; districts 4017 Board of elections and registration; re-creation 3977 Homestead exemptions; county taxes; referendum 3920 Magistrate court; chief magistrate; elections; terms; deputy magistrates; compensation 4026 State court; judge; compensation 3967 GOLF HALL OF FAME Board; membership; terms; appointing authority 309 GORDON COUNTY Cherokee Judicial Circuit; judges; district attorney; salary supplements 4779 GOVERNOR Decentralization of state government; powers and duties relative to 1865 Emergency declaration required to deploy National Guard to quell riots 654 Georgia National Guard; request of members to report for active duty without emergency declaration 654

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GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES Comprehensive family and individual support plan for persons with disabilities; development urged 1180 GOVERNOR'S OFFICE OF CONSUMER AFFAIRS Beauty pageants, regulation of 1165 Fair Business Practices Act of 1975; retail installment and home solicitation sales 696 GRADY COUNTY Board of commissioners; districts 3567 Board of education; districts 3560 Conveyance of state property to county 1972 GRAND JURY Alternate jurors, number of; duties; disclosures to grand jury 607 Foreperson; oath 874 Inspections of offices and records of clerk of superior court, jails, county buildings, county officials, and board of education 607 GRIFFIN, CITY OF Board of commissioners; districts 5223 Cemetery trust fund; water, light, and sewerage department emergency reserve fund 5233 Griffin-Spalding County School District; homestead exemption; school district taxes; referendum 4205 Griffin-Spalding County School System; board of education; terms 3556 Tax collector abolished; transfer of duties 5242 GTE TELEPHONE SYSTEMS, SOUTH AREA Easements 751 GUARDIAN AND WARD Guardians; oaths 1173 GUM BRANCH, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826

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GUNS Aggravated assault 1920 Carrying and possession; exemptions 547 Forfeiture of weapons illegally possessed or carried; disposition; proceeds 963 License to carry a pistol or revolver; felony offenders 351 Possession by juvenile 1012 Redefined 543 GWINNETT COUNTY Board of commissioners; districts; terms 4497 Board of education; districts 4490 Homestead exemption; county taxes; referendum 3924 Recorder's court; jurisdiction; jury trials; judge; qualifications; penalties; limitations on prosecution 4291 State court; demand for trial 4377 State court; judges; compensation 4160 Vines Botanical Gardens Enhancement and Development Authority of Gwinnett County; creation 5091 GWINNETT/ROCKDALE/NEWTON CREATIVE ENTERPRISES, INC. Lease of state property 1229 H HALL COUNTY Board of commissioners; meetings 5194 Homestead exemption; school district taxes; referendum 4696 Jerry D. Jackson Bridge; designated 1207 HANDICAPPED PERSONS Aged and Disabled Transportation Task Force; creation 1983 Braille; proficiency and skill 1796 Comprehensive family and individual support plan for persons with disabilities; development urged 1180 Guide or service dog; accompanying trainer 1405 Handicapped Parking Law; unlawful practices directed at parking monitors 504 Hearing aid dealers and dispensers; continuing education 1715 Hunting and fishing licenses for totally disabled persons 496 Local government participation in federal programs 822 HARALSON COUNTY Ray McKibben Medal of Honor Highway; designated 1186

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HARDY DURHAM FAULK, SR. Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 Hardy Durham Faulk, Sr., Memorial Bridge; designated 376 HARRIS COUNTY Board of commissioners; districts 3682 Homestead exemption; county taxes; referendum 4551 HART COUNTY Hart County Industrial Development Authority; creation 4088 HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Creation 4088 HAZARDOUS MATERIALS LIABILITY RESERVE FUND Transfer of funds into State Torts Claims Trust Fund 1717 HAZARDOUS WASTE Burning in cement kilns; variances; small quantity generators; fees; delinquent payment; penalties; costs; exemptions 483 HEALTH Anatomical gifts; reduction in fees for drivers' licenses 1390 Assistance in commission of suicide prohibited 1370 Child care facilities; smoking prohibited 650 Code revision 97 Comprehensive family and individual support plan for persons with disabilities; development urged 1180 County boards of health; contracts with community service boards; regional boards; membership 437 County boards of health; tattoos; minimum age; regulation 446 Department of Natural Resources; implementation of state lead hazard reduction program 1617 Dietetics Practice Act; enactment; dietitians; licensing; regulation 971 Emergency medical services provisions; applicability to an invalid car 800 Employees' Retirement System of Georgia; county hospital authority employees transferred to state service; creditable service 337 Exclusion of coverage for temporomandibular joint dysfunction surgery 474 Georgia Family Caregiver Support Act; enacted 455 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022

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Health Planning Agency; functions and duties revised 684 Hearing aid dealers and dispensers; continuing education 1715 Hospital authorities; ad valorem taxes; primarily leased realty owned by authorities operating hospital of more than 100 beds in county of 50,000 or more 781 Joint Regional Hospital Study Committee; creation 1978 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; creation 1980 Obstruction or hindrance of an emergency medical technician 331 Office of State Administrative Hearings; creation 1856 Operation of unlicensed personal care home; penalties 461 Optometrists; nondiagnostic lasers; pharmaceutical agents 996 Optometrists; qualifications for registration; pharmacological treatment 853 Orders not to resuscitate; procedures for such orders 672 Organ donors; driver's license fees 1390 Patient Self-referral Act of 1993; designated health services defined 530 Personal care home residents; remedies 461 Personal care homes; employee record checks; definitions 1359 Personal care homes; licensing 1358 Podiatrists; regulation; licensing 1375 Private home care providers; licensing 959 Professional counselors, social workers, and marriage and family therapists; addiction counselors; license exemption 953 Public school employees; health insurance premiums 426 School psychology services; contracts; local fair shares 668 Sewage management systems; regulations 1777 Smoking prohibited in child care facilities 650 State Board of Examiners in Optometry; name changed to State Board of Optometry 853 Suicide; assisting 1370 Tattoos; minimum age for obtaining; regulation of industry 446 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 HEALTH EDUCATION Local government participation in federal programs 822 HEALTH PLANNING AGENCY Functions and duties revised 684 HEARD COUNTY Heard County Water Authority; members; qualifications 3702 Probate court; judge; compensation 3931

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Probate court; judge; nonpartisan nomination and election 4666 Sheriff; compensation 3987 Superior court; clerk; compensation 3928 Tax commissioner; compensation 3933 HEARD COUNTY WATER AUTHORITY Members; qualifications 3702 HEARING AID DEALERS AND DISPENSERS Continuing education 1715 HEARING OFFICERS Office of State Administrative Hearings; creation 1856 Powers and authority; Administrative Procedure Act amended 1270 HELTON, MR. JIMMY Compensation 1183 HENRY COUNTY Henry County Water and Sewerage Authority; members; compensation; expenses 3865 HENRY COUNTY WATER AND SEWERAGE AUTHORITY Members; compensation; expenses 3865 HERBERT A. SALIBA BRIDGE Designated 1191 HIGH-VOLTAGE SAFETY ACT Amended; administration, enforcement, and promulgation of rules by Commissioner of Labor repealed 1673 HIGHWAYS, BRIDGES, AND FERRIES Abandonment by county; notice; hearing 294 Aged and Disabled Transportation Task Force; creation 1983 Chief engineer; new name for state highway engineer 591 Developmental highway system; addition 701 Garland T. Byrd Bridge; designated 916 Hardy Durham Faulk, Sr., Memorial Bridge; designated 376 Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 Herbert A. Saliba Bridge; designated 1191 Howard Bo Warren Parkway; designated 375

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James E. Billy McKinney Bridge; designated 1218 Jerry D. Jackson Bridge; designated 1207 Martin Luther King, Jr., Boulevard; designated 764 Private George W. Lee, Jr., Memorial Bridge; designated 1218 Ralph Country Brown Highway; designated 1223 Ray McKibben Medal of Honor Highway; designated 1186 Reginald Trice Parkway; designated 1234 State highway engineer redesignated as chief engineer 591 T. P. Ramsey Bridge; designated 905 Vendie Hudson Hooks, Sr., Memorial Highway; designated 1190 Walter Kelly, Jr., Bridge; designated 921 Ward Edwards Bridge; designated 903 HIJACKING Motor vehicle; offense defined; penalties; forfeiture; designated felony for juveniles; racketeering; where bailable 1625 HISTORIC DRAMAS Joint Historic Dramas Study Committee; creation 1980 HOLIDAYS AND OBSERVANCES Clean Water Week designated 1403 HOME INSPECTORS Required written document; contents; penalty 471 HOMESTEAD EXEMPTIONS Date for filing application 507 Senior citizens; income not exceeding $30,000.00; referendum 400 See names of individual counties or municipalities for local exemptions HOOKS, VENDIE HUDSON, SR. Vendie Hudson Hooks, Sr., Memorial Highway; designated 1190 HORN, LOUIS III Compensation 1189 HOSPITAL AUTHORITIES Ad valorem taxes; realty owned by authority operating hospital of more than 100 beds in county of 50,000 or more leased primarily to private business 781

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Employees' Retirement System of Georgia; county hospital authority employees transferred to state service; creditable service 337 HOSPITAL AUTHORITY OF FLOYD COUNTY Vacancies 4407 HOSPITALS Assistance in commission of suicide prohibited 1370 Assistance in determining paternity 1270 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Health Planning Agency; functions and duties 684 Joint Regional Hospital Study Committee; creation 1978 Orders not to resuscitate; procedures 672 HOTEL-MOTEL TAX Use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trials and walkways 793 HOTELS Alcoholic beverages; in-room service 553 Innkeepers; Olympic Games; excessive rates; penalties 1364 Innkeepers; posting of written statements regarding occupancy period 498 HOUSE OF REPRESENTATIVES Composition of state House districts 174 Composition of state House districts 133 Fiscal notes; preparation 1633 Prefiling of bills and resolutions 1146 HOUSTON COUNTY Board of education; membership; districts; elections; terms; officers; compensation; vacancies 4435 Board of elections; creation 3870 Georgia Agricultural Exposition Authority; venue for actions 590 Houston County School District Building Authority; creation 3906 Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885

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HOUSTON COUNTY SCHOOL DISTRICT BUILDING AUTHORITY Creation 3906 HOWARD BO WARREN PARKWAY Designated 375 I I-59 NORTH East-west highway to I-85 North; added to developmental highway system 701 I-85 NORTH West-east highway to I-59 North added to development highway system 701 IMMUNITY Georgia National Guard 655 Limited immunity for departments, agencies, authorities, and commissions relative to payroll deductions for not-for-profit organizations 699 Schools; persons providing services without compensation at school's request 1055 INCAPACITATED ADULTS Probate courts; service of minor or incapacitated adult 725 See also GUARDIAN AND WARD, HANDICAPPED PERSONS, AND HEALTH INCEST Condition of parole when victim under 18; notice to public school superintendent and sheriff 791 INCOME DEDUCTION ORDERS Hearings; certain exceptions removed 1270 INCOME TAXES Credits for investment; conversion from defense to domestic production 928 Credits for investment; recycling machinery or facility; pollution control or prevention machinery or facility 928 Dependent exemption increased 381

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Earned income tax credit; Initiative to Promote Work, Education, and Family Stability 765 Job tax credits in less developed areas; manufacturer's investment tax credits; income tax credits for employee retraining or child care 928 Lottery prizes; withholding; state revenue commissioner to promulgate regulations 361 Lottery prizes to nonresidents taxable by Georgia 597 Periodic payments; withholding; election not to withhold 595 Retirement income exclusion increased 381 Withholding; exemption allowances changed 381 Withholding; lottery prizes; state revenue commissioner to promulgate regulations 361 Withholding for periodic payments; election not to withhold; rules and regulations 595 INDIGENT DEFENSE Georgia Indigent Defense Council; employees; retirement; membership in Employees' Retirement System of Georgia 718 State funded local programs; in what cases legal representation provided 355 INMATES Jails; award of good-time allowances to inmates for probation violations of felony offenses 1955 See also PENAL INSTITUTIONS INNKEEPERS Alcoholic beverages; in-room service 553 Excessive rates during Olympic Games; penalties 1364 Hotel-motel tax; use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trails and walkways 793 Posting of written statements regarding occupancy period 498 INSPECTORS Home inspectors; written document required; contents; penalty 471 INSURANCE Code revision 97 Commissioner; rate filings 647 Community service boards; coverage for employees, automobiles, and property 1717 Confirmation of date and time of cancellation of policy 344 Conversion of mutual insurer to a stock insurer; procedures 300 County and city taxes on life insurers; population determination 528

Page CXXV

Coverage required for structural pest control licenses 1245 Department of Children and Youth Services; liability insurance coverage for vehicles operated by nonprofit agencies 307 Exclusion of coverage for temporomandibular joint dysfunction surgery 474 Financial requirements; mutual insurers and self-insurers for motor vehicles 1931 Fire insurance premiums tax; Georgia Firemen's Pension Fund 703 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Health coverage; regulation relative to Medicaid and dependent children 1728 Insurance, banking, or trust companies; stock issuance 694 Insurers; regulation relative to health coverage, Medicaid, and dependent children 1728 Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care; creation 1980 Liens on aircraft for labor, materials, or contracts of indemnity; filing; recording; fees 798 Motor Vehicle Safety Responsibility Act; Department of Public Safety; accident reports, notices, or claims received six months after accident 859 No filing fees required for refiling of certain documents; limited benefit insurance; defined 858 Public school employees; health insurance premiums 426 Two carrier coverage; settlement of claims and release from liability 1156 Wild animals 1742 INTANGIBLE RECORDING TAX Collection by clerk of superior court in certain counties 1767 INTERIOR DESIGNERS Waiver of exam and education requirement in specified circumstances 1759 INTERNAL REVENUE CODE Effective for Georgia taxation on same date as effective for federal purposes if enacted by January 1, 1994, but not yet effective 797 Redefined 797 INTERNAL REVENUE CODE OF 1986 Redefined 797 J JACKSON, JERRY D. Jerry D. Jackson Bridge; designated 1207

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JACKSON COUNTY Homestead exemption; county taxes; referendum 4381 Homestead exemption; school district taxes; referendum 3758 Upper Oconee Basin Water Authority; creation 5123 JACKSON ELECTRIC MEMBERSHIP CORPORATION Easements 751 JAILS Good-time allowances for inmates for probation violations of felony offenses 1955 See also PENAL INSTITUTIONS JAMES C. COOK Compensation 369 JAMES E. BILLY MCKINNEY BRIDGE Designated 1218 JASPER, CITY OF Corporate limits 4819 JASPER COUNTY Board of education; districts 4876 JEFFERSON COUNTY Board of commissioners; districts; elections; chairperson; qualifications 4995 Board of education; districts 5003 Middle Judicial Circuit; judges; expenses 4888 JERRY D. JACKSON BRIDGE Designated 1207 JIMMY HELTON Compensation 1183

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JOHNSON COUNTY Board of education; chairman; compensation 3722 JOINT COUNTY AND MUNICIPAL SALES AND USE TAX Distribution of proceeds; renegotiation; conflict resolution; termination 1816 JOINT HISTORIC DRAMAS STUDY COMMITTEE Creation 1980 JOINT LIBERTY COUNTY, CITY OF GUM BRANCH, CITY OF MIDWAY, CITY OF RICEBORO, AND CITY OF WALTHOURVILLE FIRE PROTECTION FACILITIES AND EQUIPMENT AUTHORITY Creation 4826 JOINT REGIONAL HOSPITAL STUDY COMMITTEE Creation 1978 JOINT RHODES MEMORIAL HALL STUDY COMMITTEE Created 911 JOINT STEERING COMMITTEE FOR THE GEORGIA GENERAL ASSEMBLY'S CONFERENCE ON HEALTH CARE REFORM/MANAGED HEALTH CARE Creation 1980 JOINT STUDY COMMISSION ON REVENUE STRUCTURE Re-creation 1975 JOINT STUDY COMMITTEE ON CHILD SUPPORT Created 1728 JUDGES Appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Council of Municipal Court Judges of Georgia created 1923 Court of Appeals; compensation 1065 Firearms; carrying and possession; exemptions for certain persons 547 Juvenile courts; associate judges; qualifications in certain counties 562

Page CXXVIII

Probate courts; judges' qualifications in certain counties 1665 Sentencing judge authorized to designate confinement in county jail for felon in specified circumstances Vetoed HB 1784 Superior courts; compensation 851 Superior courts; compensation 1065 Trial Judges and Solicitors Retirement Fund; spouses' benefits; contributions 341 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Joining or rejoining the fund; service credit 342 JURIES See GRAND JURIES and JURORS JURISDICTION Georgia Boat Safety Act; probate courts 1163 Probate courts; Georgia Boat Safety Act 1163 JURORS U.S. citizenship required 408 JUVENILE COURTS Appeals; state's appeal in delinquency cases 856 Assessment of risk prior to placement of youths in homes; plans of care 495 Associate judges; qualifications in certain counties 562 Certain violent juvenile offenders tried as adults; School Safety and Juvenile Justice Reform Act of 1994 1012 Chatham County; judge; compensation 3749 Cobb County; judges; compensation 4506 Community based risk reduction programs; confidential information 417 Contributing to delinquency of a minor 1158 Designated felonies; hijacking a motor vehicle 1625 Drivers' licenses; suspension; convictions in other jurisdictions; drug related offenses; juvenile adjudications 730 Driving under the influence; additional penalty 1800 Indigent defense; state funded local programs; in what cases legal representation provided 355 Nonuniform pilot projects; proposed amendment to the Constitution 2020 K KELLY, WALTER, JR. Walter Kelly, Jr., Bridge; designated 921

Page CXXIX

KENNESAW, CITY OF Corporate limits; city manager or administrator 5036 Lease of state property to city 1198 KILNS Burning hazardous waste in cement kilns 483 KING, MARTIN LUTHER, JR. Martin Luther King, Jr., Boulevard; designated 764 L LABOR AND INDUSTRIAL RELATIONS Code revision 97 Employment Security Law; community service boards; employees 1717 Employment Security Law; employment redefined; rates; charging benefits to employer's account 640 Employment Security Law; overpayment; recovery when employee subsequently receives back wages 779 Employment Security Law; tax amnesty program 837 Income tax credits for investment, employee retraining, child care, jobs 928 Labor pools; work-site employers; pay stubs; payment of employees; enforcement; fines; appeals; misdemeanor offenses 1152 Multiracial classification on forms requesting identity for state agencies, public schools, and entities conducting business with state 1360 School personnel; refusal to alter grades not cause for termination 527 Unemployment benefits; maximum weekly amount; overpayment; penalty and interest; waiver 640 Workers' compensation; benefits; reinstatement and suspension; increase in compensation 887 Workers' compensation; change in physician 887 Workers' compensation; managed health care providers; quality assurance; utilization review; peer review 887 Workers' compensation; presumptions; penalties; qualifications for members of state board; hearings; review; employer's experience factor 887 LABOR POOLS Pay stubs; payment; enforcement; fines; appeals; misdemeanor offenses 1152 LAGRANGE, CITY OF Franchises 4617 Mayor; council; membership; terms; districts; elections; qualifications; vacancies 3650

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LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Officers and employees; members of Employees' Retirement System of Georgia 396 LAMAR COUNTY Sheriff; vacancies; incapacity 4084 LANDFILLS Solid waste handling and disposal facilities; permits to allow expansion 1922 LANDLORD AND TENANT Dispossessory proceedings; immediate issuance of writ of possession; when effective; appeal; payment of rent into court 1150 LASERS Optometrists; nondiagnostic lasers; pharmaceutical agents 996 LAW ENFORCEMENT INTEGRITY ACT OF 1994 Misleading the public in connection with charitable solicitations, fundraising, or telemarketing; law enforcement organizations 1392 LAW ENFORCEMENT OFFICERS AND AGENCIES Criminal history records; disclosure in criminal prosecutions 1895 Criminal records check of teachers and other personnel 1936 Department of Public Safety; employees; political activity 1921 Escape; penalties 852 Fleeing or attempting to elude a police officer; visual or audible signals 831 Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875 Georgia Peace Officer Standards and Training Act; basic training course; candidates; time limits; communications officers 1355 Georgia Ports Authority; arrest and law enforcement by certified peace officers on property; illegally parked vehicles 879 Handicapped Parking Law; unlawful practices directed at parking monitors 504 Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 Line of duty defined for indemnification purposes 1149 Peace Officers' Annuity and Benefit Fund; definitions; membership; age limits; vesting 320 Peace Officers' Annuity and Benefit Fund; membership; correction officers; dues; creditable service 776

Page CXXXI

Private detective or private security businesses; requirements for licensure 291 Property damage required on motor vehicles for police investigation 363 Removal of human body parts from scene of death or dismemberment 334 Sheriffs; certification; vacancy in office for failure to become certified 521 Sheriffs' Retirement Fund of Georgia; membership 328 Sheriffs' Retirement Fund of Georgia; rate of contributions; benefits 325 Submission to a chemical test; information to be provided by officer 472 Traffic accidents to be reported to Department of Public Safety 362 LAW STUDENTS Service as legal assistants; students in law schools outside state; 18 months 313 LAWRENCEVILLE, CITY OF Homestead exemption; city taxes; referendum 3783 LEE, PRIVATE GEORGE W., JR. Private George W. Lee, Jr., Memorial Bridge; designated 1218 LEGAL ASSISTANCE Local government participation in federal programs 822 LEWIS, MR. WALTER Compensation 1182 LIBERTY COUNTY Board of education; terms 3716 Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 Motor vehicle registration periods; referendum 3718 State court; judge; solicitor; compensation 4824 LIBRARIES County law library 1923 Georgia State Museum and State Library Study Commission; creation 1224 LICENSES Coin operated amusement machines; fees 834

Page CXXXII

Fishing in private ponds 600 Professional, business, and occupational licenses; persons not complying with child support orders 1728 Structural pest control; insurance coverage required 1245 Wild animals 1742 LIE DETECTORS Georgia Polygraph Examiners Act repealed 744 LIENS Aircraft liens for labor, materials, or contracts of indemnity; filing; recording; fees 798 Condominiums Vetoed HB 572 Condominiums 1943 Judgment liens; possession by bona fide purchaser; discharge 310 Property owners' associations and developments 1879 Tax and special assessments tax liens; setoff against condemnation awards in eminent domain for urban development 877 Water suppliers 1957 LIMITED LIABILITY COMPANIES Included as persons under Georgia Securities Act of 1973 860 Trade names; certificates; dissolution; transfer instruments; organization; approval rights of members and managers 161 LIMOUSINE CARRIERS Certificates of public convenience and necessity; inspections; chauffeur permits; preemption of local regulation; rates and charges 1238 LINCOLNTON, CITY OF Mayor and council; term limits 3853 LISSNER HOUSE Sale of state property to the City of Brunswick 1194 LITERACY INSTRUCTION Local government participation in federal programs 822

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LOBBYISTS Defined to include lobbying elected county officials, school superintendents, members of boards of education, and municipal officials 277 Reporting; fees 258 LOCAL GOVERNMENT Accommodations tax; use for aviation museum, aviation hall of fame, pedestrian trails, and walkways 793 Adjoining county; acquiring title to land in for exchange; adjoining county's consent required; exceptions 1940 Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity; proposed amendment to the Constitution 2018 Alcoholic beverages; regulation of sale in certain municipalities 395 Annexation; deannexation by ordinance 652 Annexation; lists of electors 1443 Audits; standards; corrective action; state grants withheld 1083 Cities, counties, or school districts, certain organizations of; included for purposes of public records access 618 Commissioner in certain counties; compensation; repealed 237 Conditioned air contractors; bonds; local code compliance 662 Consolidated governments; nonpartisan election 131 Conveyance of realty from the Geo. L. Smith II Georgia World Congress Center Authority to local governments 421 Council of Municipal Court Judges of Georgia; created 1923 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 County and city taxes on life insurers; population determination 528 County boards of health; contracts with community service boards; regional boards; membership 437 County departments of family and children services; employees; membership in Employees' Retirement System of Georgia 738 County governing authorities; minutes 1940 County law library 1923 County law library fund; maximum court costs in each action in certain counties; repealed 237 County owned property; private sale in certain counties; repealed 237 County probation and intake services employees transferred to Department of Children and Youth Services; retirement 710 Deannexation by ordinance of municipal corporations 652 Depositories for the funds of counties 412 Development authorities; joint; jobs tax credit 928 Downtown development authorities; directors; terms 1006 Eminent domain for urban development; setoff of tax liens or special assessment tax liens against condemnation award 877 Erosion and Sedimentation Act of 1975; certification as issuing authority; local program review 1650 Federal programs; participation in for specified purposes; contracts 822 Forfeiture of weapons illegally possessed or carried; disposition; proceeds of sale if crime within city 963 Georgia Peace Officer Standards and Training Act; basic training course; candidates; time limits; communications officers 1355

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Grand juries; inspection of county property 607 Highways; abandonment by counties; notice; hearing 294 Indigent defense; state funded local programs; in what cases legal representation provided 355 Joint county and municipal sales and use tax; distribution of proceeds; renegotiation; conflict resolution; termination 1816 Joint development authorities; jobs tax credit 928 Liens for indebtedness for water supplied 1957 Lobbyists; defined to include lobbying elected county officials, school superintendents, members of boards of education, and municipal officers 277 Local fire departments; exemptions 1758 Municipal corporations; annexation; lists of electors 1443 Municipal corporations; deannexation by ordinance 652 Municipal elections; terms of officers elected in 1988 for six-year terms 349 Nonpartisan election for local government offices; consolidated governments; prior nonpartisan primary omitted 131 Occupation taxes; exemption clarified 366 Plumbers; bonds; local code compliance 662 Political activities of employees 258 Priority for day-care centers in or adjacent to industrial parks 822 Public records; organizations of cities 618 Regulation of honeybee production 1716 Regulation of records of property acquired for retail sale at flea markets 1915 Sewage management systems; regulations 1777 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 Tax liens; setoff against condemnation award in eminent domain for urban development 877 Urban development; eminent domain for; setoff of tax liens or special assessment tax liens against condemnation award 877 Water; liens for water supplied 1957 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 Water suppliers; refusal to supply to residence because of prior indebtedness of prior owner, occupant, or lessee prohibited; liens 1957 LOITERING Arrest prior to trial for violation of county ordinance relating to loitering 292 LONG COUNTY Howard Bo Warren Parkway; designated 375 LOTTERY Electronic or mechanical ticket selling devices; within view of retailer; label prohibiting minor use; sale of ticket to minor; misdemeanor 1372

Page CXXXV

Income taxes; prizes to nonresidents taxable by Georgia 597 Income taxes; withholding; lottery prizes; state revenue commissioner to promulgate regulations 361 Programs started from lottery proceeds; conditions for continuation from general fund 470 Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 Retailers; qualifications; criminal convictions 599 Scholarship shortfall reserve subaccount 1662 Shortfall reserve subaccount 425 LOUIS HORN III Compensation 1189 LOWNDES COUNTY Board of commissioners; composition; districts; elections; terms 5073 Board of elections and registration; creation 5068 LUDOWICI, CITY OF Municipal court; name; recorder; election; terms; compensation 3730 LULA, CITY OF New charter 4841 M MACON, CITY OF Corporate limits 4832 Macon Fire and Police Employees Retirement System; average compensation 5390 Macon Pensions and Retirement System; retirement committee 5210 Macon Water Authority Employees' Pension Plan 3947 MACON COUNTY Herbert A. Saliba Bridge; designated 1191 MACON WATER AUTHORITY Macon Water Authority Employees' Pension Plan 3947

Page CXXXVI

MADISON COUNTY Board of commissioners; federal community development block grant funds; services; contracts 4520 MAGISTRATE COURTS Appling County; chief magistrate; nonpartisan nomination and election; referendum 4144 Appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Arrest prior to trial for violation of county ordinance relating to loitering 292 Bad check prosecutions; no contest cash bonds; forfeiture 865 Chatham County; magistrates; election 3772 Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check 1787 Glynn County; chief magistrate; elections; terms; deputy magistrates; compensation 4026 Indigent defense; state funded local programs; in what cases legal representation provided 355 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Pulaski County; chief magistrate; nonpartisan elections; referendum 3882 Richmond County; civil court; chief judge; duties; powers; transfer of cases within the civil court and the magistrate court 4433 Spalding County; chief magistrate; nonpartisan nomination and election 4426 Walker County; chief magistrate; compensation 4212 MAJORITY VOTE Requirement repealed for general elections; retained for special and primary elections; exceptions 279 MANAGED HEALTH CARE PROVIDERS Workers' compensation 887 MANUFACTURED HOMES Certificates of title; mobile homes; manufactured homes; transfer; retired titles 741 MANUFACTURING Income tax credits for investment, employee retraining, child care, and jobs 928 Sales and use tax exemption for machinery and primary material handling equipment 928

Page CXXXVII

MARIETTA, CITY OF Board of lights and waterworks; nonprofit corporations 4267 Cobb County-Marietta Water Authority; members; qualifications 4262 Corporate limits; deannexation 4171 Mayor pro tempore; Marietta Historic Board of Review; pension board; Downtown Marietta Development Authority 4265 MARRIAGE Drivers' licenses; change of name or address; replacement licenses 1876 See also DOMESTIC RELATIONS MARTIN LUTHER KING, JR., BOULEVARD Designated 764 MCKIBBEN, RAY Ray McKibben Medal of Honor Highway; designated 1186 MACKINNEY, JAMES E. BILLY James E. Billy McKinney Bridge; designated 1218 MEDICAL ASSISTANCE Local government participation in federal programs 822 MEDICAL EXAMINERS Georgia Death Investigation Act; notification of death 391 MEDICAL RECORDS Mentally ill, mentally retarded, alcoholic, and drug dependent patients; appeals; release of clinical records 1072 MENTAL HEALTH Alcoholism 437 Clinical nurse specialists; performance of certain acts 1249 Code revision 97 Community service boards 437 Emergency transport; clinical nurse specialists 1249 Indigent defense; state funded local programs; legal representation provided for defendant being evaluated for commitment, treatment, or services 355

Page CXXXVIII

Local government participation in federal programs 822 Mentally ill, mentally retarded, alcoholic, and drug dependent patients; appeals; release of clinical records 1072 Orders not to resuscitate; procedures for such orders 672 Personal care homes; licensing 1358 Professional counselors, social workers, and marriage and family therapists; addiction counselors; license exemption 953 School psychology services; contracts; local fair shares 668 State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery; report; abolition 437 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Board of directors; terms; quorum; security force; torts 4959 Metropolitan Atlanta Rapid Transit Overview Committee; extension of repeal date 952 Operating costs; interest 4952 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Extension of repeal date 952 MIDDLE JUDICIAL CIRCUIT Judges; expenses 4888 MIDWAY, CITY OF Corporate limits 3837 Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Disabled veterans; free license plates 393 Employees' Retirement System of Georgia; creditable service; military service 1872 Georgia National Guard; adjutant general 655 Georgia National Guard; assistance in drug law enforcement and delivery of medical care 655 Georgia National Guard; reporting for active duty without declaration of emergency; emergency declaration required for deployment to quell riots 654 Georgia National Guard; retired members; motor vehicle license plates 1848 Georgia National Guard; use within and outside state; use of national guard from other states 655 Georgia National Guard; youth opportunities training program; drug demand reduction program; immunity 655

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Income tax credits for investment in conversion from defense to domestic production 928 License plates for survivors of Pearl Harbor; minimum requirements 558 Spouses of deceased retired veterans; prestige plates 564 State commanders of nationally chartered veterans' organizations; prestige plates 413 World War II veterans; appreciation; monument study 1192 MILLEDGEVILLE, CITY OF Easement on state property 1988 Mayor and council; terms; districts; election dates 5356 MILLER COUNTY Swamp Gravy; designated as Georgia's Official Folklife Play 373 MINORS Assessment of risk prior to placement of youths in homes; plans of care 495 Boats; operation by minors 680 Certain violent juvenile offenders tried as adults; School Safety and Juvenile Justice Reform Act of 1994 1012 Child support 1728 Contributing to delinquency of a minor 1158 Conviction of DUI; additional penalty 1800 County boards of family and children services; manner of appointment; vacancies 505 Day-care services; participation by local governments in federal programs 822 Disciplinary problem children; identification and resolution Vetoed SB 395 Health coverage; child support; regulation of insurers relative to health coverage for dependent children 1728 Indigent defense; state funded local programs; legal representation in juvenile courts 355 Joint Study Committee on Child Support; created 1728 Juvenile courts; community based risk reduction programs; confidential information 417 Lottery; ticket sales; use of electronic or mechanical ticket selling device prohibited; misdemeanor to sell ticket to minor 1372 Probate courts; service of minor or incapacitated adult 725 Records of children being considered for foster care placement; access for foster parents, child-caring agencies, and child-placing agencies 967 Safety belts; use by minors in pickup trucks required 1005 Sexual offenders; condition of parole; notice to public school superintendent and sheriff; failure to provide notice 791 State Children's Trust Fund and Commission; eligibility criteria; disbursements; interest; repeal date changed; obsolete provisions repealed 509

Page CXL

MITCHELL COUNTY State court; judge and solicitor; compensation 3829 Terms of superior court 360 MOBILE HOMES Certificates of title; mobile homes; manufactured homes; transfer; retired titles 741 MOLENA, CITY OF Mayor and council; terms 4198 MONROE, CITY OF City administrator 5106 Water, Light, and Gas Commission; membership 5103 MORROW, CITY OF Homestead exemption; city taxes; referendum 4470 MOTELS Alcoholic beverages; in-room service 553 Hotel-motel tax; use of proceeds for aviation museum and aviation hall of fame; use of proceeds for pedestrian trails and walkways 793 Innkeepers; Olympic Games; excessive rates; penalties 1364 Innkeepers; posting of written statements regarding occupancy period 498 MOTOR COMMON CARRIER Motor vehicle license plates; trailers used as common or contract carriers for hire; permanent plates 1373 Redefined; vehicles for hire with seating capacity of 15 or less excluded 661 MOTOR CONTRACT CARRIER Motor vehicle license plates; trailers used as common or contract carriers for hire; permanent plates 1373 Redefined; vehicles for hire with seating capacity of 15 or less excluded 661 MOTOR FUEL TAX LAW Excise tax; exemptions; distributors; exemption certificates for nonhighway users; false claims of exemption; tax liability 569

Page CXLI

MOTOR VEHICLE DEALERS State Board of Registration of Used Car Dealers and State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers 1060 MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS State Board of Registration of Used Car Dealers and State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers 1060 MOTOR VEHICLE HIJACKING Anti-motor Vehicle Hijacking Act of 1994; offense defined; designated felony for juveniles; penalties; forfeiture; racketeering; where bailable 1625 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Reports received more than six months after accident 859 MOTOR VEHICLES AND TRAFFIC Accidents; exchange of information 831 Ad valorem taxes; knowing false statement regarding registration is false swearing; penalty 790 Aggravated assault; redefined 1920 Anatomical gifts; reduction in fees for drivers' licenses 1390 Anti-motor Vehicle Hijacking Act of 1994; offense defined; designated felony for juveniles; penalties; forfeiture; racketeering; where bailable 1625 Arrests, trials, and appeals; provisions not applicable to the City Court of Atlanta 604 Certificates of title; mobile homes; manufactured homes; transfer; retired titles 741 Certificates of title; replacements; fees 1851 Chauffeur permits for limousine carriers 1238 Code revision 97 Commercial drivers' licenses; definitions; serious traffic violation; tank vehicle 1058 Department of Children and Youth Services; liability insurance coverage for vehicles operated by nonprofit agencies 307 Disabled persons' license plates; veterans' license plates 413 Disabled veterans; free license plates 393 Driver improvement clinics 1066 Drivers' licenses; administrative suspension for driving under the influence of alcohol or drugs; procedures; pleas; machines 1600 Drivers' licenses; change of name or address; replacement licenses 1876 Drivers' licenses; fees; reduction for applicants making anatomical gifts 1390 Drivers' licenses; habitual violators; probationary drivers' licenses; criminal records checks 745

Page CXLII

Drivers' licenses; suspension; convictions in other jurisdictions; drug-related offenses; juvenile adjudications 730 Driving under the influence; machines for chemical testing 1600 Driving under the influence of alcohol or drugs; DUI alcohol or drug use risk reduction programs 831 DUI alcohol and drug use risk reduction programs 1066 Financial requirements; mutual insurers and self-insurers for motor vehicles 1931 Fleeing or attempting to elude a police officer; visual or audible signals 831 Habitual violators; probationary drivers' licenses; criminal records check 745 Handicapped Parking Law; unlawful practices directed at parking monitors 504 Limousine carriers; certificates of public convenience and necessity; inspections; preemption of local regulation; rates and charges 1238 Motor common carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Motor contract carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Motor fuel excise taxes; exemption; distributors; exemption certificates for nonhighway users; false claims of exemption; tax liability 569 Motor vehicle accidents; exchange of information 831 Motor vehicle license plates; amateur radio operators; retired members of the Georgia National Guard 1848 Motor vehicle license plates; firefighters; fees 1853 Motor vehicle license plates; replacement plates or revalidation decals; fees; certificates of title; replacement fees 1851 Motor vehicle license plates; spouses of deceased retired veterans prestige plates 564 Motor vehicle license plates; state commanders of nationally chartered veterans' organizations; prestige plates 413 Motor vehicle license plates; trailers used as common or contract carriers for hire; permanent plates 1373 Motor vehicle plates for survivors of Pearl Harbor; minimum requirements 558 Motor Vehicle Safety Responsibility Act; Department of Public Safety accident reports, notices, or claims received six months after general accident 859 Persons 21 years or older; exemptions from driver's license requirements 478 Property damage required for police investigation 363 Provisions of emergency medical services inapplicable to an invalid car 800 Registration; knowing false statement is false swearing; penalty 790 Registration and certificates of title applications; perfection of security interest 352 Removal of human body parts from scene of death or dismemberment 334 Residents defined; instruction permits and temporary licenses; information exchange in electronic format 514 Safety belts; use by minors in pickup trucks required 1005 School bus drivers; random drug testing 846 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 Submission to a chemical test; information to be provided by officer 472

Page CXLIII

Traffic accidents to be reported to Department of Public Safety 362 Used cars; boards combined 1060 MOTOR VOTER National Voter Registration Act of 1993; comprehensive revision in conformity 1443 MOULTRIE, CITY OF Council; districts 5207 MOUNT ZION, CITY OF Mayor and council; terms qualifications; vacancies 4894 MR. CRAIG J. WINKLER Compensation 1184 MR. JAMES C. COOK Compensation 369 MR. JIMMY HELTON Compensation 1183 MR. LOUIS HORN III Compensation 1189 MR. NELSON O. SCOGGINS Compensation 1217 MR. WALTER LEWIS Compensation 1182 MS. SHIRLEY SELPH Compensation 1185 MULTIRACIAL CLASSIFICATION Forms requesting racial identify for state agencies, public schools, and entities conducting business with state 1360

Page CXLIV

MUNICIPAL CORPORATIONS Accommodations tax; use for aviation museum, aviation hall of fame, pedestrian trails, and walkways 793 Adjoining county; acquiring title to land in for exchange; adjoining county's consent required; exceptions 1940 Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity; proposed amendment to the Constitution 2018 Alcoholic beverages; regulation of sale 395 Annexation; deannexation by ordinance 652 Annexation; lists of electors 1443 Audits; standards; corrective action; state grants withheld 1083 Conditioned air contractors; bonds; local code compliance 662 Consolidated governments; nonpartisan elections 131 Corporate limits; annexation; lists of electors 1443 Corporate limits; deannexation by ordinance 652 Council of Municipal Court Judges of Georgia; created 1923 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 County and city taxes on life insurers; population determination 528 Deannexation by ordinance 652 Downtown development authorities; directors; terms 1006 Erosion and Sedimentation Act of 1975; certification as issuing authority; local program review 1650 Federal programs; participation in for specified purposes; contracts 822 Forfeiture of weapons illegally possessed or carried; disposition; proceeds of sale if crime within city 963 Georgia Peace Officer Standards and Training Act; basic training course; candidates; time limits; communications officers 1355 Joint county and municipal sales and use tax; distribution of proceeds; renegotiation; conflict resolution; termination 1816 Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 Liens for indebtedness of water supplied 1957 Lobbyists; defined to include lobbying elected county officials, school superintendents, members of boards of education, and municipal officers 277 Local fire departments; exemptions 1758 Local governmental units with expenditures of less than $175,000.00; audits; reports of agreed upon procedures; contracts with state auditor 1083 Nonpartisan elections 131 Occupation taxes; exemption clarified 366 Officers; terms; expiration for officers elected in 1988 for six-year terms 349 Ordinances; deannexation 652 Plumbers; bonds; local code compliance 662 Priority for day-care centers in or adjacent to industrial parks 822 Public records; certain organizations of cities subject to access law 618 Regulation of honeybee production 1716 Sewage management systems 1777 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 Tax and special assessments tax liens; setoff against condemnation awards in eminent domain for urban development 877

Page CXLV

Tax liens; setoff against condemnation award in eminent domain for urban development 877 Voter registration; revision to conform with National Voter Registration Act of 1993 1443 Water; liens for water supplied 1957 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 MUNICIPAL COURTS Alpharetta; judges; solicitor; compensation; procedure; appeals; jurisdiction; rules 4271 Atlanta; City Court of Atlanta; Code Title 40, Chapter 13, Article 2 not applicable 604 Council of Municipal Court Judges of Georgia; created 1923 Ludowici; name of municipal court; recorder; election; terms; compensation 3730 Winterville; establishment of municipal court 3753 MURRAY COUNTY Hospital authority; vacancies 3863 T. P. Ramsey Bridge; designated 905 MUSCOGEE COUNTY Board of education; rate of tax levy; certification date 4538 Columbus, Georgia; mayor and council; nonpartisan elections 4386 Columbus Airport Commission; police 3699 State court; judges; compensation 4029 MUSEUM OF AVIATION Hotel-motel tax; use of proceeds 793 Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 MUSEUMS Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Georgia State Museum and State Library Study Commission; creation 1224 Hotel-motel tax; use of proceeds for aviation museum and aviation hall of fame 793 Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980

Page CXLVI

MUSIC Georgia Music Hall of Fame Authority; nonprofit subsidiaries 493 MUTUAL INSURERS Conversion of mutual insurer to a stock insurer; procedures 300 Financial requirements for motor vehicle insurers 1931 See also INSURANCE N NAMES Drivers' licenses; change of name or address; replacement licenses 1876 NATURAL RESOURCES See CONSERVATION AND NATURAL RESOURCES NEGLIGENCE See IMMUNITY and TORTS NELSON O. SCOGGINS Compensation 1217 NEWTON COUNTY Homestead exemption; county taxes; referendum 3745 Newton County Water and Sewerage Authority; revenue bonds 5101 Newton County Water and Sewerage Authority; revenue bonds Vetoed HB 1748 Sheriff, tax commissioner, judge of the probate court, clerk of the superior court, and chairperson of the board of commissioners; compensation 4156 NEWTON COUNTY WATER AND SEWERAGE AUTHORITY Revenue bonds 5101 Revenue bonds Vetoed HB 1748 NONPROFIT CORPORATIONS Code revision 97 Created by regional development centers 1636

Page CXLVII

NONPROFIT ORGANIZATIONS Beauty pageants conducted to raise funds for 1165 Georgia Music Hall of Fame Authority; nonprofit subsidiaries 493 Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Definitions; commission representation 1282 NORFOLK SOUTHERN RAILROAD Easement 1988 NORFOLK SOUTHERN RAILWAY COMPANY Sale, lease, or exchange of state property in Fulton County 749 NORTHLAND PREMIER CABLE LIMITED PARTNERSHIP Lease of state property in Rabun County 1211 NUDITY Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity 2018 NUISANCES Code revision 97 NURSES Clinical nurse specialists; performance of certain acts 1249 Registered professional nurses; loans 588 O OCCUPATION TAXES Local governments; exemption clarified 366 OCILLA, CITY OF Ad valorem taxes; millage rate 3697

Page CXLVIII

OCONEE COUNTY Board of commissioners; compensation 4679 Board of elections and registration; creation 3767 Probate court; judge; compensation 4679 Sheriff; compensation 4679 Superior court; clerk; compensation 4679 Tax commissioner; compensation 4679 Upper Oconee Basin Water Authority; creation 5123 OFFICE OF ENERGY RESOURCES Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources; employee transfer 1108 OFFICE OF PLANNING AND BUDGET Decentralization of state government; powers and duties relative to; planning; rental real estate space 1865 Fiscal notes; preparation 1633 OFFICE OF STATE ADMINISTRATIVE HEARINGS Creation 1856 OFFICIAL CODE OF GEORGIA ANNOTATED Corrections; reenactment 97 Elections 96 Retirement 92 OGLETHORPE COUNTY Board of commissioners; meetings 4045 OIL Pipelines; eminent domain; temporary suspension 229 OLYMPIC GAMES Innkeepers; Olympic Games; excessive rates; penalties 1364 Professions and businesses; limited exemption from licensure during games 80

Page CXLIX

OMAHA, CITY OF Charter repealed; city abolished 3815 OPEN RECORDS Cities, counties, or school districts, certain organizations of; included within definition of agency 618 OPTOMETRISTS Nondiagnostic lasers; pharmaceutical agents 996 Qualifications for registration; pharmacological treatment 853 State Board of Examiners in Optometry; name changed to State Board of Optometry 853 ORDERS NOT TO RESUSCITATE Procedures for such orders 672 ORGAN DONORS Anatomical gifts; reduction in fees for drivers' licenses 1390 P PARALYMPICS Professions and businesses; limited exemption from licensure during games 480 PARDONS State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 PARKS Georgia Agricultural Exposition Authority; venue of actions 590 Georgia Music Hall of Fame Authority; nonprofit subsidiaries 493 PAROLE Sexual offenders; condition of parole; notice to public school superintendent and sheriff 791 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015

Page CL

PARTNERSHIPS Foreign limited liability partnerships; formation; certificates of authority 1674 Limited liability partnerships 161 PATERNITY Hospital assistance; default judgments; objections; determinations of other states 1270 PATIENT SELF-REFERRAL ACT OF 1993 Designated health services defined 530 PATTEN, ROBERT LEE II Robert Lee Patten II Probation Detention Center; designated 925 PAULDING COUNTY Motor vehicle registration periods 3774 PEACE OFFICERS See LAW ENFORCEMENT OFFICERS AND AGENCIES PEACE OFFICERS' ANNUITY AND BENEFIT FUND Definitions; membership; age limits; vesting 320 Membership; correction officers; dues; creditable service 776 PEACH COUNTY Homestead exemption; school district taxes; referendum 3824 PEARL HARBOR License plates for survivors of Pearl Harbor; minimum requirements 558 PEDESTRAINS Local government tax on accommodations; use for museum of aviation, aviation hall of fame, pedestrian walkways, and trails 793

Page CLI

PENAL INSTITUTIONS Carlton H. Colwell Probation Detention Center; designated 1216 Code revision 97 County jail; sentencing judge authorized to designate confinement in for felon in specified circumstances Vetoed HB 1784 County work detail for felons sentenced to county jail Vetoed HB 1784 Good-time allowances for felons sentenced to county jail Vetoed HB 1784 Jails; award of good-time allowances to inmates for probation violations of felony offenses 1955 Minimum terms of imprisonment for certain violent offenders 1959 Parole; sexual offenders; notice to public school superintendent and sheriff; notice when moving to new county; misdemeanor 791 Peace Officers' Annuity and Benefit Fund; membership; correction officers; dues; creditable service 776 Robert Lee Patten II Probation Detention Center; designated 925 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 PENDERGRASS, CITY OF New charter 4755 PERMITS Chauffeurs 1238 Coin operated amusement machines 834 Solid waste handling and disposal facilities; permits to allow expansion 1922 PERRY, CITY OF Perry-Fort Valley Airport Authority; membership; name changed to Perry-Houston County Airport Authority; powers 3885 PERRY-FORT VALLEY AIRPORT AUTHORITY Membership; name changed to Perry-Houston County Airport Authority; powers 3885 PERRY-HOUSTON COUNTY AIRPORT AUTHORITY Membership; name changed from Perry-Fort Valley Airport Authority; powers 3885 PERSONAL CARE HOMES Employee records checks; definitions 1359

Page CLII

Licensing 1358 Residents; remedies 461 Unlicensed operation; penalties 461 PERSONAL PROPERTY Acquired for sale at flea markets; records 1915 Exemption from statutes regulating auctioneers 1391 Tax executions; notice of taxes due not required 358 PERSONS Low income; local government participation in federal programs 822 Moderate income; local government participation in federal programs 822 PETROLEUM PIPELINE STUDY COMMISSION Created; temporary suspension of eminent domain 229 PHYSICIANS Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Patient Self-referral Act of 1993; designated health service; definition 530 Podiatrists; regulation; licensing 1375 PICKUP TRUCKS Safety belts; use by minors in pickup trucks required 1005 See also MOTOR VEHICLES AND TRAFFIC PIERCE COUNTY Board of education; districts 4299 Homestead exemption; county taxes; referendum 4294 State court; judge; solicitor; compensation 4281 PIPELINES Oil and gas; eminent domain 229 PLAYS Joint Historic Dramas Study Committee; creation 1980 Swamp Gravy designated as Georgia's Official Folklife Play 373

Page CLIII

PLUMBERS Bonds; code compliance 662 Master plumbers and journeyman plumbers; continuing education 659 Propane dealers; installation, repair, or service of propane system, piping, or components 662 PLURALITY VOTE General elections; exception 279 PODIATRISTS Regulation; licensing 1375 POLITICAL ACTION COMMITTEES Names; campaign disclosure 258 POLK COUNTY Board of education; districts 4353 Polk County Water Authority; members; appointment 3876 POLK COUNTY WATER AUTHORITY Members; appointment 3876 POLLUTION See CONSERVATION AND NATURAL RESOURCES POLYGRAPH EXAMINERS Georgia Polygraph Examiners Act repealed 744 POOLER, CITY OF Community improvement districts 4931 PORT WENTWORTH, CITY OF Community improvement districts 4931 POWDER SPRINGS, CITY OF Corporate limits; city manager; powers 4140

Page CLIV

Council; districts 5296 PRAYER Moment of quiet reflection in schools 256 PRESIDENTIAL ELECTORS Straight party voting retained 279 PRINCIPALS Notice from surety to creditor to collect from principal 746 PRIVATE GEORGE W. LEE, JR., MEMORIAL BRIDGE Designated 1218 PRIVATE HOME CARE PROVIDERS Licensing 959 PROBATE COURTS Appling County; judge; nonpartisan nomination and election; referendum 4150 Catoosa County; judge; clerical help allowances 5083 Clayton County; probate court; judge; compensation 4562 Cobb County; judge; clerk; compensation 4054 Costs; oath of guardians and administrators; fiduciary's bond; property sale by temporary administrator 1173 Coweta County; judge; nonpartisan nomination and election 3879 Heard County; judge; compensation 3931 Heard County; judge; nonpartisan nomination and election 4666 Judge; filling vacancy in certain counties; repealed 237 Judges; compensation 620 Judges of the Probate Courts Retirement Fund of Georgia; joining or rejoining the fund; service credit 342 Judges' qualifications in certain counties; jury trials and appeals in certain counties; powers and qualifications of chief clerks in certain counties 1665 Jurisdiction to try violations of Georgia Boat Safety Act; waiver of jury trial 1163 Newton County; judge; compensation 4156 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Oconee County; judge; compensation 4679 Service of minor or incapacitated adult 725 Spalding County; judge; nonpartisan nomination and election 4203 Twiggs County; judge; compensation; benefits 4547

Page CLV

PROBATION Employees' Retirement System of Georgia; county probation and intake services employees transferred to Department of Children and Youth Services 710 PRODUCT PACKAGING Packaging component; redefined; certain steel strapping excluded 1101 PRODUCTIVITY State Productivity Council; created 1844 PROFESSIONAL PRACTICES COMMISSION Jurisdiction 801 PROFESSIONAL STANDARDS COMMISSION Jurisdiction 801 PROFESSIONS AND BUSINESSES Auctioneers; exemption for public sale of personal property 1391 Code revision 97 Community service boards; social workers; exemption from licensing of professional counselors 404 Conditioned air contractors; bonds; local code compliance 662 Conditioned air contractors; telemarketing 536 Dietetics Practice Act; enactment; dietitians; licensing; regulation 971 Electrical contractors; telemarketing 536 Georgia Polygraph Examiners Act repealed 744 Health care providers; contracts or agreements which may have the effect of lessening competition; proposed amendment to the Constitution 2022 Hearing aid dealers and dispensers; continuing education 1715 Home inspectors; written document required; contents; penalty 471 Innkeepers; Olympic Games; excessive rates; penalties 1364 Innkeepers; posting of written statements regarding occupancy period 498 Interior designers; waiver of exam and education requirement in specified circumstances 1759 Limited exemption from licensure during Olympic Games and Paralympic Games 480 Low-voltage contractors; telemarketing 536 Nurses; clinical nurse specialists; performance of certain acts 1249 Occupation taxes; exemption clarified 366 Optometrists; nondiagnostic lasers; pharmaceutical agents 996 Optometrists; qualifications for registration; pharmacological treatment 853 Optometrists; State Board of Examiners in Optometry changed to State Board of Optometry 853

Page CLVI

Patient Self-referral Act of 1993; designated health services defined 530 Plumbers; bonds; local code compliance 662 Plumbers; continuing education 659 Plumbers; telemarketing 536 Podiatrists; regulation; licensing 1375 Polygraph examiners; Act repealed 744 Private detective or private security businesses; requirements for licensure 291 Professional counselors; revise licensing requirements 450 Professional counselors, social workers, and marriage and family therapists; addiction counselors; license exemption 953 Propane dealers; installation, repair, or service of propane system, piping, or components 662 Psychologists; State Board of Examiners of Psychologists; authority; requirements for applicants; examination 224 Real estate appraisers; temporary permits; oral appraisal reports; penalties 881 Real estate brokers and salespersons; licenses; fees; corporations and partnerships; sanctions; records 1168 State Board of Examiners in Optometry changed to State Board of Optometry 853 State Board of Examiners of Psychologists; authority; requirements for applicants; examination 224 State Board of Optometry; membership qualifications 853 State Board of Registration of Used Car Dealers and State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers 1060 Structural pest control; insurance coverage required; civil penalties; negotiated settlements; orders, hearings, notices, and service 1245 Used cars; boards combined 1060 Utility contractors; definitions; licensing; contract bids 383 Utility contractors; licensing 1 Utility contractors; telemarketing 536 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 PROPANE DEALERS Installation, repair, or service of propane systems 662 PROPERTY Anatomical gifts; reduction in fees for drivers' licenses 1390 Cemeteries; registration; exemption for nonperpetual historical nonprofit cemeteries 329 Certificates of title; mobile homes; manufactured homes; transfer; retired titles 741 Condominiums; association powers; restrictive covenants 1943 Condominiums; association powers; restrictive covenants Vetoed HB 572 Condominiums; suspension of services to unit owners; liability for common expenses and assessments; liens; fees; amendment of instruments 1943

Page CLVII

Condominiums; suspension of services to unit owners; liability for common expenses and assessments; liens; fees amendment of instruments Vetoed HB 572 Conveyance of realty from the Geo. L. Smith II Georgia World Congress Center Authority to local governments 421 Deeds; recording; deeds to secure debt; cancellation; reversion to grantor; time 1943 Dispossessory proceedings; immediate issuance of writ of possession; when effective; appeal payment of rent into court 1150 Future interests descendible, devisable, and alienable as estates in possession 364 Home inspectors; written document required; contents; penalty 471 Innkeepers; Olympic Games; excessive rates; penalties 1364 Innkeepers; posting of written statements regarding occupancy 498 Judgment liens; possession by bona fide purchaser; discharge 310 Liens on aircraft for labor, materials, or contracts of indemnity; filing; recording; fees 798 Mortgage lenders and brokers; licensing 570 Personal property; tax executions; notice of taxes due not required 358 Presumption of intention to convert rented or leased property 650 Private ponds; licenses for fishing in 600 Property damage required on motor vehicles for police investigation 363 Real estate appraisers; temporary permits; oral appraisal reports; penalties 881 Realty; property owners' associations and developments; governance 1879 Recording of deeds; deeds to secure debt; cancellation; reversion to grantor; time 1943 Recording of maps or plats by superior court clerks; minimum standards 1096 Remainders; inheritance 364 See also STATE PROPERTY PSYCHOLOGISTS State Board of Examiners of Psychologists; authority; requirements for applicants; examination 224 PUBLIC ASSISTANCE See SOCIAL SERVICES PUBLIC DEBT Issuance to fund corrective action by Environmental Protection Division 1101 PUBLIC FUNDS Valuation of securities pledged by a depository to secure such funds 499

Page CLVIII

PUBLIC OFFICERS Attorney General; compensation 1065 Chief engineer, new name for state highway engineer 591 Code revision 97 Community service boards and employees 1717 Coroners; annual training 356 Court of Appeals; Judges; compensation 1065 Decentralization of state government 1865 Department of Children and Youth Services; liability insurance coverage for vehicles operated by nonprofit agencies 307 Department of Natural Resources; employment of part-time cleaning and custodial workers or cooks 308 Department of Public Safety; employees; political activity 1921 Depositories for the funds of counties and boards of education 412 Eligible voluntary charitable organizations defined 567 Firearms; carrying and possession; exemptions for certain persons 547 Georgia Death Investigation Act; medical examiner; notification of death 391 Georgia Sports Hall of Fame Authority; expenses 1251 Indemnification; line of duty defined for law enforcement officers and firefighters 1149 Office of Planning and Budget; energy resources 1108 Payroll deductions to not-for-profit organizations 699 Personal care homes; employee record checks; definitions 1359 Public funds; valuation of securities pledged by a depository to secure funds 499 State highway engineer redesignated as chief engineer 591 State Merit System of Personnel Administration; commissioners; membership on State Productivity Council 1844 State Merit System of Personnel Administration; community service boards 437 State Merit System of Personnel Administration; payroll deductions for not-for-profit organizations 699 Superior courts; district attorneys; compensation 851 Superior courts; judges; compensation 851 Supreme Court; Justices; compensation 1065 See also RETIREMENT AND PENSIONS PUBLIC RECORDS Cities, counties, or school districts, certain organizations of; included within definition of agency 618 PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Public Retirement Systems Standards Law; repeal of provisions referencing the Georgia Firemen's Pension Fund 315

Page CLIX

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Temporarily disabled employees; creditable service 868 PUBLIC SERVICE COMMISSION Authority relative to gas supply plans, adjustment factors, and rates 630 Fees for entities subject to Public Service Commission; apportionment 630 Limousine carriers, regulation of 1238 Motor common carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Motor contract carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Review of plan for access to live telephone operator 520 See also PUBLIC UTILITIES AND PUBLIC TRANSPORTATION PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Access to live telephone operator; review of plan by Public Service Commission; exception 520 Code revision 97 Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources 1108 Electricity; sales and use tax exemption 928 Fees for entities subject to Public Service Commission; apportionment 630 Gas supply plans; adjustment factors and rates; hearings; burden of proof; judicial review; fraud and willful or imprudent conduct; cost recovery 630 High-voltage safety; administration, enforcement, and rule-making by Commissioner of Labor; repealed 1673 Liens for indebtedness for water supplied 1957 Limousine carriers; certificates of public convenience and necessity; inspections; preemption of local regulation; rates and charges 1238 Motor common carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Motor contract carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Pipelines; eminent domain 229 Propane systems; installation, repair, or service 662 Rural telephone cooperatives; commercial office building and warehouse authorized in certain counties; repealed 237 Water suppliers; refusal to supply to residence because of indebtedness of prior owner, occupant, or lessee prohibited; liens 1957 PULASKI COUNTY Magistrate court; chief magistrate; nonpartisan elections; referendum 3882

Page CLX

PUTNAM COUNTY Homestead exemptions; county and school district taxes; referendums 4974 Sheriff; compensation 5033 Tax commissioner; compensation 5035 Q QUITMAN COUNTY Board of education; membership; districts; elections; school superintendent; appointment 3689 R RABUN COUNTY Board of commissioners; purchases; fiscal year; audits 4086 Clayton-Rabun County Water and Sewer Authority; financing of projects; bonds 4072 Rabun County Building Authority; creation 4564 RABUN COUNTY BUILDING AUTHORITY Creation 4564 RACKETEERING ACTIVITIES Motor vehicle hijacking 1625 RAFFLES Raffles by nonprofit organizations; legality; regulation; proposed amendment to the Constitution 2024 RALPH COUNTRY BROWN HIGHWAY Designated 1223 RAMSEY, T. P. T. P. Ramsey Bridge; designated 905 RANDOLPH COUNTY Board of commissioners; districts 3590 Board of education; election; school superintendent; appointment 3575 RAPE Condition of parole when victim under 18; notice to public school superintendent and sheriff 791

Page CLXI

RAY MCKIBBEN MEDAL OF HONOR HIGHWAY Designated 1186 REAL ESTATE APPRAISERS Temporary permits; oral appraisal reports; penalties 881 REAL ESTATE BROKERS AND SALESPERSONS Licenses; fees; sanctions; records; corporations and partnerships 1168 REAL PROPERTY Cemeteries; registration; exemption for nonperpetual care historical nonprofit cemeteries 329 Conservation use covenants; transfers; limited-duration covenants 428 Dispossessory proceedings; immediate issuance of writ of possession; when effective; appeal; payment of rent into court 1150 Owned by hospital authority operating hospital of more than 100 beds in county of more than 50,000 and leased to private business; ad valorem taxes 781 Property owners' associations and developments; governance 1879 Recording of deeds; deeds to secure debt; cancellation; reversion to grantor; time 1943 Recording of maps or plats by superior court clerks; minimum standards 1096 See also PROPERTY and REVENUE AND TAXATION RECORDS Cities, counties, or school districts, certain organizations of; open records 618 Mentally ill, mentally retarded, alcoholic, and drug dependent patients; appeals; release of clinical records 1072 RECOVERED MATERIALS Facilities, imposition of special county sales and use tax for 1668 Income tax credits for investment in recycling machinery, recycling manufacturing facility 928 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 RECREATIONAL BINGO Redefined 490 Redefined 1002

Page CLXII

RECYCLING Facilities, imposition of special county sales and use tax for 1668 Income tax credits for investment in recycling machinery, recycling manufacturing facility 928 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 RED TOP MOUNTAIN STATE PARK Sublease of specified property; terms; approval by U.S. Army Corps of Engineers 173 REGENTS RETIREMENT PLAN Board of trustees to establish rate of employee contributions 660 REGINALD TRICE PARKWAY Designated 1234 REGIONAL DEVELOPMENT CENTERS Administration of certain federal programs prohibited; contracts with state agencies; continuing education; disclosure of documents 1636 Contracts for planning for areas outside territory; board; membership; powers; nonprofit corporations; audits; exceptions; cessation 1636 REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES ACT Removal of political subdivision; violations 1101 REGISTERED PROFESSIONAL NURSES Loans to obtain degrees 588 REGISTRARS Revision to comply with National Voter Registration Act of 1993 1443 Training 1443 RESIDENCE FOR VOTING Revision to comply with National Voter Registration Act of 1993 1443 RESTRICTIVE COVENANTS Condominiums Vetoed HB 572 Condominiums 1943

Page CLXIII

Property owners' associations and developments 1879 RETIREMENT AND PENSIONS Code revision 92 District Attorneys' Retirement System; increased benefits for certain members 335 Employees' Retirement System of Georgia; agricultural commodity commission employees; creditable service 339 Employees' Retirement System of Georgia; county hospital authority employees transferred to state service; creditable service 337 Employees' Retirement System of Georgia; county probation and intake services employees transferred to Department of Children and Youth Services 710 Employees' Retirement System of Georgia; creditable service; military service 1872 Employees' Retirement System of Georgia; eligibility for certain persons 297 Employees' Retirement System of Georgia; forfeited annual and sick leave; creditable service 638 Employees' Retirement System of Georgia; Georgia Agrirama Development Authority; creditable service 332 Employees' Retirement System of Georgia; Georgia Indigent Defense Council; employees; membership 718 Employees' Retirement System of Georgia; Georgia Music Hall of Fame; employees; membership; service credit 715 Employees' Retirement System of Georgia; Lake Lanier Islands Development Authority; officers and employees; membership 396 Employees' Retirement System of Georgia; membership of employees of county departments of family and children services 738 Employees' Retirement System of Georgia; retirement allowances; death of retired members 1874 Employees' Retirement System of Georgia; secretaries of superior court judges and district attorneys; creditable service 708 Employees' Retirement System of Georgia; temporarily disabled public employees; creditable service 868 Georgia Firemen's Pension Fund; definitions; purpose; vesting; fire insurance premiums tax 703 Georgia Firemen's Pension Fund; Public Retirement System Standards Law 315 Income taxes; retirement income exclusion increased 381 Judges of the Probate Courts Retirement Fund of Georgia; joining or rejoining the fund; service credit 342 Peace Officers' Annuity and Benefit Fund; definitions; membership; age limits; vesting 320 Peace Officers' Annuity and Benefit Fund; membership; correction officers; dues; creditable service 776 Public Retirement Systems Standards Law; repeal of provisions referencing the Georgia Firemen's Pension Fund 315 Public School Employees Retirement System; temporarily disabled employees; creditable service 868 Regents Retirement Plan; board of trustees to establish rate of employee contributions 660

Page CLXIV

Sheriffs' Retirement Fund of Georgia; membership 328 Sheriffs' Retirement Fund of Georgia; rate of contributions; benefits 325 Superior Court Clerks' Retirement Fund of Georgia; retirement and disability benefits 1811 Superior Court Judges Retirement Fund of Georgia; retired judges; prohibition on holding public office or practicing law repealed 722 Superior Court Judges Retirement System; cost-of-living increases 298 Superior Court Judges Retirement System; recovery of rejected spouses' benefits 214 Superior Court Judges Retirement System; retired judges; prohibition on holding public office or practicing law repealed 722 Teachers Retirement System of Georgia; creditable service; employee contributions; percentage of salaries 1663 Teachers Retirement System of Georgia; creditable service; pregnancy absences; payments 726 Teachers Retirement System of Georgia; temporarily disabled employees; reditable service 868 Temporarily disabled public employees; creditable service under certain retirement systems 868 Trial Judges and Solicitors Retirement Fund; retired judges and solicitors; prohibition on holding public office repealed 722 Trial Judges and Solicitors Retirement Fund; spouses' benefits; contributions 341 See State Auditor's Report on Funding at end of this volume REVENUE AND TAXATION Ad valorem taxes; additional county boards of equalization; decisions to specify reasons 318 Ad valorem taxes; aircraft; return in county of primary home base 1776 Ad valorem taxes; amnesty 428 Ad valorem taxes; appeals of assessments; filing by mail; forms; time for response; consolidation; service; continuances 1088 Ad valorem taxes; arbitration as alternative method to appeal decision of tax assessors; notice of changes in returns 1823 Ad valorem taxes; assessors; joint city-county board in certain counties; repealed 129 Ad valorem taxes; certain cities to choose assessment; repealed 237 Ad valorem taxes; collection by levy and sale in certain counties by tax collector or commissioner; written consent of sheriff; repealed 237 Ad valorem taxes; commissions after court action prohibiting collection in certain counties; repealed 237 Ad valorem taxes; counties and municipalities; tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 Ad valorem taxes; demand for immediate payment upon evidence of intention to leave or remove property from state; bond; assessment; millage rate 561 Ad valorem taxes; exemption for blueberry plants; referendum 927 Ad valorem taxes; exemption for headquarters of veterans organization; referendum 965 Ad valorem taxes; failure to return taxable property by taxpayer in certain cities; repealed 237

Page CLXV

Ad valorem taxes; homestead exemption; senior citizens; income not exceeding $30,000.00; referendum 400 Ad valorem taxes; homestead exemptions; date for filing application 507 Ad valorem taxes; interest and penalty on delinquent taxes in certain counties; repealed 237 Ad valorem taxes; knowing false statement regarding motor vehicle registration is false swearing; penalty 790 Ad valorem taxes; quarterly billings in certain counties; repealed 237 Ad valorem taxes; realty owned by authority operating hospital of more than 100 beds in county of 50,000 or more leased primarily to private business 781 Ad valorem taxes; tax assessors ineligible for state and county offices in certain counties; repealed 237 Ad valorem taxes; tax commissioners; compensation 620 Ad valorem taxes; temporary tax bill during pendency of appeal; notice; interest; exemption from interest 787 Ad valorem taxes; time for making return in certain counties; repealed 237 Ad valorem taxes; valuation by board of equalization or superior court; investigation required before changing for two years 786 Ad valorem taxes for education; commission for collection 237 Cargo containers; sales and use tax; exemption 132 Code revision 97 Coin operated amusement machines; license fees; permit fees; sunset repealed 834 Collection of intangible recording tax by clerk of superior court in certain counties 1767 Commissioner of revenue; motor vehicle tag and title information in electronic format 514 Conservation use covenants; transfers; limited-duration covenants 428 Counties and municipalities; ad valorem tax sharing; regional facilities; contracts; proposed amendment to the Constitution 2025 County boards of equalization; additional boards; decisions to specify reasons 318 County boards of equalization; members; instructional requirements; ineligibility 1051 County property appraisers; service as members of board of tax assessors 507 County tax commissioner; assumption of duties by chief clerk upon incapacity; certain counties; repealed 237 Executions of tax collectors and commissioners; notice not required for taxes due on personalty 358 Federal law provisions incorporated into state law 797 Fire insurance premiums tax; Georgia Firemen's Pension Fund 703 Georgia Business Expansion Support Act of 1994; sales and use tax exemptions for electricity, material handling equipment, manufacturing machinery 928 Georgia Business Expansion Support Act of 1994 enacted; tax credits for jobs, manufacturer's investment, employee retraining, or child care 928 Homestead exemption; senior citizens; income not exceeding $30,000.00; referendum 400 Homestead exemptions; date for filing application 507 Hotel-motel tax; use for museum of aviation, aviation hall of fame, pedestrian walkways, and trails 793

Page CLXVI

Income taxes; credits for jobs, investment, employee retraining, and child care 928 Income taxes; increase in dependent exemptions and retirement income exclusion; withholding exemption allowances changed 381 Income taxes; lottery prizes to nonresidents taxable by Georgia 597 Income taxes; withholding; lottery prizes; state revenue commissioner to promulgate regulations 361 Income taxes; withholding for periodic payments; election not to withhold; rules and regulations 595 Intangible recording tax; collection by clerk of superior court in certain counties 1767 Job tax credits in less developed areas; manufacturer's investment tax credits; income tax credits for employee retraining and child care 928 Joint county and municipal sales and use tax; distribution of proceeds; renegotiation; conflict resolution; termination 1816 Joint Study Commission on Revenue Structure 1975 License fees; coin operated amusement machines 834 Local government tax on accommodations; use for museum of aviation, aviation hall of fame, pedestrian walkways, and trails 793 Motor fuel excise taxes; exemption; distributors; exemption certificates or nonhighway users; false claims of exemption; tax liability 569 Motor vehicle licenses and plates in certain counties; fees 237 Motor vehicle tag and title information in electronic format 514 Occupation taxes; local governments; exemption clarified 366 Permit fees; coin operated amusement machines 834 Sales and use tax; cargo containers 132 Sales and use tax; exemption for off-road equipment used exclusively for growing or harvesting timber 1269 Sales and use tax; exemption for school sale of concessions and tickets to school athletic events 552 Sales and use tax; exemptions for electricity, manufacturing machinery, and primary material handling equipment 928 Special county sales and use tax; disposition of proceeds; economically infeasible purposes; excess proceeds 1668 Special county sales and use tax; imposition for solid waste or recovered materials facilities; ordinance or resolution; ballot questions 1668 Tax and special assessments tax liens; setoff against condemnation awards in eminent domain for urban development 877 Tax collectors and commissioners; compensation; fees in certain counties 620 Unemployment tax amnesty program 837 RHODES MEMORIAL HALL Joint Rhodes Memorial Hall Study Committee; creation 911 RICEBORO, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority, creation 4826

Page CLXVII

RICHARD B. RUSSELL LAKE Sublease of specified property; terms; approval by U.S. Army Corps of Engineers 173 RICHMOND COUNTY Board of commissioners; purchases 5160 Board of education; budgets 5086 Civil court; chief judge; duties; powers; transfer of cases within the civil court and the magistrate court 4433 RIOTS Georgia National Guard; active duty without emergency declaration; declaration required for deployment to quell riots 654 ROBERT LEE PATTEN II Robert Lee Patten II Probation Detention Center; designated 925 ROCKMART, CITY OF Council; wards 5318 ROY H. (SONNY) WATSON, JR. Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 RULES AND REGULATIONS Administrative procedure; proposed rules; notice 503 Seed arbitration 1761 See also ADMINISTRATIVE PROCEDURE ACT S SAFETY Boats; flotation devices; operation of personal watercraft by children; water skiing; reckless operation 680 High-voltage safety; administration, enforcement, and rule-making by Commissioner of Labor; repealed 1673

Page CLXVIII

SALES AND USE TAX Cargo containers; exemption 132 Exemption for off-road equipment used exclusively for growing or harvesting timber 1269 Exemption for school sale of concessions and tickets to school athletic events 552 Exemptions for electricity, manufacturing machinery, and primary material handling equipment 928 Special county sales and use tax; disposition of proceeds; economically infeasible purposes; excess proceeds 1668 Special county sales and use tax; imposition for solid waste or recovered materials facilities; ordinance or resolution; ballot questions 1668 SALIBA, HERBERT A. Herbert A. Saliba Bridge; designated 1191 SALVAGE DEALERS State Board of Registration of Used Car Dealers and State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers 1060 SAVANNAH, CITY OF Board of public education; districts 4003 Board of tax assessors; appointment; joint board; abolition and transfer of records 3940 Community improvement districts 4931 Georgia International and Maritime Trade Center Authority; creation 4329 Pension plan; alternative retirement date for police and fire employees 5331 Pension plan; delayed retirement date for police and fire employees 5336 SCHLEY COUNTY Ellaville-Schley County Charter Commission; time limits; referendum 4042 SCHOOL SAFETY AND JUVENILE JUSTICE REFORM ACT Certain violent juvenile offenders tried as adults 1012 School safety zones 1012 SCHOOLS Approved school; redefined 697 Braille; proficiency and skill 1796 Capital outlay funds 1325 Disciplinary problem children; identification and resolution Vetoed SB 395 Migrant student grants 1796

Page CLXIX

Moment of quiet reflection in schools 256 Personnel refusal to alter grades not cause for termination 527 Professional Standards Commission and Professional Practices Commission; jurisdiction 801 Public school employees; health insurance premiums 426 Public school personnel; local salary supplements 782 Refusal to alter grades not cause for termination 527 School breakfast programs 295 School bus drivers; random drug testing 846 School psychology services; contracts; local fair shares 668 School safety zones 1012 School superintendents; contracts 1315 Special education programs; criteria 1106 Student records; access by both parents 531 Summer school programs 1315 Superintendents; not eligible for nonpartisan election 131 Textbook defined 1667 Uniform reporting system 1057 See also EDUCATION SCOGGINS, MR. NELSON O. Compensation 1217 SECRETARY OF STATE Official lists of registered and inactive voters; maintenance 1443 Powers, duties, and authority; revised in conformity with National Voter Registration Act of 1993 1443 Securities; cooperation with other regulatory entities 860 Telemarketing; deceptive or fraudulent; rules and regulations issued by; preventive powers 536 Voter registration and voting information; preparation and furnishing to citizens 1443 See also CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, ELECTIONS, PROFESSIONS AND BUSINESSES, PUBLIC OFFICERS AND EMPLOYEES, and STATE GOVERNMENT SECURITIES Limited liability companies; Secretary of State's cooperation with other regulatory entities; central registration and records depository 860 SEED ARBITRATION COUNCIL Created 1761 SEEING EYE DOGS Guide or service dog; accompanying trainer 1405

Page CLXX

SELPH, MS. SHIRLEY Compensation 1185 SENATE Composition of state Senate districts 174 Fiscal notes; preparation 1633 Prefiling of bills and resolutions 1146 SENIOR CITIZENS Aged and Disabled Transportation Task Force; creation 1983 Homestead exemptions; senior citizens; income not exceeding $30,000.00; referendum 400 SENTENCE REFORM ACT OF 1994 Minimum terms of imprisonment for certain violent offenders 1959 SENTENCES Minimum terms of imprisonment for certain violent offenders 1959 State Board of Pardons and Paroles; powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 See also CRIMES AND OFFENSES, CRIMINAL PROCEDURE, and PENAL INSTITUTIONS SEWAGE MANAGEMENT SYSTEMS Regulations 1777 SEXUAL ASSAULT AGAINST PERSON IN CUSTODY Condition of parole when victim under 18; notice to public school superintendent and sheriff 791 SEXUAL OFFENDERS Parole; sexual offenders; notice to public school superintendent and sheriff; notice when moving to new county; misdemeanor 791 SHERIFFS Bonds; approval of sureties; rules for professional bonding companies; realty bonds; qualifications for professional bondspersons 532 Bonds; deputies' bonds; conditioned upon accounting for funds and property under control 747

Page CLXXI

Certification as peace officers; vacancy in office for failure to become certified 521 Compensation 620 Deposits in interest-bearing accounts; cash reserves of professional bonds persons excluded 1179 Georgia Peace Officer Standards and Training Act; basic training course; candidates; time limits; communications officers 1355 Sexual offenders; condition of parole; notice to public school superintendent and sheriff; sheriff's register 791 Sheriffs' Retirement Fund of Georgia; membership 328 Sheriffs' Retirement Fund of Georgia; rate of contributions; benefits 325 SHERIFFS' RETIREMENT FUND OF GEORGIA Membership 328 Rate of contributions; benefits 325 SHIRLEY SELPH Compensation 1185 SHRIMP Bait shrimping 1834 SMOKE DETECTORS Installation in all buildings 1235 SMOKING Smoking prohibited in child care facilities 650 SOCIAL CIRCLE, CITY OF City manager; mayor; powers 5097 SOCIAL SERVICES Aid to Families with Dependent Children; monthly reporting and retrospective budgeting eliminated 765 Aid to Families with Dependent Children Act; Work for Welfare Program 765 Assessment of risk prior to placement of youths in homes; plans of care 495 Code revision 97 Comprehensive family and individual support plan for persons with disabilities; development urged 1180 County boards of family and children services; manner of appointment; vacancies 505

Page CLXXII

County departments of family and children services; employees; membership in Employees' Retirement System of Georgia 738 Day-care; smoking prohibited; signs 650 Department of Children and Youth Services; contracts 304 Food stamps; monthly reporting and retrospective budgeting eliminated 765 Georgia Family Caregiver Support Act; enacted 455 Initiative to Promote Work, Education, and Family Stability; earned income tax credit; value of vehicle owned by AFDC recipient; earnings of teenagers 765 Medical assistance; administrative hearings and appeals 1856 Payments for programs for potential foster and adoptive parents 409 Records of children being considered for foster care placement; access for foster parents, child-caring agencies, and child-placing agencies 967 Smoking prohibited in day-care centers, group day-care homes, and family day-care homes; signs 650 Work for Welfare Program 765 SOCIAL WORKERS Professional counselors; revise licensing requirements 450 SODOMY Condition of parole when victim under 18; notice to public school superintendent and sheriff 791 SOIL AND WATER CONSERVATION COMMISSION Erosion and Sedimentation Act of 1975; minimum requirements; permits; bonds; enforcement; penalties; exemptions 1650 SOLICITORS Trial Judges and Solicitors Retirement Fund; retired judges and solicitors; prohibition on holding office repealed 722 Trial Judges and Solicitors Retirement Fund; spouses' benefits; contributions 341 SOLID WASTE Facilities, imposition of special county sales and use tax for 1668 Handling and disposal facilities; modification of permits to allow expansion 1922 Stopping or standing on road; vehicles collecting municipal solid waste or recovered materials 639 SOUTH GEORGIA JUDICIAL CIRCUIT Terms; Decatur County and Mitchell County 360

Page CLXXIII

SPALDING COUNTY Board of commissioners; districts 3527 Griffin-Spalding County School District; homestead exemption; school district taxes; referendum 4205 Griffin-Spalding County School System; board of education; terms 3556 Homestead exemption; county taxes; referendum 4429 Magistrate court; chief magistrate; nonpartisan nomination and election 4426 Probate court; judge; nonpartisan nomination and election 4203 SPARTAN RADIOCASTING COMPANY Lease of state property in Rabun County 1213 SPECIAL COUNTY SALES AND USE TAX Ballot questions; disposition of proceeds; excess proceeds; economically infeasible purposes 1668 Imposition for solid waste or recovered materials facilities; ordinance or resolution 1668 SPORTS Ticket scalping 1368 SPORTS HALL OF FAME Board; statutes relating to nonprofit corporations applicable 587 Created 1251 STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS Authority; requirements for applicants; examination 224 STATE BOARD OF PARDONS AND PAROLES Parole; sexual offenders; notice to public school superintendent and sheriff; notice when moving to new county; misdemeanor 791 Powers; mandatory service of sentences; sentences of life without parole; proposed amendment to the Constitution 2015 STATE BOARD OF WORKERS' COMPENSATION Qualifications 887 See also WORKERS' COMPENSATION

Page CLXXIV

STATE CHILDREN'S TRUST FUND State Children's Trust Fund and Commission; eligibility criteria; disbursements; interest; repeal date changed; obsolete provisions repealed 509 STATE COMMISSION ON MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE DELIVERY Report; abolition date 437 STATE CONTRACTS Lottery retailers; qualifications; criminal convictions 599 STATE COURTS Clayton County; deposits for advance costs 3985 Clayton County; judges; compensation 4138 Clayton County; solicitor; compensation 4287 Cobb County; judges; compensation 4529 Cobb County; second division; judges; compensation 4531 Cobb County; solicitor; compensation 4619 Cobb County; solicitor and assistant solicitors; designations 3938 Coweta County; judge and solicitor; compensation; duties; secretary 3736 Decatur County; judge; compensation 3868 Effingham County; solicitor; compensation 3821 Fayette County; state court; creation 4980 Fulton County; additional judge 3944 Glynn County; judge; compensation 3967 Gwinnett County; demand for trial 4377 Gwinnett County; judges; compensation 4160 Indigent defense; state funded local programs; in what cases legal representation provided 355 Jurors; U.S. citizenship required 408 Liberty County; judge; solicitor; compensation 4824 Mitchell County; judge; solicitor; compensation 3829 Muscogee County; judges; compensation 4029 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Pierce County; judge; solicitor; compensation 4281 Retired judges and solicitors; prohibition on holding public office repealed 722 Trial Judges and Solicitors Retirement Fund; retired judges and solicitors; prohibition on holding public office repealed 722 Troup County; judge; duties; compensation; secretary 4468 Walker County; judge; secretary; compensation 3726 STATE CRIME LABORATORY Georgia Bureau of Investigation; laboratories; testing of substances; submission; evidence; certificates; criminal procedure 875

Page CLXXV

STATE ELECTION BOARD Powers, duties, and authority; revised in conformity with National Voter Registration Act of 1993 1443 See also ELECTIONS STATE EMPLOYEES Community service boards; employees 1717 Division of Energy Resources of Georgia Environmental Facilities Authority replacing Office of Energy Resources; employee transfer 1108 Job related injuries; records; liability of insurer 1717 Payroll deductions to not-for-profit organizations 699 Political activities 258 State officers and employees 1717 See also PUBLIC OFFICERS AND EMPLOYEES and RETIREMENT AND PENSIONS STATE GOVERNMENT Administrative Procedure Act; Office of State Administrative Hearings 1856 Administrative Procedure Act; powers and authority of hearing officers; writs; fines 1270 Administrative Procedure Act; proposed rules; notice 503 Advisory Board on Space Management; repealed 1865 Alcoholic beverages; regulation by the state, counties, and municipalities; exhibition of nudity; proposed amendment to the Constitution 2018 Boundary with South Carolina 824 Carlton H. Colwell Probation Detention Center; designated 1216 Claims against the state; officers and employees; job related injuries; records; liability of insurers 1717 Code revision 97 Community service boards; social workers; exemptions from licensing of professional counselors 404 Community service boards; State Merit System of Personnel Administration; department and agency; definition 437 Community service boards; unemployment compensation and workers' compensation for employees; insurance for automobiles, property, and employees 1717 Decentralization 1865 Department of Natural Resources; employment of part-time cleaning and custodial workers or cooks 308 Department of Public Safety; employees; political activity 1921 Depositories; securities 499 Distance learning and telemedicine; use of Universal Service Fund 2010 Division of Energy Resources of Georgia Environmental Facilities Authority; created to replace Office of Energy Resources 1108 Documents; multiracial classification on forms requesting racial identity for state agencies, public schools, entities conducting business with state 1360 Georgia Environmental Facilities Authority; administration of funds 555 Georgia Golf Hall of Fame; board; membership; terms; appointing authority 309

Page CLXXVI

Georgia International and Maritime Trade Center 166 Georgia Sports Hall of Fame; board; statutes relating to nonprofit corporations applicable 587 Georgia Sports Hall of Fame Authority; expenses 1251 Georgia State Cotton Museum and Dooly County Welcome Center; recognized as the state's official Cotton Museum 904 Georgia State Museum and State Library Study Commission; creation 1224 Grants; withheld from local governments failing to provide audits required by law within preceding five years 1083 Hazardous Materials Liability Reserve Fund; transfer into State Torts Claims Trust Fund 1717 Joint Rhodes Memorial Hall Study Committee; creation 911 Joint Study Commission on Revenue Structure 1975 Lottery; electronic or mechanical ticket selling devices; within view of retailer; label prohibiting use by minors; sale of ticket to minor 1372 Lottery; programs started from lottery proceeds; conditions for continuation from general fund 470 Lottery; scholarship shortfall reserve subaccount 1662 Lottery; shortfall reserve subaccount 425 Lottery retailers; qualifications; criminal convictions 599 Office of State Administrative Hearings; creation 1856 Public records; agency redefined to include certain organizations of counties, cities, or school districts 618 Regional development centers 1636 State depositories; securities 499 State Merit System of Personnel Administration; commissioners; membership on State Productivity Council 1844 State Merit System of Personnel Administration; community service boards 437 State Merit System of Personnel Administration; payroll deductions for not-for-profit organizations 699 State Productivity Council; created 1844 Swamp Gravy; designated as Georgia's Official Folklife Play 373 Universal Service Fund; use for distance learning and telemedicine purposes 2010 STATE GRANTS Withheld from local governments failing to provide all audits required by law for preceding five years 1083 STATE HIGHWAY ENGINEER Redesignated as chief engineer 591 STATE LIBRARY Georgia State Museum and State Library Study Commission; creation 1224

Page CLXXVII

STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Commissioners; membership on State Productivity Council 1844 Community service boards 437 Payroll deductions for not-for-profit organizations 699 STATE MUSEUM Georgia State Museum and State Library Study Commission; creation 1224 STATE OF GEORGIA Boundary with South Carolina 824 Nation-wide reciprocal banking; acquisitions 215 See also STATE GOVERNMENT STATE PRODUCTIVITY COUNCIL Created 1844 STATE PROPERTY Amicalola Electric Membership Corporation; easement 1988 Atlanta Gas Light Company; easement 1988 Baldwin County Board of Education; easement 1988 Barrow County; lease 1226 BellSouth Telecommunications, Inc.; easement 1988 Brooks County; sale of state property to county 1187 Brunswick; Lissner House; sale to city 1194 Carlton Company; easement 1988 Cave Spring; sale to city Vetoed HR 814 Chattooga County; conveyance 908 Coastal Center for Developmental Services, Inc.; lease 1229 ConAgra Poultry Company; lease in Whitfield County 906 Georgia 8 Cellular Limited Partnership; lease of state property in Bryan County 1208 Georgia Building Authority (Hospital); conveyance of state property or interests at Central State Hospital 923 Georgia Ports Authority; sale of property to Columbus, Georgia 370 Georgia Power Company; easements 751 Georgia Power Company; sale to or exchange of property with the state; Tallulah Gorge 917 Glynn County; sale of property in county 1195 Grady County; conveyance 1972 GTE Telephone Systems, South Area; easements 751 Gwinnett/Rockdale/Newton Creative Enterprises, Inc.; lease 1229 Jackson Electric Membership Corporation; easements 751 Jenkins County; sale of state property in county 1203 Joint Rhodes Memorial Hall Study Committee; creation 911 Kennesaw; lease to city 1198

Page CLXXVIII

Milledgeville; easement to city 1988 Norfolk Southern Railroad; easement 1988 Norfolk Southern Railway Company; sale, lease, or exchange of state property in Fulton County 749 Northland Premier Cable Limited Partnership; lease of state property in Rabun County 1211 Spartan Radiocasting Company; lease of state property in Rabun County 1213 Tunnel Hill; conveyance 914 United States of America; lease of state property in Chatham County 1201 Walker County; easement 1988 STATE TORTS CLAIMS TRUST FUND Transfer of funds from Hazardous Materials Liability Reserve Fund 1717 STATE-WIDE RESERVE RATIO Employment Security Law amended 640 STATUTORY RAPE Condition of parole; notice to public school superintendent and sheriff 791 STEWART COUNTY Board of education; elections; districts; terms 3584 STOCK INSURERS Conversion of mutual insurer to a stock insurer, procedures 300 STRAIGHT PARTY VOTING Repealed except for presidential electors 279 STRATEGIC PLANNING Decentralization of state government 1865 STRUCTURAL PEST CONTROL Insurance coverage required; civil penalties; negotiated settlements; orders, hearings, notices, and service 1245

Page CLXXIX

SUGAR HILL, CITY OF Corporate limits 4542 Homestead exemption; city taxes; referendum 4194 SUICIDE Assistance in commission of suicide prohibited 1370 SUMTER COUNTY Americus; system; funding for fiscal year 1995; merger with Sumter County School System 4187 Board of commissioners; compensation; population Act repealed 4056 Board of education; compensation 3696 Board of education; membership; districts; elections; terms; compensation 5108 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Retirement and disability benefits 1811 SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA Retired judges; prohibition on holding public office or practicing law repealed 722 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Cost of living increases 298 Retired judges; prohibition on holding public office or practicing law repealed 722 SUPERIOR COURTS Bartow County; judges; district attorney; salary supplements 4779 Ben Hill County; judges; salary supplement 4920 Calhoun County; sheriff; compensation 3831 Candler County; judges; expenses 4888 Catoosa County; clerk; clerical help allowance 5083 Cherokee Judicial Circuit; judges; district attorney; salary supplements 4779 Clayton County; clerk; compensation 4882 Clayton County; court reporters; compensation 4397 Clayton County; district attorney; salary supplement 4064 Clayton County; judges; salary supplements 4062 Clayton County; sheriff; compensation 4883 Clayton Judicial Circuit; district attorney; salary supplement 4064 Clayton Judicial Circuit; judges; salary supplements 4062 Clerks; collection of intangible recording tax in certain counties 1767

Page CLXXX

Clerks; compensation 620 Clerks; custodians of records; contracts to market records or data 671 Clerks; Georgia Superior Court Clerks' Cooperative Authority 665 Clerks; indexing notices of commencement 870 Clerks; notification of purchasers of realty in certain counties regarding homestead exemptions; repealed 237 Clerks; recording of maps or plats; minimum standards 1096 Cobb County; clerk; deputy clerk; compensation 5080 Cobb County; district attorney; investigators; assistant district attorneys; compensation 4622 Cobb County; sheriff; chief deputy; chief investigator; executive assistant; compensation 4927 Cobb County; sheriff; vacancies; chief investigator; qualifications 3762 Cobb Judicial Circuit; district attorney; investigators; assistant district attorneys; compensation 4622 Contracts to market records or data 671 Cordele Judicial Circuit; judges; salary supplement 4920 Crisp County; judges; salary supplement 4920 Decatur County; terms 360 District attorneys; compensation 851 Domestic relations; standing order 1161 Dooly County; judges; salary supplement 4920 Early County; terms 1052 Emanuel County; judges; expenses 4888 Employees' Retirement System of Georgia; secretaries of superior court judges and district attorneys; creditable service 708 Gordon County; judges; district attorney; salary supplements 4779 Heard County; clerk; compensation 3928 Heard County; sheriff; compensation 3987 Holding court in place other than courthouse in certain counties 1052 Indigent defense; state funded local programs; in what cases legal representation provided 355 Intangible recording tax; collection by clerk of superior court in certain counties 1767 Jefferson County; judges; expenses 4888 Judges; appointment of superior court judges removed by federal court order as special judges of magistrate court 607 Judges; compensation 851 Judicial circuits composed of county of 23,510 - 23,700 and county of 32,400 - 32,700; official court reporter's authority to hire secretary; repealed 237 Judicial circuits containing county of 350,000 - 500,000; additional court reporters and secretarial and clerical help; repealed 237 Judicial circuits of 45,000 - 52,000; office of assistant court reporter; repealed 237 Jurors; U.S. Citizenship required 408 Lamar County; sheriff; vacancies; incapacity 4084 Middle Judicial Circuit; judges; expenses 4888 Mitchell County; terms 360 Newton County; clerk; sheriff; compensation 4156 Nonuniform pilot projects; proposed amendment to the Constitution 2020 Oconee County; clerk; sheriff; compensation 4679 Order, standing; domestic relations 1161

Page CLXXXI

Putnam County; sheriff; compensation 5033 Recording of maps or plats by superior court clerks; minimum standards 1096 Retired judges; prohibition on holding public office or practicing law repealed 722 Sheriffs; bonds; deputy sheriff's bonds 747 Sheriffs; certification; vacancy in office for failure to become certified 521 Sheriffs; deposits in interest-bearing accounts; cash reserves of professional bondspersons excluded 1179 Sheriffs; vacancy in certain counties; repealed 237 South Georgia Judicial Circuit; terms in Decatur and Mitchell counties 360 Superior Court Clerks' Retirement Fund of Georgia; retirement and disability benefits 1811 Superior Court Judges Retirement Fund of Georgia; retired judges; prohibition on holding public office or practicing law repealed 722 Superior Court Judges Retirement System; cost-of-living increases 298 Superior Court Judges Retirement System; recovery of rejected spouses benefits 214 Superior Court Judges Retirement System; retired judges; prohibition on holding public office or practicing law repealed 722 Talbot County; sheriff; deputies; compensation 4285 Toombs County; judges; expenses 4888 Twiggs County; clerk; compensation; benefits 4913 Twiggs County; sheriff; compensation; benefits 4917 Walton County; sheriff; vacancies 4560 Washington County; judges; expenses 4888 Wilcox County; judges; salary supplement 4920 SUPREME COURT Justices; compensation 1065 SURETIES Construction; payment bonds or security deposits 870 Notice from surety to creditor to collect from principal 746 SUWANEE, CITY OF Corporate limits 4174 SWAMP GRAVY Designated as Georgia's Official Folklife Play 373 T T. P. RAMSEY BRIDGE Designated 905

Page CLXXXII

TALBOT COUNTY Board of commissioners; membership; districts; elections; terms 3637 Sheriff; deputies; compensation 4285 TALIAFERRO COUNTY Board of commissioners; membership; districts; elections; terms; compensation 3643 TALLULAH GORGE Georgia Power Company; sale or exchange of state property at Tallulah Gorge 917 TATTOOS Minimum age for obtaining; regulation of industry 446 TAX See REVENUE AND TAXATION TAX APPEALS Ad valorem taxes; appeals of assessments; filing by mail; forms; time for response; consolidation; service; continuances 1088 Ad valorem taxes; arbitration as alternative method to appeal decision of tax assessors; notice of changes in returns 1823 Ad valorem taxes; temporary tax bill during pendency of appeal; notice; interest; exemption from interest 787 County boards of equalization; members; instructional requirements; ineligibility 1051 Valuation by board of equalization or superior court; investigation required before changing for two years 786 TAX ASSESSORS Ad valorem taxes; arbitration as alternative method to appeal decision of tax assessors; notice of changes in returns 1823 TAX COLLECTORS AND COMMISSIONERS Compensation; fees in counties of 45,000 or more 620 Demand for immediate payment upon evidence of intention to leave or remove property from state; bond 561 Executions; notice not required for taxes due on personalty 358

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TAX CREDITS Job tax credits in less developed areas; manufacturer's investment tax credits; income tax credits for employee retraining and child care 928 TAX EXECUTIONS Demand for immediate payment upon evidence of intention to leave or remove property from state; bond 561 Notice not required for taxes due on personalty 358 TAX EXEMPTIONS Ad valorem taxes; exemption for blueberry plants; referendum 927 Ad valorem taxes; exemption for headquarters of veterans organization; referendum 965 Conservation use covenants; transfers; limited-duration covenants 428 Dependent exemption increased 381 Homestead exemptions; date for filing application 507 Homestead exemptions; senior citizens; income not exceeding $30,000.00; referendum 400 Motor fuel excise taxes; exemption; distributors; exemption certificates for nonhighway users; false claims of exemption; tax liability 569 Occupation taxes; local governments; exemption clarified 366 Retirement income exclusion increased 381 Sales and use tax; exemption for off-road equipment used exclusively for growing or harvesting timber 1269 Sales and use tax; exemption for school sale of concessions and tickets to school athletic events 552 Sales and use tax exemptions for electricity, manufacturing machinery, and primary material handling equipment 928 TAXABLE NONRESIDENT Income taxes; lottery prizes to nonresidents taxable by Georgia 597 TAYLOR COUNTY Garland T. Byrd Bridge; designated 916 Taylor County Airport Authority; creation 5010 Ward Edwards Bridge; designated 903 TAYLOR COUNTY AIRPORT AUTHORITY Creation 5010 TEACHERS RETIREMENT SYSTEM OF GEORGIA Creditable service; pregnancy absences; payments 726

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Employee contributions; percentage of salary 1663 Temporarily disabled employees; creditable service 868 TELECOMMUNICATIONS Access to live telephone operator; review of plan by Public Service Commission; exception 520 TELEMARKETING Deceptive or fraudulent; rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 Law Enforcement Integrity Act of 1994; misleading the public in connection with fundraising, solicitations, or telemarketing 1392 TELEMEDICINE Universal Service Fund; use for distance learning and telemedicine purposes 2010 TELEPHONES Access to live telephone operator; review by Public Service Commission; exception 520 Telemarketing, rules and regulations; prohibited acts; culpability; preventive powers; penalties 536 TEMPORARY EMPLOYEES Labor pools; work-site employers; pay stubs; payment of employees; enforcement; fines; appeals; misdemeanor offenses 1152 TERRELL COUNTY Board of elections and registration; creation 4388 THOMASTON, CITY OF Corporate limits; deannexation; election district 5030 Thomaston-Upson County Office Building Authority; powers 4446 THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITY Powers 4446 THOMASVILLE, CITY OF City council and board of education; districts 5265

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THUNDERBOLT, TOWN OF Community improvement districts 4931 TICKET SCALPING Unlawful to sell ticket for price higher than printed on ticket; service charges; advertisements and posters 1368 TIFT COUNTY Board of commissioners; districts 3547 Board of education; districts; terms 3538 TIMBER Sales and use tax; exemption for off-road equipment used exclusively for growing or harvesting timber 1269 TOCCOA, CITY OF Corporate limits; deannexation 4969 TOOMBS COUNTY Middle Judicial Circuit; judges; expenses 4888 TORTS Claims against the state; state officers and employees; job related injuries; records; liability of insurers 1717 Immunity; persons providing services without compensation at school request; schools; exceptions 1055 Metropolitan Atlanta Rapid Transit Authority; security force 4959 State Torts Claims Trust Fund; transfer of moneys from Hazardous Materials Liability Reserve Fund 1717 Two carrier coverage; settlement of claims and release from liability 1156 TRADE NAMES Limited liability companies and partnerships 161 TRAFFIC COURTS Terms; sessions; certain cities 862

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TRANSPORTATION Aged and Disabled Transportation Task Force; creation 1983 Developmental highway system; addition 701 Limousine carriers; certificates of public convenience and necessity; inspections; preemption of local regulation; rates and charges 1238 Motor common carrier; vehicles for hire with seating capacity of 15 or less excluded 661 Motor contract carrier; vehicles for hire with seating capacity of 15 or less excluded 661 State highway engineer redesignated as chief engineer 591 See also AVIATION, HIGHWAYS, BRIDGES, AND FERRIES, MOTORVEHICLES AND TRAFFIC, and PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TREUTLEN COUNTY Board of education; compensation 4414 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Retired judges and solicitors; prohibition on holding public office repealed 722 Spouses' benefits; contributions 341 TRICE, REGINALD Reginald Trice Parkway; designated 1234 TROUP COUNTY Board of education; school district; education districts; members 3501 Homestead exemptions; school district taxes; referendum 3844 State court; judge; duties; compensation; secretary 4468 TUNNEL HILL, CITY OF Conveyance of state property 914 TWIGGS COUNTY Board of commissioners; compensation; expenses; reports; records 4050 Board of education; compensation; meetings 4048 Hardy Durham Faulk, Sr., Memorial Bridge; designated 921 Probate court; judge; compensation; benefits 4547 Sheriff; compensation; benefits 4917 Superior court; clerk; compensation; benefits 4913 Tax commissioner; compensation; benefits 4177

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TYBEE ISLAND, CITY OF Community improvement districts 4931 U UNDERGROUND STORAGE TANKS Inspections; trust fund; third-party liabilities; subrogation; fees; corrective actions; costs; liens; annual notification; penalties; emergency order 804 UNEMPLOYMENT COMPENSATION Community service boards 1717 Maximum weekly amount; rates; charging employer's account; overpayment; interest and penalty; waiver 640 Overpayment; recovery when employee subsequently receives back wages 779 Tax amnesty program 837 UNIFORM COMMERCIAL CODE Financing statements; central indexing system 1693 UNION CITY, CITY OF Mayor and council; organizational meeting; mayor pro tempore 5304 UNITED STATES OF AMERICA Chatham County; lease of state property in county 1201 UNIVERSAL SERVICE FUND Use for distance learning and telemedicine purposes 2010 UPPER OCONEE BASIN WATER AUTHORITY Creation 5123 UPSON COUNTY Board of commissioners; districts 3618 Garland T. Byrd Bridge; designated 916 Thomaston-Upson County Office Building Authority; powers 4446

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URBAN DEVELOPMENT Eminent domain for; setoff of tax liens or special assessment tax liens against condemnation awards 877 USED CAR DEALERS State Board of Registration of Used Car Dealers and State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers 1060 UTILITY CONTRACTORS Definitions; licensing; contract bids 383 Licensing 1 V VENDIE HUDSON HOOKS, SR., MEMORIAL HIGHWAY Designated 1190 VENUE Georgia Agricultural Exposition Authority; venue of actions 590 VERNONBURG, TOWN OF Community improvement districts 4931 Elections; terms 3942 VETERANS Ad valorem taxes; exemption for headquarters of veterans organization; referendum 965 Disabled veterans; free license plates 393 Employees' Retirement System of Georgia; creditable service; military service 1872 Georgia National Guard; retired members; motor vehicle license plates 1848 License plates for survivors of Pearl Harbor; minimum requirements 558 Spouses of deceased retired veterans; prestige plates 564 State commanders of nationally chartered veterans' organizations; prestige plates 413 World War II veterans; appreciation; monument study 1192 VICTIM COMPENSATION Payments to victims, providers, and dependents; criminally injurious conduct; maximum awards; counseling awards; additional penalty for juveniles 1800

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VIDALIA, CITY OF New charter 4096 VINES BOTANICAL GARDENS ENHANCEMENT AND DEVELOPMENT AUTHORITY OF GWINNETT COUNTY Creation 5091 VOTER REGISTRATION Compensation for soliciting persons to register to vote based upon number of persons registered; misdemeanor 1443 Felony offenses 1443 Revision to comply with National Voter Registration Act of 1993 1443 See also ELECTIONS VOTER REGISTRATION AGENCIES Revision to comply with National Voter Registration Act of 1993 1443 VOTERS See ELECTIONS W WAGES Unemployment benefits; overpayment; recovery when employee subsequently receives back wages 779 WALKER COUNTY Magistrate court; chief magistrate; compensation 4212 State court; judge; secretary; compensation 3726 State property easement 1988 WALTER KELLY, JR., BRIDGE Designated 921 WALTER LEWIS Compensation 1182 WALTHOURVILLE, CITY OF Joint Liberty County, City of Gum Branch, City of Midway, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority; creation 4826

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WALTON COUNTY Homestead exemption; county taxes; referendum 4924 Sheriff; vacancies 4560 Walton County Commission on Children and Youth; creation 4076 Walton County Water and Sewerage Authority; chairman; compensation 4675 WALTON COUNTY WATER AND SEWERAGE AUTHORITY Chairman; compensation 4675 WARD EDWARDS BRIDGE Designated 903 WARNER ROBINS, CITY OF Corporate limits; powers; duties; mayor; mayor pro tempore; city manager; referendum 3892 Homestead exemption; city taxes; senior citizens; referendum 3707 Mayor and council; powers; vacancies 3839 Warner Robins Buildings Authority; secretary; city clerk 3842 WARNER ROBINS BUILDING AUTHORITY Secretary; city clerk 3842 WARRANTS Deposit account fraud; checks, drafts, debit card sales drafts, and orders for payment; formerly issuance of bad check 1787 WARREN, HOWARD BO Howard Bo Warren Parkway; designated 375 WASHINGTON COUNTY Middle Judicial Circuit; judges; expenses 4888 WASTE See CONSERVATION AND NATURAL RESOURCES WATER Conservation plans; rules; when submission required 863

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Conservation task force 863 Drinking water revolving fund 555 Erosion and Sedimentation Act of 1975 amended; minimum requirements; permits; bonds; enforcement; penalties; exemptions 1650 Federal grants transferred to Georgia Environmental Facilities Authority 555 Liens for indebtedness for water supplied 1957 Suppliers; refusal to supply to residence because of indebtedness of prior owner, occupant, or lessee prohibited; liens 1957 WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS Tests; very small public water supply systems; certification; training; examinations 1927 WATERS OF THE STATE, PORTS, AND WATERCRAFT Boats; flotation devices; operation of personal watercraft by children; water skiing; reckless operation 680 Georgia Boat Safety Act; jurisdiction in probate courts 1163 Georgia Ports Authority; property; authority of certified peace officers 879 Water and wastewater treatment plant operators and laboratory analysts; tests; very small public water supply systems; certification; training 1927 WATSON, ROY H. (SONNY), JR. Museum of Aviation Foundation, Inc.; Roy H. (Sonny) Watson, Jr., Building; designation urged 1980 WAYCROSS, CITY OF Corporate limits 4533 WAYNE COUNTY Board of commissioners; districts; elections; terms 3520 Board of education; compensation; expenses 4473 Board of education; members; districts; terms; elections 3512 Howard Bo Warren Parkway; designated 375 WEAPONS Aggravated assault; redefined 1920 Carrying and possession; exemptions for certain persons 547 Forfeiture of weapons illegally possessed or carried; disposition; proceeds of sale if crime within city 963

Page CXCII

Juveniles 1012 License to carry a pistol or revolver; felony offenders 351 Redefined 543 WELFARE Initiative to Promote Work, Education, and Family Stability; earned income tax credit; value of vehicle owned by AFDC recipient; earnings of teenagers 765 Work for Welfare Program 765 See also SOCIAL SERVICES WHITE COUNTY White County Water and Sewerage Authority; membership 3720 WHITE COUNTY WATER AND SEWERAGE AUTHORITY Membership 3720 WHITFIELD COUNTY Board of commissioners; districts 4483 Board of education; districts; elections 4475 WILCOX COUNTY Cordele Judicial Circuit; judges; salary supplement 4920 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Administrator's oath; fiduciary's bond; property sale by temporary administrator 1173 Future interests descendible, devisable, and alienable as estates in possession 364 Remainders; inheritance 364 WINKLER, MR. CRAIG J. Compensation 1184 WINTERVILLE, CITY OF Mayor and council; vacancies; municipal court; establishment 3753 WITHHOLDING Exemption allowances changed 381

Page CXCIII

Income taxes; lottery prizes; state revenue commissioner to promulgate regulations 361 Periodic payments; election not to withhold; rules and regulations 595 WORK-SITE EMPLOYERS Defined; regulated as labor pools 1152 WORKERS' COMPENSATION Community service boards; coverage for employees 1717 Compensation increased 887 Managed health care providers; utilization review; quality assurance; peer review 887 Presumptions; penalties; hearings; review; employer's experience factor; change of physician; reinstatement and suspension of benefits 887 WORLD CONGRESS CENTER Geo. L. Smith II Georgia World Congress Center Authority 421 WORLD WAR II VETERANS Appreciation; monument study 1192 See also MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS WRIT OF POSSESSION Immediate issuance; when effective; appeal; payment of rent into court 1150 X Y YOUTH OPPORTUNITIES PROGRAM Georgia National Guard 655 Z

Page CXC

POPULATION POPULATION OF GEORGIA COUNTIES County 1990 1980 1970 1960 1950 1940 1930 Appling 15,744 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,213 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,566 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,615 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 39,530 34,686 34,240 34,064 29,706 24,190 22,878 Banks 10,308 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 29,721 21,354 16,859 14,485 13,115 13,064 12,401 Bartow 55,911 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,245 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 14,153 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 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 23,436 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. The U.S. Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.

Page CCII

POPULATION OF GEORGIA CITIES NUMERICALLY LISTED ACCORDING TO 1990 CENSUS Asterisk denotes census revision City Population, 1990 Atlanta 393,929* Columbus 178,681 Savannah 137,812* Macon 107,365* Albany 78,804* Roswell 47,986* Athens 45,734 Augusta 44,639 Marietta 44,129 Warner Robins 43,861* Valdosta 40,038* East Point 34,595* Smyrna 30,981 Rome 30,326 La Grange 25,574* Dalton 22,218* Hinesville 21,596* Griffin 21,347 College Park 20,645* Peachtree city 19,027 Gainesville 17,885 Milledgeville 17,727 Thomasville 17,554* Decatur 17,304* Lawrenceville 17,250* Forest Park 16,958* Americus 16,516 Brunswick 16,433 Waycross 16,410 Dublin 16,312 Carrollton 16,029 Statesboro 15,854 Moultrie 14,865 Tifton 14,215 Alpharetta 13,002 Newnan 12,497 Snellville 12,084 Cartersville 12,037* Douglasville 11,635 Vidalia 11,118* Cordele 10,836* Bainbridge 10,803* Douglas 10,464 Covington 9,860* Monroe 9,759 Riverdale 9,455* Perry 9,452 Lilburn 9,301 Thomaston 9,127 Cairo 9,035 Duluth 9,029 Jesup 8,958 Kennesaw 8,936 Fitzgerald 8,901* Union City 8,887* Buford 8,771 Toccoa 8,720* Fort Valley 8,198* St. Marys 8,187* Cedartown 7,978 Chamblee 7,668 Doraville 7,626 Garden City 7,410 Conyers 7,380 Winder 7,373 Swainsboro 7,361 Calhoun 7,135 Powder Springs 6,862* Thomson 6,862 Villa Rica 6,542 Stone Mountain 6,494 La Fayette 6,313 Sandersville 6,290 Sylvester 6,023* Norcross 5,947 Fort Oglethorpe 5,880 Fayetteville 5,827 Waynesboro 5,669* Blakely 5,595 Hapeville 5,483 Kingsland 5,474* Clarkston 5,385 Dawson 5,295 Quitman 5,292 Eastman 5,241* Morrow 5,168 Camilla 5,124* Adel 5,093 Summerville 5,025 Elberton 4,973* Ashburn 4,827 Canton 4,817 Nashville 4,782 Barnesville 4,747 Eatonton 4,737 Pooler 4,649*

Page CC

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 181,436 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 30,232 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 23,436* 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

Page CCIV

Sugar Hill 4,557 Hartwell 4,555 Acworth 4,519 Montezuma 4,506 Cochran 4,483 Lyons 4,478 Woodstock 4,361 Bremen 4,356 Washington 4,279 Forsyth 4,264 Hazlehurst 4,202 Austell 4,173 Commerce 4,108 Manchester 4,104 Jackson 4,076 Fairburn 4,013 Port Wentworth 4,012 Pelham 3,869 Bexley 3,810 Millen 3,808 Cuthbert 3,730 Metter 3,707 Glennville 3,676 Hawkinsville 3,671 Alma 3,663 Jonesboro 3,635 Rossville 3,601 Grovetown 3,596 West Point 3,571 Madison 3,483 Stockbridge 3,359 Rockmart 3,356 Blackshear 3,263 Centerville 3,251 Cornelia 3,219 Ocilla 3,182 Loganville 3,180 Auburn 3,139 Dahlonega 3,086 McRae 3,007 Rincon 2,993 Hogansville 2,976 Richmond Hill 2,934 McDonough 2,929 Greensboro 2,878 Sylvania 2,871 Chatsworth 2,865 Tybee Island 2,842 Cumming 2,828 Thunderbolt town 2,821 Dallas 2,810 Hephzibah 2,806 Tallapoosa 2,805 Soperton 2,797 Donalsonville 2,780 Jefferson 2,763 Social Circle 2,755 Lake 2,733 Tyrone town 2,724 Vienna 2,708 Hampton 2,694 Palmetto 2,612 Royston 2,563 Homerville 2,560 East Dublin town 2,524 Louisville 2,486 Reidsville 2,469 Gordon 2,468 Lakeland 2,467 Claxton 2,464 Lithonia 2,448 Wadley 2,416 Wrens 2,414 Suwanee 2,412 Holly Springs 2,406 Wrightsville 2,331 Monticello 2,289 Folkston 2,285 Byron 2,276 Dacula 2,217 Avondale Estates 2,209 Harlem 2,199 Warrenton 2,195 Gray 2,189 Chickamauga 2,165 Adairsville 2,131 Bloomingdale 2,075 Walthourville 2,024 Trenton 1,994 Colquitt 1,991 Oxford town 1,991 Bowdon 1,981 Mount Vernon 1,914 Temple 1,870 Lavonia 1,840 Darien 1,783 Jasper 1,772 Union Point 1,753 Ellaville 1,726 Pearson 1,714 Sparta 1,710 Locust Grove 1,681 Ringgold 1,675 Richland 1,675* Butler 1,673 Trion town 1,661 Cleveland 1,653 Lookout Mountain 1,636 Unadilla 1,620 Clayton 1,613 Watkinsville town 1,600 Tennille 1,552 Jeffersonville 1,545 Arlington 1,513 Rochelle 1,510 Pembroke 1,503 Lincolnton 1,476 Buena Vista 1,472 Twin 1,466 Oakwood town 1,464 Marshallville 1,457 Leesburg 1,452 Baldwin 1,439 Lumber 1,429 Woodbury town 1,429 Springfield 1,415 Boston 1,395 Hiram 1,389 Statham 1,360 Hahira 1,353 Blue Ridge 1,336 Oglethorpe 1,302 Ludowici 1,291 Porterdale town 1,278 Lumpkin 1,267* Helena town 1,256 Flowery Branch town 1,251 Fort Gaines 1,248 Willacoochee town 1,230* Reynolds town 1,229* Woodbine 1,214* Broxton 1,211 Sparks town 1,205 Emerson 1,201 Ellijay 1,184* Edison 1,182 Grantville 1,180 Greenville 1,167 Shellman 1,162 Clarkesville 1,151 Meigs 1,120 Sardis town 1,116 Cusseta 1,107 Demorest 1,088 Comer 1,079* Chester town 1,072 McCaysville 1,065 Milan town 1,056 Ivey town 1,053 Nahunta 1,049 Talbotton 1,046 Zebulon 1,035 Bogart town 1,018 Lula 1,018 Brooklet town 1,013 Buchanan 1,009 Nicholls 1,003 Homeland 981 Tunnel Hill 970 Senoia 956 Cave Spring 950 Pine Mountain town 949* Doerun 940* Roberta 939 Abbeville 919* Poulan 918* Georgetown town 914* Omega 912 Ball Ground 905 Aragon 902 Glenwood 881 Franklin 876 Winterville 876 Russell 871 Midway 863 Alamo 855 Euharlee town 850 Screven 819 Alapaha town 812 Pine Lake 810 Smithville 804 Berkeley Lake 791 Bowman 791 Hagan 787 Mountain town 784 Lenox town 783 Pavo 774 Waverly Hall town 769 Lovejoy 754 Riceboro 745 Homer town 742 Luthersville town 741 Guyton 740 Mount Zion 738* Canon 737 Maysville town 728 Plains 716 Norman Park 711 Tignall town 711 Newton 703 Leary 701 Franklin Springs 700* Waleska 700 Arcade 697 Crawford 694 Gibson 679 Rutledge 659 Alto town 651 Fairmount 643* Whitesburg town 643 Hoschton 642 Irwinton town 641 Patterson 626 Baconton 623 Midville 620 Toomsboro town 617 Kingston 616 Adrian 615 Stillmore town 615 Enigma town 611 Coolidge 610 Whigham 605 Young Harris 604 Ray 603 Flovilla 602 Bibb town 597 Allenhurst town 594 Pineview town 594 Ochlocknee town 588 Ailey 579 Ty Ty town 579 Crawfordville 577 Blairsville 564 Uvalda town 561 Ideal 554 Mountain Park 554 McIntyre town 552 Woodland 552 Dearing town 547 Hiawassee town 547 Mount Airy town 543 White town 542 Menlo 538 Morven 536 Nicholson 535 Cohutta town 529 Grayson 529 Collins 528 Portal town 522 Carnesville 514 Bronwood town 513 Iron town 503 Warwick 501 Lake Park 500 Lyerly town 493 Nelson 486 Berlin town 480 Danville town 480 Dexter town 475 Dawsonville town 467 Rhine town 466 Remerton 463 Waco 461 Cadwell town 458 Walnut Grove town 458 Hamilton 454 Byromville town 452 Leslie village 445 Colber 443 Hoboken 440 Molena 439 Arabi town 433 Dudley 430 Braselton town 418 Sycamore 417 Woodville 415 Harrison town 414 Resaca 410 Yatesville town 409 Davisboro 407 Warm Springs 407 Newborn town 404 Clermont town 402 Hilltonia 402 Odum town 388 Pinehurst 388 Preston 388 Barwick town 385 Attapulgus town 380 Cecil town 376 Moreland town 366 Rentz town 364 Varnell 358 Keysville town 350* Bethlehem town 348 East Ellijay 344* Linwood town 342 Mansfield town 341 Cobbtown 338 Denton 335 Sasser town 335 Pitts 334* Stapleton 330 Shiloh 329 Siloam town 329 Brooks town 328 Ephesus town 324 Sale town 324 Milner 321 Newington town 319 Danielsville 318 Eton 315 Chauncey town 312 Bowersville town 311 Bostwick town 307 Centralhatchee town 301 Tiger town 301 Blythe town 300 Helen 300 Pendergrass 298 Ila 297 Kite town 297 Morganton town 295 William town 295 Bartow town 292 Gumbranch 291 Damascus town 290 Climax 290* Ambrose 288 White Plains town 286 Carlton 282 Flemington 279 Andersonville village 277 Arnoldsville 275 Higgston town 274 Allentown town 273 Oak Park town 269 Taylorsville town 269 North High Shoals town 268 Lexington 265* Pulaski town 264 Carl town 263 De Soto village 258 Garfield town 255 Surrency town 253 Morgan 252 Meansville 250 Funston town 248 Roopville town 248 Braswell 247 Scotland 244 Martin town 243 Culloden 242 Oliver 242 Orchard Hill town 239 Brinson town 238 Norwood town 238 Oconee town 234 Plainville 231 Ellenton town 227 Sharpsburg town 224 Camak town 220 Avera 215 Sunny Side 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 192 Payne 192 Talmo town 189 Turin town 189 Sky Valley 187 Parrott town 183* Geneva town 182 Junction 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 156 Santa Claus 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 138 Dooling town 138* Coleman 137 Jakin town 137 Corinth town 136 Nunez town 135 Gay town 133 Tarrytown village 130 Jacksonville town 128 Aldora town 127 Manassas 123 Woolsey town 120 Montrose town 117 Omaha 116 Gillsville town 113 Deepstep town 111 Naylor town 111 Rayle town 107 Vidette 98* Sharon 94 The Rock town 88 Between town 82 Riddleville town 79 Riverside town 74 Weston town 74* Talking Rock town 62 Edge Hill 22

Page CCXIII

JUDICIAL CIRCUITS Atlanta Judicial Circuit County of Fulton 648,951 Stone Mountain Judicial Circuit County of DeKalb 546,171 Cobb Judicial Circuit County of Cobb 447,745 Gwinnett Judicial Circuit County of Gwinnett 352,910 Augusta Judicial Circuit Counties of Burke, Columbia, and Richmond 276,329 Chattahoochee Judicial Circuit Counties of Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor 233,756 Eastern Judicial Circuit County of Chatham 216,774 Coweta Judicial Circuit Counties of Carroll, Coweta, Heard, Meriwether, and Troup 211,846 Clayton Judicial Circuit County of Clayton 182,052 Macon Judicial Circuit Counties of Bibb, Crawford, and Peach 180,317 Southern Judicial Circuit Counties of Brooks, Colquitt, Echols, Lowndes, and Thomas 169,301 Griffin Judicial Circuit Counties of Spalding, Pike, Upson, and Fayette 153,396 Brunswick Judicial Circuit Counties of Appling, Camden, Glynn, Wayne, and Jeff Davis 142,795 Lookout Mountain Judicial Circuit Counties of Catoosa, Dade, Chattooga, and Walker 136,193 Blue Ridge Judicial Circuit Counties of Cherokee and Forsyth 134,287 Northeastern Judicial Circuit Counties of Hall, Dawson, Lumpkin, and White 104,863 Ocmulgee Judicial Circuit Counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson, and Hancock 126,671 Atlantic Judicial Circuit Counties of Bryan, Liberty, McIntosh, Tattnall, Evans, and Long 109,483 Waycross Judicial Circuit Counties of Pierce, Coffee, Charlton, Ware, Bacon, and Brantley 107,530 Western Judicial Circuit Counties of Clarke and Oconee 105,212 Flint Judicial Circuit Counties of Butts, Henry, Monroe, and Lamar 104,218 Conasauga Judicial Circuit Counties of Murray and Whitfield 98,609 Tallapoosa Judicial Circuit Counties of Haralson, Polk, and Paulding 97,392 Dougherty Judicial Circuit County of Dougherty 96,321 Cherokee Judicial Circuit Counties of Bartow and Gordon 90,978 Ogeechee Judicial Circuit Counties of Bulloch, Effingham, Jenkins, and Screven 90,901 Houston Judicial Circuit County of Houston 89,208 Middle Judicial Circuit Counties of Emanuel, Jefferson, Washington, Toombs, and Candler 88,882 Northern Judicial Circuit Counties of Elbert, Hart, Madison, Oglethorpe, and Franklin 86,128 Rome Judicial Circuit County of Floyd 81,251 Alcovy Judicial Circuit Counties of Newton and Walton 80,394 South Georgia Judicial Circuit Counties of Baker, Calhoun, Decatur, Grady, and Mitchell 74,699 Tifton Judicial Circuit Counties of Tift, Irwin, Worth, and Turner 72,094 Douglas Judicial Circuit County of Douglas 71,120 Southwestern Judicial Circuit Counties of Lee, Macon, Schley, Stewart, Sumter, and Webster 71,099 Piedmont Judicial Circuit Counties of Barrow, Jackson, and Banks 70,034 Dublin Judicial Circuit Counties of Laurens, Johnson, Twiggs, and Treutlen 64,117 Mountain Judicial Circuit Counties of Habersham, Rabun, and Stephens 62,521 Oconee Judicial Circuit Counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, and Wheeler 59,427 Rockdale Judicial Circuit County of Rockdale 54,091 Cordele Judicial Circuit Counties of Dooly, Wilcox, Crisp, and Ben Hill 53,165 Pataula Judicial Circuit Counties of Clay, Early, Miller, Quitman, Randolph, Terrell, and Seminole 51,394 Toombs Judicial Circuit Counties of Glascock, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes 48,508 Enotah Judicial Circuit Counties of Lumpkin, Towns, Union, and White 46,326 Alapaha Judicial Circuit Counties of Atkinson, Berrien, Clinch, Cook and Lanier 45,513 Appalachian Judicial Circuit Counties of Fannin, Gilmer, and Pickens 43,792

Page CCXVI

MEMBERS OF THE GENERAL ASSEMBLY 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 Montoe 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 CCXVIII

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES 1994 SESSION District Senator Address 38 Ralph Abernathy III Suite 325, 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 1385, Brunswick, 31521-1395 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 1895 Highway 20 South, Ste. 240, 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 St., N.E., 24th Floor, Atlanta, 30309-3996 54 Stephen B. Farrow P. O. Box 2666, Dalton, 30722 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 45 Arthur C. Guhl P. O. Box 424, Social Circle, 30279 15 Ed Harbison P. O. Box 1292, Columbus, 31902 49 Jane Hemmer P. O. Box 907306 Gainesville, 30501-0906 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 30 Perry J. McGuire 6063 Camelia Drive, Douglasville, 30135 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 Av., Decatur 30030 43 John Parrish P. O. Box 370193, Decatur, 30037 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 P.O. Box 1282, Augusta, 30903-1282

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES 1994 SESSION 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 1385, Brunswick, 31521-1395 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 1895 Highway 20 South, Ste. 240, 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 P. O. Box 1282, Augusta, 30903-1282 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 Perry J. McGuire 6063 Camelia Drive, Douglasville, 30135 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 325, 18 Capitol Sq., Atlanta, 30334 39 Ronald D. Slotin P. O. Box 14614, Atlanta, 30324 40 Mike Egan 999 Peachtree St., N.E., 24th Floor, Atlanta, 30309-3996 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta, 30319 42 Mary Margaret Oliver Ste 480, 150 E Ponce de Leon Av., Decatur, 30030 43 John Parrish P. O. Box 370193, Decatur, 30037 44 Terrell Starr P. O. Box 545, Forest Park, 30051 45 Arthur C. Guhl P. O. Box 424, Social Circle, 30279 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 P. O. Box 907306, Gainesville, 30501-0906 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 CCXXIII

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 107 137 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 CCXXV

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES WITH DISTRICTS AND ADDRESSES 1994 SESSION District Representative Address 46 Kathy Ashe 82 Westminster Drive, N.E., Atlanta, 30309 29 William A. Atkins 510 Concord Road, 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 312 Emily Drive, 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 Post Office Box 5077, Atlanta, 30302 123 Kenneth W. Birdsong Route One Box 1360, 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 2037, Newnan, 30264 54 Tyrone Brooks Station A, Post Office 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 P. O. Box 711, 808 River Road, Nashville, 31639 35 Tom Cauthorn Post Office Box 3067, Marietta, 30061-3067 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 4560 Ponte Vedra Drive, Marietta, 30067 80 Brooks P. Coleman, Jr. 3919 Hillside Drive, 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 Post Office Box 1932, Bainbridge, 31717 129 Robert M. Crawford Post Office Box 700, Zebulon, 30292 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 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 18 Capitol Square, LOB, Ste 417, Atlanta, 30334 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, Jonesboro, 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 45 Bob Irvin 133 Peachtree St., NE, Suite 2300 Atlanta, 30303 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 Post Office Box 361360, Decatur, 30036-1360 1 Brian Joyce 762 Paynes Chapel 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 288 Lawrence Street, Marietta, 30060 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 18 Capitol Square, LOB, Suite 408, Atlanta, 30334 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 2594 Saratoga Drive, Macon, 31211 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 3721 Tanners Mill, Gainesville, 30507 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 3010 1/2 Peach Orchard 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, 31402 11 Tim Perry Route 1, Box 424-A, Trion, 30753 15 Garland Pinholster 1335 Flatbottom Road, Ball Ground, 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. P. O. Box 988, 106 Nance Lane, Ringgold, 30736 23 Alan T. Powell Post Office Box 248, Hartwell, 30643 147 Ann R. Purcell P. O. Box 1295, 410 Willowpeg Way, Rincon, 31326-1295 9 Benjamin Purcell Route Three, Box 3049, Clarkesville, 30523 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 290, Quitman, 31643 126 Robert A. B. Reichert Post Office Box 6497 Macon, 31208 162 Lawrence R. Roberts 1117 East Clerk 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 P. O. Box 1508, 3887 Jim Owens Road, 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 P. O. Box 488, 410 W. Lamar Street, 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 127 F. Street, Suite Two, 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 6255 E. Alabama Road, Ste. A., Woodstock, 30188-3872 50 LaNett Stanley 712 Gary Road, N.W., Atlanta, 30318 49 Pamela A. Stanley 706 Foundry Street, N.W., Atlanta, 30314 25 Tommy Stephenson 122 North Bowden Street, 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 1107 Pine Tree Trail, College Park, 30349 61 Doug Teper 2517 Ellijay Drive, Atlanta, 30319 100 Charles Thomas, Jr. Post Office Box 686, Temple, 30179 173 E. C. Tillman 1910 Kay Avenue, Brunswick, 31520 180 Theo Titus III RFD 1, Box 441, Thomasville, 31792 30 Matt A. Towery 4540 Frederick Drive, Atlanta, 30336 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 635 North Glynn Street, 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

Page CCXXXI

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS IN NUMERICAL ORDER WITH ADDRESSES 1994 SESSION District Representative Address 1 Brian Joyce 762 Paynes Chapel Road, Lookout Mountain, 30750 2 Michael M. Snow Route Two, Box 1595, Chickamauga, 30707 3 McCracken Poston, Jr. P. O. Box 988, 106 Nance Lane, 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 Benjamin Purcell Route Three, Box 3049, Clarkesville, 30523 10 Tom E. Shanahan Post Office Box 1298, Calhoun, 30703 11 Tim Perry Route 1, Box 424-A,, 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 1335 Flatbottom Road, Ball Ground, 30107 16 Steve Stancil 6255 E. Alabama Road, Ste. A., Woodstock, 30188-3872 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 3721 Tanners Mill, Gainesville, 30507 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 122 North Bowden Street, 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 510 Concord Road, Smyrna, 30082 30 Matt A. Towery 4540 Frederick Drive, Atlanta, 30336 31 Lynda Coker 4560 Ponte Vedra Drive, Marietta, 30067 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 Post Office Box 3067, Marietta, 30061-3067 36 Earl Ehrhart 4725 Bradford Lane, Powder Springs, 30073 37 Mitchell Kaye 2137 Spindrift Court, Marietta, 30062 38 Kemmel W. Shipp P. O. Box 1508, 3887 Jim Owens Road, Kennesaw, 30144 39 Kip Klein 288 Lawrence Street, Marietta, 30060 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 45 Bob Irvin 133 Peachtree St., NE, Suite 2300, Atlanta, 30303 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, Post Office 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 1107 Pine Tree Trail, College Park, 30349 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 2517 Ellijay Drive, 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 18 Capitol Square, LOB, Suite 408, Atlanta, 30334 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, Decatur, 30034 71 Vernon Jones Post Office Box 361360, Decatur, 30036-1360 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 312 Emily Drive, 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. 3919 Hillside Drive, 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. 983 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

Page CCXXXVII

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 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 1993 20 3 3 14 TOTALS 1395 46 97 1252

Page CCXXXVIII

REFERENDUM ELECTION RESULTS Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion charter 3/21/53 For: 55 Agn: 30 Chatham 2538 Homestead exemption; school taxes Not held DeKalb 3249 Board of commissioners; creation 5/13/53 For: 4445 Agn: 8483 Franklin 3030 County Commissioner and board of finance 11/2/54 For: 1152 Agn: 565 Gilmer 3103 City of Ellijay; corporate limits 6/1/53 For: 69 Agn: 151 Gilmer 588 City of Ellijay 6/1/53 For: 69 Agn: 151 Gwinnett 3187 City of Lawrenceville; city manager 6/27/53 For: 55 Agn: 61 Irwin 2495 Tax Commissioner; creation of office 11/2/54 For: 568 Agn: 694 Mitchell 2577 City of Camilla; treasurer Not held Murray 2458 Town of Spring Place; alley closing 5/19/53 For: 36 Agn: 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner; compensation 4/21/53 For: 553 Agn: 261 Troup 2276 City of West Point; corporate limits 4/1/53 For: 250 Agn: 112 Whitfield 2128 City Court of Dalton 3/26/53 For: 210 Agn: 2613

Page CCXXXIX

Georgia Laws 1953, November/December session : County Page No. SUBJECT Date of Election Result Burke 2049 Board of commissioners; county employees' pension fund 9/8/54 For: 1833 Agn: 648 Cherokee 2668 Certain County Officers; compensation 11/2/54 For: 913 Agn: 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro; corporate limits 12/9/53 For: 64 Agn: 229 Clayton 2064 City of Lake Tara; charter repeal Election Results Not Known Coweta 2040 City of Newnan; corporate limits 2/6/54 For: 1406 Agn: 603 Crisp 2407 City of Cordele; corporate limits 10/5/54 City vote : For: 202 Agn: 132 County vote : For: 23 Agn: 252 Decatur 2197 City of West Bainbridge; incorporation 1/11/54 For: 200 Agn: 527 DeKalb 2578 City of Decatur; tax rate 10/21/54 For: 466 Agn: 827 Early 2282 City of Blakely; corporate limits 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 Commissioner 3/23/54 For: 1637 Agn: 1807 Habersham 2745 City of Clarkesville; new charter 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; corporate limits Election Results Not Known Richmond 2476 City of Augusta; corporate limits 11/17/54 For: 259 Agn: 189 Sumter 2972 City of Americus; tax rate 1/12/54 For: 382 Agn: 431 Troup 2858 City of West Point; corporate limits 1/27/54 City vote : For: 140 Agn: 6 Outside city vote : For: 65 Agn: 53 Twiggs 2570 County Commissioner 11/2/54 For: 161 Agn: 626

Page CCXLI

Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 Board of commissioners 4/20/55 For: 1079 Agn: 716 Clarke 3057 City of Athens/Clarke County;school 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; corporate limits 5/14/55 For: 46 Agn: 13 DeKalb 2806 Form of government 5/18/55 (1) Single Com. For: 750 Multiple Com. For: 5013 (2) Co. Exec. For: 2728 Co. Manager For: 2733 Elbert 2117 City Court of Elberton 3/7/56 For: 4471 Agn: 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville; corporate limits 3/19/55 For: 25 Agn: 89 Hall 3038 Tax Commissioner; creation of office 11/28/55 For: 2163 Agn: 775 Hall 2627 Certain County Officers; compensation 11/28/55 For: 2144 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; water, light, and and commission 5/10/55 For: 582 Agn: 1327 Lumpkin 2892 County Commissioner 4/13/55 For: 337 Agn: 109 Rockdale 2428 Certain County Officers; compensation 4/16/55 For: 610 Agn: 877 Tift 2344 City of Tifton; commissioners 4/27/55 For: 764 Agn: 270 Wayne 2858 City of Jesup 4/27/55 For: 383 Agn: 206

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Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 Board of commissioners; districts; elections 4/3/56 For: 1394 Agn: 1385 Baldwin (1 of 2) 2865 City of Milledgeville; corporate limits 7/18/56 For: 107 Agn: 58 Baldwin (1 of 2) 2865 City of Milledgeville; corporate limits 10/15/56 For: 463 Agn: 243 Baldwin 3003 City of Milledgeville; corporate limits 7/18/56 For: 12 Agn: 51 Banks 2056 Sheriff; compensation 3/14/56 For: 1054 Agn: 1378 Barrow 3100 City of Winder; corporate limits 5/4/56 For: 13 Agn: 103 Carroll 2797 City Court of Carrollton 11/6/56 For: 1305 Agn: 2344 Carroll 2877 City of Whitesburg; police court Election Results Not Known Chattooga 2899 County Commissioner 9/12/56 For: 2142 Agn: 1167 Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton (1 of 2) 2040 City of Forest Park Election Results Not Known Clayton 2518 City of Mountain View; incorporation 3/24/56 For: 341 Agn: 44 Clayton Fulton 2744 City of College Park; corporate limits 4/28/56 For: 28 Agn: 22 Colquitt 2399 Certain County Officers; compensation 2/28/56 For: 3864 Agn: 2411 Colquitt 2403 Tax Commissioner; creation of office 2/28/56 For: 3939 Agn: 2540 Colquitt 2830 City of Moultrie 10/1/56 * * City Vote West Moultrie Area: For: 1986; Agn: 169 [UNK] City vote: Colonial Heights Area: For: 2002; Agn: 159 Crestwood Gardens Area: For: 2005; Agn: 167 East Moultrie Area: For: 2004; Agn: 165 Tifton Highway Area: For: 1989; Agn: 173 Sylvester Drive Area: For: 1976; Agn: 175 Area 1-West Moultrie Area: For: 99; Agn: 57 [UNK] Area vote: Area 2-Colonial Heights Area: For: 145; Agn: 83 Area 3-Crestwood Gardens Area: For: 27; Agn: 87 Area 4-East Moultrie Area: For: 41; Agn: 147 Area 5-Tifton Highway Area: For: 29; Agn: 107 Area 6-Sylvester Drive Area: For: 78; Agn: 144 DeKalb 2932 City Court of Decatur 5/16/56 For: 12520 Agn: 5846 DeKalb (1 of 2) 3237 Multiple commission form of government 5/16/56 For: 18393 Agn: 2001 DeKalb (1 of 2) 3237 Chairman and board of commissioners 5/16/56 For: (a)4743 For: (b)15300 Fayette 2022 Tax Commissioner; creation of office 2/25/56 For: 292 Agn: 37 Glascock 3507 Sheriff; compensation 3/14/56 For: 498 Agn: 227 Gwinnett 2502 Tax Commissioner 11/6/56 For: 3383 Agn: 1641 Hall 3166 City of Lula; charter 3/27/56 Belton vote : For: 64 Agn: 2 Lula vote : For: 35 Agn: 3 Houston 2510 City of Warner Robins 5/8/56 For: 215 Agn: 30 Jackson 2887 City Court of Jefferson 9/12/56 For: 972 Agn: 1556 Laurens 3267 City of Dublin; elections Not held Miller 2799 Voting machines 9/12/56 For: 231 Agn: 580 Murray 3476 City of Chatsworth; corporate limits 8/25/56 For: 77 Agn: 109 Muscogee 2386 City of Columbus; corporate limits 9/12/56 City vote : For: 6179 Agn: 2356 Outside city vote : For: 516 Agn: 2070 Newton 2507 City of Covington; corporate limits 5/1/56 For: 109 Agn: 90 Richmond 2406 City of Augusta; land conveyance 4/18/56 For: 7769 Agn: 3734 Spalding 2412 City of Griffin; corporate limits 4/17/56 City vote : For: 948 Agn: 595 Affected area : For: 365 Agn: 400 Thomas 3159 Certain County Officers; compensation 4/24/56 For: 902 Agn: 939 Thomas 3510 Tax Commissioner; creation of office 4/24/56 For: 876 Agn: 957 Troup 2827 City of Hogansville; corporate limits 7/18/56 City vote : For: 216 Agn: 117 Outside city vote : For: 41, Agn: 159 Troup 3078 City of Hogansville; corporate limits 7/18/56 For: 257 Agn: 276 Troup 3423 City of North West Point; incorporation 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

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Georgia Laws 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville; school board 3/12/57 For: 1010 Agn: 314 Bulloch 2877 City of Statesboro; corporate limits 7/26/57 Area 1 : For: 312 Agn: 14 Area 2 : For: 312; Agn: 14 Area 3 : For: 313 Agn: 13 Chatham 2003 City of Port Wentworth; charter 3/20/57 For: 422 Agn: 128 Clarke 2033 City of Athens 2/27/57 For: 617 Agn: 2112 Clarke 2036 City of Athens; recorder 2/27/57 For: 714 Agn: 2047 Cobb 3020 City of Acworth; new charter 5/4/57 For: 73 Agn: 181 Coffee 2833 City of Douglas 5/29/57 For: 485 Agn: 99 Colquitt 2205 City of Moultrie; corporate limits 3/11/57 For: 25 Agn: 53 Cook 3253 Board of commissioners; elections; districts 5/8/57 For: 227 Agn: 364 Dougherty 2595 City of Albany 5/20/57 For: 325 Agn: 720 Douglas 2358 City of Douglasville; corporate limits 5/3/57 City vote : For: 50 Agn: 53 Affected area : For: 2; Agn: 164 Emanuel 3317 City of Swainsboro; corporate limits 10/14/57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville; corporate limits 3/23/57 For: 27 Agn: 4 Hancock 2341 City of Sparta; tax rate Not held Henry 2121 Board of commissioners; elections 4/6/57 For: 784 Agn: 924 Miller 2194 Board of commissioners 4/2/57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper; corporate limits 4/17/57 City vote : For: 78 Agn: 12 Outside city vote : For: 15 Agn: 213 Pickens 2400 Town of Jasper; council 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 For: 115 Agn: 266 Spalding 2809 City of Griffin 4/30/57 For: 552 Agn: 317 Twiggs 3002 Board of commissioners; elections 5/22/57 For: 156 Agn: 174 Walker 2419 Town of Linwood 4/27/57 For: 71 Agn: 29 Wilkinson 2383 Town of McIntyre 5/25/57 For: 49 Agn: 18

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Georgia Laws 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma; corporate limits 7/2/58 For: 206 Agn: 197 Baldwin 3302 Board of commissioners; terms; chairman 11/4/58 For: 932 Agn: 717 Barrow 2338 City of Winder; city manager 6/4/58 For: 131 Agn: 229 Bartow 2683 Tax Commissioner; creation of office 9/10/58 For: 3590 Agn: 1254 Bartow 2866 Certain County Officers; compensation 9/10/58 For: 3462 Agn: 1356 Brooks 2859 City of Quitman; commissioners 5/27/58 For: 173 Agn: 74 Chatham 2617 Town of Thunderbolt; recorder's court 1/20/59 For: 291 Agn: 115 Chatham 3337 City of Savannah 5/27/58 For: 4024 Agn: 2283 Chattahoochee 2554 Sheriff; compensation 11/4/58 For: 55 Agn: 30 Cherokee 2437 City of Canton; corporate limits 5/7/58 For: 119 Agn: 483 Cherokee 2661 City of Canton; wards 5/7/58 For: 223 Agn: 37 Clayton 3022 City of Mountain View; charter repeal Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5/19/58 For: 2 Agn: 0 Clayton Fulton 2363 City of College Park 5/14/58 For: 10 Agn: 0 Clayton Fulton 2721 City of College Park 6/3/58 For: 738 Agn: 340 Clayton Fulton 2453 City of College Park 5/19/58 For: 2 Agn: 0 Clayton Fulton 2854 City of College Park 5/14/58 For: 0 Agn: 0 Clayton Fulton 3212 City of East Point 7/16/58 For: 63 Agn: 28 Colquitt 2441 City of Moultrie; corporate limits 7/14/58 (Area 6) For: 53 Agn: 1 7/21/58 (Area 7) For: 110 Agn: 79 7/28/58 (Area 8) For: 31 Agn: 27 DeKalb 3318 City of Chamblee; corporate limits 5/10/58 City area vote : For: 41 Agn: 1 Affected area : For: 91 Agn: 41 Dodge 2207 Board of commissioners; creation 3/18/58 For: 571 Agn: 2997 Early 2829 City of Blakely; corporate limits 8/12/58 For: 59 Agn: 96 Emanuel 3143 City of Swainsboro; corporate limits 10/13/58 Parcel #1/City vote : For: 227 Agn: 15 Outside city : For: 143 Agn: 54 Parcel #2/City vote : For: 229 Agn: 15 Outside city : For: 39 Agn: 40 Parcel #3/City vote : For: 230 Agn: 14 Outside city : For: 24 Agn: 28 Fannin 3353 City of Blue Ridge 5/17/58 For: 162 Agn: 282 Franklin 2644 City of Carnesville; corporate limits 4/22/58 For: 33 Agn: 21 Gordon 2131 City of Calhoun 3/26/58 City vote : For: 234 Agn: 75 County vote : For: 203 Agn: 256 Hall 2279 City of Gainesville; commissioners 4/1/58 For: 925 Agn: 169 Haralson 2820 City of Bremen; education tax Not Held Henry 3127 Certain County Officers; compensation 5/21/58 For: 346 Agn: 206 Henry 3132 City of Stockbridge; corporate limits 4/30/58 City vote : For: 61 Agn: 75 Outside City : For: 16 Agn: 116 Henry 3198 City of Hampton; corporate limits 4/30/58 City vote : For: 92 Agn: 3 Outside City : For: 37 Agn: 9 Henry 3367 City of McDonough; corporate limits Election Results Not Known Jasper 2921 City of Monticello; corporate limits 6/3/58 City vote : For: 147 Agn: 107 Outside City : For: 15 Agn: 50 Jeff Davis 3288 Board of commissioners; creation 4/19/58 For: 1025 Agn: 901 Lowndes 2624 City of Valdosta; city manager 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; charter repeal 9/10/58 For: 7 Agn: 57 Pulaski 2826 Tax Commissioner; creation of office 11/4/58 For: 222 Agn: 235 Putnam 2980 City of Eatonton 6/11/58 For: 42 Agn: 257 Tift 2696 City of Tifton (two elections held) 4/30/58 City vote : For: 669 Agn: 43 Outside City : For: 333 Agn: 286 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 Board of commissioners; election 11/4/58 For: 749 Agn: 98 White 3224 Board of commissioners; creation Not held

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Georgia Laws 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville; corporate limits 4/29/59 For: 79 Agn: 154 Bartow 2793 City of Cartersville; corporate limits 4/29/59 For: 3 Agn: 21 Bartow 2797 City of Adairsville; corporate limits 5/12/59 For: 77 Agn: 120 Bartow 2907 City of White(Sec. 2) (two elections held) 5/16/59 County Election, Sec. 2 : For: 7; Agn: 36 City Election : For: 27 Agn: 45 Bartow 2920 City of Kingston; new charter 5/16/59 For: 49 Agn: 2 Catoosa 2161 Board of commissioners; creation 3/28/59 For: 718 Agn: 2430 Chattooga 2809 City of Summerville; new charter 5/23/59 For: 160 Agn: 462 Cherokee 2494 Certain County Officers; compensation 4/4/59 For: 1522 Agn: 509 Clayton Fulton 2499 City of College Park; corporate limits 5/18/59 For: 14 Agn: 38 Clayton Fulton 2508 City of College Park; corporate limits 5/18/59 For: 0 Agn: 0 Clayton Fulton 2516 City of College Park; corporate limits 5/18/59 For: 5 Agn: 0 Clayton Fulton 2521 City of College Park; corporate limits 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; tax rate 5/25/59 For: 50 Agn: 81 Dougherty 2091 Board of commissioners; membership 4/12/60 For: 755 Agn: 417 Dougherty 3064 City of Albany; corporate limits; wards 6/8/59 For: 1413 Agn: 710 Douglas 2871 City of Lithia Springs; incorporation 4/8/59 For: 241 Agn: 569 Elbert 2627 Board of commissioners; compensation 4/8/59 For: 804 Agn: 436 Elbert 2621 Tax Commissioner; compensation 4/8/59 For: 1041 Agn: 203 Elbert 2624 Certain County Officers; compensation 4/8/59 For: 1014 Agn: 228 Emanuel 2592 City of Twin City 5/4/59 For: 200 Agn: 162 Gwinnett 3161 City of Dacula new charter 5/9/59 For: 82 Agn: 45 Habersham 2178 City of Cornelia 4/13/59 For: 102 Agn: 91 McDuffie 2568 Certain County Officers; compensation 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 : For: 387 Agn: 75 County vote : For: 86 Agn: 291 Polk 2732 Certain County Officers; compensation 3/16/60 For: 4388 Agn: 1624 Toombs 2010 Board of commissioners; creation 4/8/59 For: 1510 Agn: 827 Turner 2575 Board of commissioners; membership Not Held Union 2053 Board of Commissioners; creation 3/17/59 For: 810 Agn: 1629

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Georgia Laws 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 Board of Commissioners 9/14/60 For: 1197 Agn: 767 Berrien 3301 City of Nashville 11/8/60 For: 466 Agn: 418 Bibb 3223 Macon Bibb County; creation 6/1/60 City vote : For: 4598 Agn: 4288 Outside City vote : For: 1902 Agn: 7368 Payne City vote : For: 37 Agn: 55 Chatham 2273 Town of Thunderbolt; mayor and aldermen; terms 1/17/61 For: 151 Agn: 283 Chattooga 2715 Town of Trion; corporate limits 5/5/60 For: 53 Agn: 25 Clarke 2234 City of Athens; mayor and aldermen; terms 4/13/60 For: 276 Agn: 522 Cobb 2127 City of Smyrna; city manager; mayor Election Results Not Known Coweta 3020 City of Newnan; city manager; form of government 4/30/60 For: 320 Agn: 146 Douglas Cobb 2118 City of Austell; corporate limits 3/26/60 For: 27 Agn: 38 Dodge 2608 Town of Rhine; mayor and council; terms 4/27/60 For: 146 Agn: 4 DeKalb 3158 City of Decatur; commissioners; terms Election Results Not Known Emanuel 2360 Board of commissioners; terms 11/8/60 For: 877 Agn: 2080 Evans 2251 City of Claxton; corporate limits 5/5/60 Proposed Area : For: 32 Agn: 62 Within City vote : For: 379 Agn: 107 Franklin 2143 County Commissioner Advisory Board 3/9/60 For: 2296 Agn: 1038 Fulton Clayton 2849 City of College Park; corporate limits 5/14/60 For: 6 Agn: 0 Fulton Clayton 2854 City of College Park; corporate limits 5/16/60 For: 21 Agn: 15 Greene 3089 Tax Commissioner; compensation 4/28/60 For: 801 Agn: 823 Greene 3093 Certain County Officers; compensation 4/28/60 For: 822 Agn: 835 Henry 3297 City of McDonough; corporate limits 5/18/60 Inside City vote : For: 61 Agn: 35 Outside City vote : For: 41 Agn: 83 Houston 2605 Tax Commissioner; compensation 11/8/60 For: 4059 Agn: 959 Jefferson 2913 Town of Avera; mayor and council Election Results Not Known Lamar 2294 Certain County Officers; compensation 5/11/60 For: 131 Agn: 193 Liberty 2237 Board of commissioners 3/30/60 For: 1096 Agn: 573 Lowndes 3125 City of Valdosta; corporate limits 4/15/60 For: 87 Agn: 656 McIntosh 2888 Clerk Superior Court; compensation Election Results Not Known McIntosh 2893 Sheriff; compensation Election Results Not Known McIntosh 2899 Tax Commissioner; compensation Election Results Not Known McIntosh 2904 Ordinary; compensation Election Results Not Known Mitchell 2301 City of Camilla; corporate limits 4/27/60 City of Camilla For: 45 Agn: 15 Mitchell County For: 8; Agn: 1 Morgan 2518 Certain County Officers; compensation 3/15/60 For: 1894 Agn: 332 Murray 3180 City of Spring Place; ad valorem taxes Not Held Polk 2111 City of Cedartown; corporate limits 3/22/60 For: 74 Agn: 50 Pulaski 2991 Clerk of the superior court; compensation 9/14/60 For: 798 Agn: 962 Pulaski 2995 Tax collector; compensation 9/14/60 For: 803 Agn: 952 Pulaski 2998 Ordinary; compensation 9/14/60 For: 805 Agn: 949 Pulaski 3001 Sheriff; compensation 9/14/60 For: 810 Agn: 953 Pulaski 3009 Tax receiver; compensation 9/14/60 For: 777 Agn: 952 Rabun 2417 City of Clayton; new charter 5/25/60 For: 46 Agn: 160 Rockdale 2028 City of Conyers; commission form of government 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 Officers; compensation 3/9/60 For: 3092 Agn: 918 Walton 2063 Board of commissioners; compensation 3/9/60 For: 2748 Agn: 1117 Walton 2067 Tax Commissioner; compensation 3/9/60 For: 3181 Agn: 900 Wayne 2202 Board of commissioners; compensation 3/4/60 For: 458 Agn: 1672 Whitfield 2003 County commissioners; compensation 3/2/60 For: 955 Agn: 1042 Whitfield 2007 Certain county officers; compensaton 3/2/60 For: 1272 Agn: 746 Whitfield 2019 Tax Commissioner; creation 3/2/60 For: 1227 Agn: 806

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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; corporate limits 6/10/61 For: 6 Agn: 44 Bartow 3382 City of Cartersville; corporate limits 6/10/61 For: 29 Agn: 20 Bartow 3469 City of Cartersville; corporate limits 6/10/61 For: 205 Agn: 159 Bibb 2441 City of Macon; corporate limits 5/24/61 City vote : For: 1560 Agn: 445 Outside City vote : For: 12269 Agn: 9037 Carroll 3118 City of Carrollton; mayor and council 5/20/61 For: 267 Agn: 764 Chatham 2969 City of Savannah; corporate limits 5/10/61 City of Savannah : For: 9176 Agn: 1679 Zone No. 1 : For: 886 Agn: 759 Zone No. 2 : For: 123 Agn: 227 Chatham 3072 Civil Service System of Chatham County 4/20/61 For: 137 Agn: 144 Chattooga 2658 City of Summerville; new charter 5/27/61 For: 338 Agn: 241 Colquitt 3041 City of Moultrie; tax rate Not held Early 2245 City of Blakely; corporate limits 6/13/61 For: 61 Agn: 56 Early 2260 City of Blakely; corporate limits 6/14/61 For: 35 Agn: 56 Forsyth 2252 City of Cumming; corporate limits 4/1/61 City vote : For: 108 Agn: 26 Outside City vote : For: 41 Agn: 142 Gwinnett 2583 City of Norcross; corporate limits 5/20/61 City vote : For: 45 Agn: 25 Outside City vote : For: 21 Agn: 43 Gwinnett 3156 City of Suwanee; new charter 4/29/61 For: 56 Agn: 15 Laurens 2598 City of Dublin; city manager 8/2/61 For: 1077 Agn: 463 Meriwether 2760 City of Manchester; corporate limits 5/3/61 For: 614 Agn: 322 Meriwether 3058 Board of Commissioners; districts 5/31/61 For: 860 Agn: 320 Meriwether 3223 County Treasurer; abolistion of office 5/31/61 For: 680 Agn: 493 Meriwether 3416 Tax Commissioner; compensation 5/31/61 For: 940 Agn: 243 Meriwether 3456 Certain County Officers; compensation 5/31/61 For: 938 Agn: 254 Monroe 2994 City of Forsyth; mayor; water lines 10/4/61 For: 668 Agn: 245 Murray 3403 City of Spring Place; ad valorem taxes 6/24/61 For: 24 Agn: 19 Pike 2704 City of Zebulon; new charter 5/6/61 For: 52 Agn: 1 Polk 2931 City of Rockmart; corporate limits 12/2/61 See below * * Result: City of Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus; new charter 5/9/61 For: 331 Agn: 954 Troup 2650 City of West Point; mayor and aldermen; elections 4/26/61 For: 143 Agn: 224

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Georgia Laws 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill; incorporation 4/4/62 For: 153 Agn: 119 Chatham 2707 Town of Pooler; tax rate 4/26/62 For: 110 Agn: 114 Clarke 2677 City of Athens; corporate limits; wards 5/23/62 For: 643 Agn: 521 Clarke 2751 City of Athens; public transportation system 4/25/62 For: 1228 Agn: 1361 Clayton Fulton 2592 City of College Park; corporate limits 5/5/62 For: 32 Agn: 37 Clayton Fulton 2599 City of College Park; mayor and council; elections 6/1/62 For: 214 Agn: 1061 Clayton Fulton 3084 City of College Park; corporate limits 5/26/62 For: 4 Agn: 160 Columbia 2713 City of Martinez; incorporation 9/12/62 For: 85 Agn: 573 Emanuel 2359 Board of commissioners; districts; elections; terms 11/6/62 For: 450 Agn: 484 Fulton 2473 City of East Point; corporate limits 5/9/62 For: 1 Agn: 3 Fulton 2854 City of East Point; corporate limits 5/9/62 For: 1 Agn: 6 Fulton 2861 City of East Point; corporate limits 5/9/62 For: 6 Agn: 31 Fulton 3130 City of East Point; corporate limits 5/9/62 For: 25 Agn: 22 Gwinnett 2364 Pinball machines 11/6/62 For: 1737 Agn: 638 Henry 2403 Town of Locust Grove; corporate limits 4/25/62 For: 20 Agn: 27 Jackson 2620 City of Jefferson; corporate limits Not held Jackson 2624 City of Commerce; corporate limits 12/5/62 Inside City : For: 385 Agn: 108 Outside City : For: 58 Agn: 237 Laurens 2528 Town of Dudley; name changed to City of Dudley; mayor 3/28/62 For: 29 Agn: 4 Laurens 3052 County Treasurer; abolition of office Not Held Meriwether 2244 City of Manchester; commissioners 3/28/62 For: 234 Agn: 66 Meriwether 2396 City of Manchester; insurance for employees 3/28/62 For: 251 Agn: 47 Meriwether 2422 City of Manchester; board of commissioners; chairman 3/28/62 For: 224 Agn: 67 Meriwether 2603 City of Manchester; corporate limits 3/28/62 For: 231 Agn: 76 Meriwether 2613 City of Manchester; mayor and council; meetings 3/28/62 For: 227 Agn: 57 Mitchell 2158 City of Camilla; corporate limits 4/24/62 For: 15 Agn: 0 Murray 2576 City of Chatsworth; corporate limits 6/23/62 For: 143 Agn: 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners; creation 4/11/62 Muscogee County : For: 6612 Agn: 9103 City of Columbus : For: 5563 Agn: 6032 Newton 3072 City of Covington; city manager 4/25/62 For: 550 Agn: 167 Oglethorpe 3202 City Court of Lexington; abolition 11/6/62 For: 392 Agn: 180 Putnam 2440 Certain County Officers; compensation 11/6/62 For: 626 Agn: 129 Putnam 3048 Tax Commissioner; creation of office 11/6/62 For: 548 Agn: 184 Terrell 2537 City of Dawson; corporate limits 7/11/62 #1-Defeated #2-Ratified 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; corporate limits 5/2/62 In proposed area : For: 13 Agn: 44 In City Tennille : For: 139 Agn: 58 Wayne 3110 Board of County Commissioners; creation 11/6/62 For: 664 Agn: 449 Wilkinson 2847 Town of McIntyre; corporate limits 4/7/62 For: 70 Agn: 21

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Georgia Laws 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receiver; compensation 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 Jailers; compensation 4/10/63 For: 721 Agn: 1170 Bartow 2070 Deputy Clerk of Superior Court; compensation 4/10/63 For: 545 Agn: 1330 Bartow 2074 Clerical help in office of the Ordinary; compensation 4/10/63 For: 666 Agn: 1230 Bartow 2078 County Commissioner clerical help; compensation 4/10/63 For: 532 Agn: 1343 Bartow 2082 Deputy Tax Commissioner; clerical help; compensation 4/10/63 For: 511 Agn: 1356 Bartow 2086 Sheriff; equipment 4/10/63 For: 714 Agn: 1172 Berrien 2627 City of Enigma; new charter 6/4/63 For: 15 Agn: 0 Bleckley 2382 Tax Commissioner; creation of office 6/5/63 For: 209 Agn: 436 Cherokee 2016 City of Canton; corporate limits 5/1/63 For: 45 Agn: 29 Clayton 2723 City of Lovejoy; new charter Not Held Clayton 2815 City of Riverdale; mayor and council; wards; city manager Not Held Cobb 2781 Board of County Commissioners; creation 1/8/64 For: 2123 Agn: 4100 Colquitt 2203 City of Moultrie; tax rate Election Results Not Known DeKalb 3457 City of North Atlanta; incorporation 7/11/63 For(1): 508 For(2): 55 For(3): 842 Dougherty 3630 City of Albany; abolition of wards 7/29/63 For: 1034 Agn: 1406 Emanuel 2583 City of Swainsboro; corporate limits 5/13/63 Inside City : For: 243 Agn: 44 Outside City : For: 81 Agn: 41 Fulton 2887 City of East Point; corporate limits Not Held Glynn 3249 City of Brunswick 10/1/63 For: 798 Agn: 570 Hall 3552 Board of County Commissioners 9/3/63 For: 1421 Agn: 1571 Henry 2609 Board of County Commissioners 5/15/63 For Section 1: 669 For Section 2: 624 Houston 3330 City of Warner Robins 5/7/63 For: 1127 Agn: 776 Irwin 2602 Tax Commissioner; creation of office 5/28/63 For: 91 Agn: 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs; tax rate Not Held Muscogee 2731 City of Columbus; form of government 6/5/63 For: 3254 Agn: 1615 Newton 3017 Board of County Commissioners 5/15/63 For: 333 Agn: 669 Pulaski 3436 Tax Commissioner; creation of office 6/18/63 For: 354 Agn: 321 Screven 2835 City of Sylvania; city manager 6/4/63 For: 160 Agn: 79 Talbot 2185 Board of County Commissioners 5/22/63 For: 239 Agn: 295 Telfair 2482 City of McRae; new charter 5/1/63 For: 130 Agn: 3 Thomas 3402 City of Boston; clerk and treasurer 5/20/63 For: 45 Agn: 126 Thomas 3405 City of Boston; marshal 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 For: 1715 Agn: 1838 Ware 2237 Board of Commissioners; creation 5/30/63 For: 1727 Agn: 1373 Wilkes 2803 Certain County Officers; compensation 5/28/63 For: 1304 Agn: 119 Wilkes 3447 Tax Commissioner; compensation 5/28/63 For: 1281 Agn: 130

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Georgia Laws 1964: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officers; compensation 6/17/64 For: 2543 Agn: 848 Brooks 2776 City of Quitman; commessioners Results Not Known Chatham 2288 Town of Pooler; taxation; bonds 4/15/64 For: 124 Agn: 61 Cherokee 2351 City of Woodstock; corporate limits Not held Cherokee 2431 City of Canton; corporate limits 4/8/64 For: 174 Agn: 394 Colquitt 2305 City of Moultrie; tax rate for schools 10/20/64 For: 1174 Agn: 613 Cook 2093 Board of commissioners; elections 3/4/64 For: 2003 Agn: 1612 Dodge 2954 City of Empire; new charter 6/2/64 For: 55 Agn: 71 Fulton 2478 City of Union City; repeal of charter 5/8/64 For: 214 Agn: 279 Fulton 2988 City of Alpharetta; corporate limits * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee; new charter 5/11/64 For: 90 Agn: 4 Hancock 2088 Certain County Officers; compensation 4/22/64 For: 251 Agn: 64 Harris 2939 Town of Pine Mountain; corporate limits 4/29/64 Inside : For: 61 Agn: 43 Outside : For: 0 Agn: 7 Hart 2028 Board of Finance 9/9/64 Question A: 1246 Question B: 873 McDuffie 2095 Board of Commissioners 4/1/64 For: 971 Agn: 1720 McDuffie 2104 Tax Commissioner; creation of office 4/1/64 For: 985 Agn: 1708 McDuffie 2107 Sheriff and Deputies; compensation 4/1/64 For: 982 Agn: 1705 Meriwether 2154 Town of Greenville; ad valorem tax rate Results Not Known Meriwether 2412 City of Woodbury; ad valorem tax 4/22/64 For: 110 Agn: 30 Monroe 2542 Board of Commissioners Not held Murray 2672 County Commissioners; compensation 9/9/64 For: 1868 Agn: 1763 Peach 2627 Board of Commissioners 4/29/64 (Three questions) Creation of the board For: 509 Agn: 502 Elections of the board by the people For: 692 Selection of the board by the grand jury For: 93 Pickens 2066 County Commissioners 3/4/64 For: 1822 Agn: 144 Pickens 2078 City of Jasper 3/21/64 Inside City : For: 43 Agn: 3 Outside City : For: 9 Agn: 0 Thomas 2497 Sheriff; compensation 4/29/64 For: 1685 Agn: 639 Tift 2208 City of Tifton; water and sewer lines 4/22/64 For: 281 Agn: 216 Tift 2361 City of Tifton; commissioners; compensation 4/22/64 For: 136 Agn: 368 Tift 2900 Board of Commissioners; membership 5/13/64 For: 1992 Agn: 1290 Tift 3069 Board of Commissioners; purchases 5/13/64 For: 2592 Agn: 738 Walker 2014 Ordinary; compensation 2/18/64 For: 4695 Agn: 285 Walker 2018 Tax Commissioner creation of office 2/18/64 For: 4673 Agn: 251 Walker 2024 Clerk superior court; compensation 2/18/64 For: 4655 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; creation of office Not held Whitfield 2175 Board of Commissioners; creation 3/20/64 For: 3817 Agn: 2807 Wilkinson 2314 Tax Commissioner; creation of office 11/3/64 For: 933 Agn: 863

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Georgia Laws 1964, Extraordinary Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriff; compensation 7/15/64 For: 464 Agn: 529 Barrow 2347 City of Winder; mayor; terms 9/9/64 For: 507 Agn: 372 Cobb 2075 Board of Commissioners 7/8/64 For: 7297 Agn: 2791 Cobb 2179 City of Elizabeth; new charter Results Not Known Dooly 2052 City of Byromville; corporate limits Not held Fulton 2342 City of Alpharetta; corporate limits 8/22/64 For: 57 Agn: 104 Troup 2256 City of Hogansville; tax for school purposes 9/2/64 For: 200 Agn: 410 Troup 2350 Small Claims and Committal Court of LaGrange; creation Results Not Known Worth 2116 City of Sylvester new charter 12/2/64 For: 216 Agn: 32

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Georgia Laws 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain county officials and employees; compensation 11/8/66 For: 589 Agn: 556 Appling 3361 Board of commissioners; annual audit 11/8/66 For: 733 Agn: 326 Baldwin 2306 City of Milledgeville; mayor; terms 6/2/65 For: 544 Agn: 462 Baldwin 2316 Board of Commissioners; elections 4/7/65 For: 801 Agn: 1878 Brooks 3226 City of Quitman; commissioners Results Not Known Chatham 3181 Isle of Hope Water, Fire, Sanitation, and Sewerage District Results Not Known Crisp 2167 City of Cordele; form of government 4/28/65 For: 828 Agn: 1198 Decatur 2819 City of Bainbridge; city manager 4/7/65 For: 1148 Agn: 688 Decatur 3245 Small Claims Court of Decatur County; creation 6/16/65 For: 447 Agn: 472 Dooly 2582 City of Unadilla; corporate limits 7/20/65 For: 56 Agn: 115 Echols 3160 City of Statenville; new charter 7/14/65 For: 72 Agn: 75 Fulton Clayton 3391 City of College Park; corporate limits 4/30/66 * * Sec. 1 For: 3; Agn: 67 Sec. 2 For: 0; Agn: 7 Sec. 3 For: 0; Agn: 12 Sec. 4 For: 0; Agn: 6 Sec. 5 For: 8; Agn: 43 Sec. 6 For: 5; Agn: 12 Sec. 7 For: 6; Agn: 31 Habersham 2727 City of Cornelia 5/12/65 For: 92 Agn: 123 Houston 2650 City Court of Warner Robins; creation 6/22/65 For: 1847 Agn: 1657 Jackson 3408 City of Jefferson; corporate limits Results Not Known Liberty 3342 Town of Allenhurst; incorporation 5/10/65 For: 51 For: 0 Madison 3068 Certain County Officers; compensation 6/16/65 Effective date: For 1/1/66: 1384 For 1/1/67: 422 McDuffie 2480 Coroner; compensation 5/12/65 For: 105 Agn: 58 Putnam 2862 Board of Commissioners; compensation 6/16/65 For: 183 Agn: 199 Thomas 2680 Fire Protection Districts; creation 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 Ordinary; compensation * * Each of these acts has an effective date of January 1, 1966. 6/16/65 For: 953 Agn: 353 Tift 2608 Clerk Superior Court; compensation * 6/16/65 For: 952 Agn: 381 Tift 2705 Tax Commissioner; compensation * 6/16/65 For: 943 Agn: 361

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Georgia Laws 1966 : County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners; elections 11/8/66 For: 728 Agn: 479 Atkinson 2107 County Court of Atkinson County; abolition 11/8/66 For: 1004 Agn: 704 Bartow 2144 City of Adairsville; mayor and council; compensation 4/2/66 For: 167 Agn: 48 Bartow 2454 City of Adairsville; corporate limits 4/2/66 For: 210 Agn: 105 Bryan 2466 City Court of Pembroke; abolition 9/14/66 For: 368 Agn: 1148 Bulloch 2316 City of Statesboro; mayor and council; terms 11/8/66 For: 265 Agn: 183 Fulton DeKalb 3337 City of Atlanta; corporate limits 5/11/66 Sandy Springs For: 2504 Agn: 5173 Adamsville For: 198 Agn: 151 Floyd 3129 Floyd School District; creation 4/12/66 For: 1459 Agn: 3759 Habersham 2404 City of Cornelia; city manager; compensation 4/27/66 For: 150 Agn: 115 Habersham 2625 City of Cornelia; commission; compensation 4/27/66 For: 149 Agn: 114 Habersham 3102 City of Cornelia; eminent domain outside corporate limits 4/27/66 For: 144 Agn: 118 Habersham 3144 City of Cornelia; mayor and commission; elections 4/27/66 For: 157 Agn: 105 Hall 3305 Board of Commissioners; membership; districts; elections 11/8/66 For: 4842 Agn: 4335 Irwin 2472 Tax Commissioner; creation of office 4/27/66 For: 184 Agn: 387 Jackson 3025 City of Jefferson; corporate limits Not held Jeff Davis 2352 City of Denton; incorporation 4/6/66 For: 162 Agn: 58 Meriwether 2266 Certain County Officers; compensation 11/8/66 For: 1495 Agn: 2994 Meriwether 2521 Town of Luthersville; corporate limits 5/7/66 For: 40 Agn: 19 Meriwether 3318 City of Woodbury; mayor and council; elections; compensation 5/11/66 For: 27 Agn: 6 Meriwether 3403 City of Greenville; corporate limits 5/4/66 For: 24 Agn: 19 Miller 2867 City of Colquitt; corporate limits Not held Miller 3372 Small Claims Court of Miller County; creation 5/4/66 For: 180 Agn: 153 Pike 3170 City of Zebulon; corporate limits 4/30/66 For: 89 Agn: 14 Stephens 2628 Board of Commissioners; terms 11/8/66 For: 1443 Agn: 1554 Wayne 3099 City of Jesup; corporate limits 5/25/66 For: 1083 Agn: 603

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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; mayor Not held Barrow 3326 City of Statham; new charter 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; corporate limits 7/28/67 For: 490 Agn: 111 Bulloch 2997 Town of Brooklet; mayor and council; terms 9/1/67 For: 33 Agn: 3 Catoosa 2207 Board of commissioners; creation 4/15/67 For: 1139 Agn: 3373 Catoosa 2225 County board of education; membership; elections 4/15/67 For: 1426 Agn: 2993 Chattahoochee 2530 County Board of Education; terms Not held Clarke 2929 County board of education; members; elections 6/7/67 For: 663 Agn: 570 Clarke 3215 County school district taxes Not held Cook 2507 County board of education; members; elections 8/16/67 For: 584 Agn: 135 Crisp 2691 County board of education; members; elections 9/14/67 For: 266 Agn: 32 Dooly 2467 City of Vienna; corporate limits 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; new charter 5/15/67 For: 62 Agn: 106 Floyd 2163 City of Rome; corporate limits 4/26/67 For: 333 Agn: 794 Gordon 2898 Fire Protection Services; districts 6/21/67 For: 286 Agn: 111 Henry 2595 City of Stockbridge; corporate limits 5/13/67 Inside City For: 101 Agn: 87 Outside City For: 43 Agn: 475 Houston 2606 City of Warner Robins; corporate limits 4/25/67 For: 2292 Agn: 680 Houston 3241 County School Superintendent; appointment 11/7/67 For: 1001 Agn: 2317 Houston 3244 County Board of Education; election; membership 11/7/67 For: 2559 Agn: 757 Lowndes 2118 Town of Dasher; incorporation 4/11/67 For: 59 Agn: 5 McDuffie 2169 Sheriff; personnel; compensation; vehicles 4/26/67 For: 1069 Agn: 539 Meriwether 2011 City of Greenville; new charter 4/3/67 For: 41 Agn: 0 Murray 2458 City of Chatsworth; corporate limits 5/31/67 For: 154 Agn: 19 Newton 2405 County board of education 5/3/67 For: 1258 Agn: 598 Newton 2784 Board of commissioners 5/3/67 For: 1301 Agn: 540 Pike 2448 Tax commissioner; creation of office 9/6/67 For: 454 Agn: 52 Pike 3152 County board of education; membership; elections 9/6/67 For: 441 Agn: 65 Polk 2718 County Board of Education; members; terms 11/5/68 For: 3306 Agn: 1245 Pulaski 3463 Pulaski County/City of Hawkinsville; school ststems; merger 11/7/67 Pulaski County For: 249 Agn: 482 City of Hawkinsville For: 466 Agn: 236 Randolph 2243 Tax Commissioner; compensation 4/26/67 Proposition # 1 For: 1109 Proposition # 2 For: 782 Stephens 3005 County Board of Education 5/2/67 For: 709 Agn: 1016 Stewart 3227 Clerk Superior Court; compensation 11/5/68 For: 1097 Agn: 88 Thomas 2115 City of Thomasville; taxation for schools 3/28/67 For: 841 Agn: 398 Turner 2694 City of Sycamore; corporate limits 5/26/67 For: 162 Agn: 51 Union 3064 Sheriff; compensation 6/28/67 For: 235 Agn: 790 Whitfield 2277 City of Dalton; mayor and council; terms; elections 4/19/67 For: 516 Agn: 607

Page CCLXXXII

Georgia Laws 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of commissioners; membership; chairman 4/17/68 For: 591 Agn: 216 Bacon 3542 Tax Commissioner; creation of office 6/11/68 For: 400 Agn: 321 Banks Habersham 2400 Town of Baldwin; mayor; term Election Results Not Known Berrien 2241 Board of commissioners Not Held Bibb 2835 County board of education; creation of new board 11/5/68 For: 14736 Agn: 7193 Bleckley 2278 City of Cochran; corporate limits 6/19/68 For: 351 Agn: 781 Candler 2446 County Board of Education; creation of new board 5/7/68 For: 296 Agn: 467 Carroll 2256 County School Superintendent; appointment 4/24/68 For: 250 Agn: 1341 Carroll 2841 County Board of Education; election 4/24/68 For: 547 Agn: 1087 Charlton 2342 City of Folkston; corporate limits 9/11/68 For: 118 Agn: 145 Charlton 2984 City of Homeland; new charter Election Results Not Known Chatham 2636 Board of Education of the City of Savannah and Chatham County 11/5/68 For: 11874 Agn: 11276 Chattahoochee 2717 County Board of Education; terms 7/12/68 For: 4 Agn: 20 Cherokee 3751 County board of education; districts 11/5/68 For: 2042 Agn: 1755 Coffee 2177 County Board of Education; creation of new board 4/24/68 For: 546 Agn: 1101 Coffee 2181 Board of commissioners; creation 4/24/68 For: 508 Agn: 1100 Colquitt 2130 City of Moultrie 4/23/68 For: 540 Agn: 715 Columbia 2708 County Board of Education; election 9/11/68 For: 2048 Agn: 320 Decatur 2565 County Board of Education; election 5/1/68 For: 971 Agn: 1104 Decatur 2756 City of Bainbridge; aldermen 6/5/68 For: 292 Agn: 137 Douglas 2262 County School Superintendent; appointment 5/21/68 For: 189 Agn: 1025 Douglas 3764 County Board of Education; election; membership 5/21/68 For: 498 Agn: 686 Echols 3514 County Board of Education; election; membership 11/5/68 For: 457 Agn: 38 Emanuel 2487 County Board of Education; election; membership 4/24/68 For: 405 Agn: 633 Evans 3722 City of Daisy; new charter Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission; creation 10/14/69 For: 2846 Agn: 6761 Gordon 2030 Board of commissioners; creation 5/15/68 For: 723 Agn: 1212 Grady 2120 County Board of Education; creation of new board 5/14/68 For: 2249 Agn: 717 Gwinnett 2003 Board of commissioners; creation of new board 4/10/68 For Part I4315 For Part II1413 Henry 3375 Board of Commissioners; elections 5/28/68 For: 756 Agn: 1272 Irwin 2822 Tax Commissioner; creation of office 5/28/68 For: 191 Agn: 547 Jefferson 3421 County Board of Education; membership 11/5/68 For: 3029 Agn: 1420 Jenkins 2960 Board of commissioners; membership 6/10/68 For: 559 Agn: 179 Jenkins 2965 County board of education; creation of new board 6/10/68 For: 448 Agn: 298 Macon 2663 Tax Commissioner; creation of office 5/1/68 For: 189 Agn: 261 Miller 2529 County board of education; election 5/14/68 For: 667 Agn: 345 Paulding 2381 County board of education; election 7/3/68 For: 233 Agn: 19 Pierce 2761 County Board of Education; election 11/5/68 For: 812 Agn: 1377 Rabun 2272 Board of commissioners; creation of board 4/9/68 For: 1205 Agn: 1144 Sumter 2065 County Board of Education; election 5/21/68 For: 626 Agn: 483 Tift 2023 City of Tifton; commissioners 4/3/68 For: 408 Agn: 310 Toombs 3424 County board of education; election 5/29/68 For: 65 Agn: 772 Walker 2152 City of Lookout Mountain; incorporation 5/9/68 For: 299 Agn: 252 Walker 2235 County Board of Education; election 5/9/68 For: 1155 Agn: 887 Walton 2974 County Board of Education 6/18/68 For: 1709 Agn: 265 Wayne 3361 County Board of Education; elections 9/11/68 For: 1140 Agn: 614 Whitfield 3065 City of Varnell; incorporation 5/23/68 For: 41 Agn: 5 Wilkes 3462 Town of Rayle; incorporation 5/17/68 For: 43 Agn: 4 Georgia Laws 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville; new charter 6/19/69 For: 180 Agn: 277 Bibb 3331 Board of Elections; creation 9/17/69 Inside City Limits For: 5892 Agn: 2086 Outside City Limits For: 514 Agn: 295 Butts 2456 County Board of Education; creation of new board 5/22/69 For: 422 Agn: 566 Camden 3543 Tax Commissioner; creation of office Not Held Candler 2230 City of Metter; corporate limits 5/6/69 For: 326 Agn: 86 Charlton 2665 County Board of Education; election 7/15/69 For: 143 Agn: 287 Chatham 2584 City of Garden City; corporate limits Election Results Not Known Cherokee 2829 County board of education and school superintendent 6/17/69 Sec. 1 For: 1600 Agn: 718 Sec. 2 For: 624 Agn: 1657 Clarke 3028 County Board of Education; creation of new board 7/15/69 For: 1722 Agn: 1738 Cobb 2475 County board of education; District 5/14/69 For: 773 Agn: 179 Colquitt 2559 County Board of Education; creation of new board 6/4/69 For: 1071 Agn: 1265 Coweta 2784 City of Newnan; corporate limits 7/2/69 For: 113 Agn: 584 Crisp 3806 City of Cordele; new charter 6/18/69 For: 299 Agn: 245 DeKalb 2501 City of Doraville; corporate limits 5/24/69 Tract No. 1 For: 15 Agn: 130 Tract No. 2 For: 40 Agn: 103 Effingham 3964 City of Guyton; corporate limits 6/4/69 For: 128 Agn: 179 Fannin 2637 Tax Commissioner; creation of office 11/3/70 For: 1399 Agn: 1396 Fannin 2641 Board of Commissioners; creation 11/3/70 For: 1419 Agn: 1376 Fulton 4098 City of Fairburn; corporate limits 7/28/69 Sec. 1Vickers Rd. For: 3 Agn: 2 Sec. 2Bohannon Rd. For: 8 Agn: 1 Gwinnett 3960 City of Lawrenceville; corporate limits 5/21/69 Inside city limits : For: 289 Agn: 127 Outside city limits : For: 22 Agn: 198 Gilmer 2606 City of Ellijay; corporate limits 6/25/69 For: 139 Agn: 288 Hall 2346 City of Murrayville; incorporation 6/11/69 For: 81 Agn: 104 Houston 3647 City of Warner Robins; form of government 6/17/69 For: 1512 Agn: 2064 Houston 3920 City of Warner Robins; corporate limits 10/14/69 City vote : For: 2134 Agn: 694 County vote : For: 38 Agn: 205 Houston 3927 City of Warner Robins; corporate limits Election Results Not Known Jackson 2987 City of Jefferson; corporate limits; wards 7/21/69 For: 88 Agn: 171 Laurens 2270 City of Dublin; corporate limits 5/28/69 For: 121 Agn: 106 Lincoln 3352 County Treasurer; compensation; abolition of office 11/ /3/70 For: 601 Agn: 742 Muscogee 3356 City of Columbus; corporate limits 6/25/69 For: 15707 Agn: 7761 Muscogee 3571 Muscogee County Charter Commission; creation 5/27/70 City of Columbus : For: 12379 Agn: 2778 Muscogee County : For: 12508 Agn: 2989 Pickens 3066 County School Superintendent; appointment 7/2/69 For: 52 Agn: 885 Putnam 2670 Sheriff; compensation 6/12/69 For: 282 Agn: 409 Putnam 3126 Tax Commissioner; compensation Not Held Putnam 3130 Ordinary; compensation 6/12/69 For: 372 Agn: 328 Putnam 3594 Clerk Superior Court; compensation 6/12/69 For: 283 Agn: 408 Putnam 3598 Board of Commissioners; compensation 6/12/69 For: 218 Agn: 470 Putnam 3900 Coroner; compensation 6/12/69 For: 290 Agn: 403 Pulaski 3915 City of Hawkinsville; corporate limits 10/14/69 City of Hawkinsville : For: 271 Agn: 82 Pulaski County : For: 35 Agn: 162 Spalding 3687 Small Claims Court of Spalding County; creation 7/29/69 For: 795 Agn: 447 Seminole 2590 Small Claims Court of Seminole County; creation 6/4/69 For: 221 Agn: 175 Stewart 2264 County Board of Education; election 5/14/69 For: 91 Agn: 12 Telfair 3641 County Board of Education; membership 8/26/69 For: 277 Agn: 437 Thomas 3562 Town of Meigs; corporate limits Not Held Tift 2674 City of Tifton; corporate limits 6/25/69 City Area : For: 645 Agn: 578 Proposed Area : For: 433 Agn: 499 Toombs 3241 City of Lyons; corporate limits 6/25/69 For: 3 Agn: 0 Toombs 3244 City of Lyons; corporate limits 6/25/69 For: 2 Agn: 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta; incorporation 5/28/69 For: 84 Agn: 11 Walker 4014 City of Rossville; new charter 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; membership 11/3/70 For: 2525 Agn: 1630 Banks Jackson 3000 Town of Maysville; mayor and aldermen; terms 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; creation of new board 6/10/70 For: 903 Agn: 698 Calhoun 2361 Sheriff Personnel; compensation 4/23/70 For: 121 Agn: 120 Camden 3278 Tax Commissioner; creation of office 11/3/70 For: 648 Agn: 476 Carroll 2856 City of Temple; corporate limits Election Results Not Known Carroll 3362 Town of Bowdon; corporate limits 5/20/70 For: 49 Agn: 114 Charlton 3270 County Board of Education; election 5/19/70 For: 293 Agn: 307 Charlton 3274 Board of Commissioners; membership; elections 5/19/70 For: 272 Agn: 328 Chatham 2018 Town of Thunderbolt; vacancies 4/14/70 For: 306 Agn: 29 Chatham 2080 City of Savannah Beach, Tybee Island; new charter 4/6/70 For: 339 Agn: 205 Clarke 2985 County School District Tax 11/3/70 For: 9185 Agn: 3707 Coffee 2441 County Board of Education; creation of new board 4/30/70 For: 1469 Agn: 1409 Colquitt 2579 Board of Commissioners; districts 5/19/70 For: 1285 Agn: 773 Colquitt 2582 County Board of Education; districts 5/19/70 For: 1463 Agn: 595 Elbert 2321 County Treasurer; office abolished 11/3/70 For: 1589 Agn: 1228 Emanuel 2150 County School Superintendent; appointment 4/7/70 For: 383 Agn: 1701 Emanuel 2153 County Board of Education 4/7/70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education; creation of new board 9/9/70 For: 1798 Agn: 868 Habersham 3091 City of Cornelia; fire protection outside city 5/20/70 For: 166 Agn: 42 Habersham 3094 City of Cornelia; mayor and commissioners; terms 5/20/70 For: 121 Agn: 88 Houston 2965 County Board of Education; districts 5/12/70 For: 1682 Agn: 1073 Jackson 3407 City of Commerce; elections Election Results Not Known Jackson 3415 City of Commerce; elections Election Results Not Known Lanier 2709 County Board of Education; creation of new board 11/3/70 For election : 289 For Appointment : 240 Liberty 2053 City of Hinesville; corporate limits 3/26/70 For: 520 Agn: 402 Meriwether 3039 City of Woodbury; corporate limits 5/12/70 Inside City : For: 83 Agn: 60 Outside City : For: 3 Agn: 32 Michell 2239 County Board of Education; election 6/16/70 For: 482 Agn: 156 Mitchell 2632 County School Superintendent; appointment 6/16/70 For: 287 Agn: 350 Monroe 3030 County Board of Education; membership 11/3/70 For: 815 Agn: 503 Murray 2365 City of Chatsworth; new charter 5/9/70 For: 133 Agn: 260 Peach 2647 County Board of Education; membership; districts 6/10/70 For: 544 Agn: 198 Pulaski 2880 Fire Protection Districts 5/19/70 For: 142 Agn: 140 Spalding 2651 City of Griffin; board of commissioners 11/3/70 For: 2117 Agn: 1510 Stephens 2643 Board of commissioners; membership; terms; elections 5/5/70 For: 822 Agn: 1743 Stephens 2436 County Board of Education; election of members 5/5/70 For: 1136 Agn: 1466 Tattnall 2033 City of Glennville; corporate limits 3/24/70 For: 269 Agn: 123 Thomas 3369 Board of Commissioners 5/26/70 For: 920 Agn: 2460 Troup Harris 3476 City of West Point; corporate limits 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; corporate limits Election Results Not Known Wayne 2067 City of Jesup; corporate limits Not held Wayne 3251 Wayne County Hospital Authority 11/3/70 For: 807 Agn: 1113 Washington 3104 County Board of Education; membership 6/3/70 For: 439 Agn: 537

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Georgia Laws 1971 : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education; creation of new board 5/19/71 For: 395 Agn: 219 Bibb 3926 County Board of Education and orphanage; membership 11/2/71 * * County vote : For: 1707 Agn: 2369 City vote : For: 3263 Agn. 2961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran; tax levy for schools 7/21/71 For: 115 Agn: 289 Brooks 2892 County Board of Education; compensation 6/9/71 For: 215 Agn: 526 Brooks 3278 City of Quitman; commissioners 6/15/71 For: 82 Agn: 259 Burke 3328 City of Waynesboro; new charter 6/15/71 For: 74 Agn: 16 Butts 3762 County Board of Education; member's residency Not Held Clarke 2042 Consolidation of City and County Government; Athens-Clarke County Charter Commission 5/24/72 See Below * Clarke 2691 County Board of Education; creation of new board Not Held Coweta 2003 City of Newnan; Water, Sewerage, and Light Commission 5/12/71 For: 335 Agn: 1427 Decatur 2649 County Board of Education; membership 4/29/71 For: 766 Agn: 496 Decatur 2667 Small Claims Court of Decatur County; creation 4/29/71 For: 713 Agn: 547 Gilmer 3471 County Board of Education; elections 6/16/71 For: 107 Agn: 90 Glynn 3550 City of Brunswick; commissioners 6/15/71 For: 102 Agn: 266 Grady 2967 County School Superintendent; appointment 7/20/71 For: 625 Agn: 1049 Gwinnett 3613 City of Duluth; corporate limits 6/7/71 For: 1 Agn: 35 Gwinnett 4042 City of Duluth; corporate limits 6/7/71 For: 1 Agn: 46 Gwinnett 4047 City of Duluth; corporate limits 6/7/71 For: 6 Agn: 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner; creation of office 5/19/71 For: 675 Agn: 713 Houston 3580 City of Warner Robins; corporate limits 2/29/72 For: 694 Agn: 734 Jones 3396 County Board of Education; creation of new board 5/26/71 For: 656 Agn: 543 Lamar 2710 County Board of Education and school superintendent 5/14/71 For: 999 Agn: 540 Lee 3976 City of Leesburg; corporate limits 7/6/71 Present City limits For: 14 Agn: 72 Proposed City limits For: 1 Agn: 14 Mitchell 2017 City of Pelham; board of education 4/21/71 For: 408 Agn: 26 Monroe 3071 Board of commissioners; compensation 11/7/72 For: 540 Agn: 1319 Monroe 3381 Board of commissioners; terms 11/7/72 For: 572 Agn: 1324 Murray 2120 County Board of Education; elections Not Held Newton 2881 County Board of Education; elections 6/16/71 For: 285 Agn: 137 Pierce 2492 Ordinary; salary 11/7/72 For: 768 Agn: 540 Pierce 2496 Sheriff; personnel; compensation 11/7/72 For: 813 Agn: 477 Pierce 2888 Board of commissioners; chairman; compensation 11/7/72 For: 683 Agn: 642 Pike 3686 City of Zebulon; councilmen; terms 6/19/71 For: 52 Agn: 23 Polk 3708 City of Rockmart; city taxes 10/2/71 For: 586 Agn: 254 Polk 3770 City of Aragon; new charter 6/2/71 For: 133 Agn: 85 Richmond 2123 Richmond County/City Augusta; unified government 5/25/71 Richmond County For: 5834 Agn: 10779 City of Augusta For: 6415 Agn: 6481 Stephens 3118 County Board of Education and school superintendent 6/22/71 For: 1403 Agn: 1855 Telfair 3448 Board of commissioners; creation 7/20/71 For: 441 Agn: 700 Tift 2722 County Board of Education; terms 6/9/71 For: 1430 Agn: 404 Tift 2795 County Commissioners; Chairman 6/9/71 For: 1663 Agn: 273 Turner 2021 Sheriff; personnel 4/27/71 For: 427 Agn: 915 Wayne 2678 Sheriff and Clerk Superior Court; compensation 11/7/72 Sec. 1 : For: 1324 Agn: 931 Sec. 2 : For: 1456 Agn: 898 Wayne 2715 County Board of Education; membership 8/8/72 For: 403 Agn: 1730 Georgia Laws 1971, Extraordinary session : County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education and orphanage 11/2/71 For: 10399 Agn: 4022 DeKalb 2154 City of Doraville; new charter 12/1/71 For: 441 Agn: 127 Haralson 2200 County Board of Education creation of new board 1/12/72 For: 284 Agn: 1043

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Georgia Laws 1972 : County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County; creation 8/8/72 * * Date of State/wide Primary Election 8/8/72. For: 1309 Agn: 708 Baldwin 3325 County Board of Education; election 11/7/72 * For: 2708 Agn: 2010 Baldwin 3685 City of Milledgeville; corporate limits 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; consolidation 5/17/72 ** ** Inside Macon For Agn. City of Macon/Bibb 9578 12101 City of Macon/Jones 3 3 9581 12104 Bibb County For Agn. City of Macon/Bibb 9578 12101 Outside City Limits 597 3395 Payne City 2 35 10 177 15531 Brantley 3141 Board of County Commissioners 8/8/72 * For: 1387 Agn: 921 Brantley 3144 County officers; salaries 8/8/72 * For: 940 Agn: 1377 Brantley 3145 Deputy sheriffs; compensation 8/8/72 * For: 1262 Agn: 1059 Brantley 3147 Certain county officers; personnel; compensation 8/8/72 * For: 1220 Agn: 983 Brantley 3148 Clerk Superior Court Salary; compensation 8/8/72 * For: 841 Agn: 1396 Brantley 3710 City of Nahunta 12/5/73 Election Results Not Known Camden 3138 Certain county officers salary; compensation 8/8/72 Demo. For: 701 Agn: 1109 Rep. For: 0 Agn: 1 Camden 3705 Board of commissioners; membership; districts 8/8/72 * Demo. For: 679 Agn: 1070 Rep. For: 1 Agn: 0 Camden 3714 Tax Commissioner; compensation 8/8/72 * Demo. For: 654 Agn: 1114 Rep. For: 0 Agn: 1 Camden 3717 County Board of Education; membership 8/8/72 * Demo. For: 683 Agn: 1050 Rep. For: 1 Agn: 0 Camden 3770 Small Claims Court of Camden County; creation 8/8/72 * Demo. For: 926 Agn: 801 Rep. For: 1 Agn: 0 Chatham 3019 Savannah-Chatham County government 4/10/73 *** *** Ga. L. 1973, p. 2268 changed date of election. City of Savannah Not held * Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5/9/72 For: 20074 Agn: 7595 Chatham 3116 Savannah-Chatham County Board of Education; districts 5/9/72 For: 8296 Agn: 19097 Chattooga 2043 State Court Chattooga County; abolition 8/8/72 * Demo. For: 2455 Agn: 2274 Rep. For: 2 Agn: 2 Decatur 3288 Board of commissioners; membership; elections 5/23/72 For: 668 Agn: 2687 Dodge 2329 City of Eastman; city manager; abolition of office 4/27/72 For: 474 Agn: 1117 Dodge 3339 County Board of Education; membership 8/8/72 * For: 914 Agn: 858 Douglas 3997 County Board of Education; elections 5/16/72 For: 400 Agn: 620 Elbert 2479 Board of County Commissioners; chairman 8/8/72 * For: 1583 Agn: 3036 Fayette 3438 Board of County Commissioners; terms 11/7/72 * For: 668 Agn: 3138 Fayette 3435 County treasurer; abolition of office 11/7/72 * For: 1499 Agn: 2210 Floyd 3300 State court of Floyd County; abolition 11/7/72 * For: 6911 Agn: 4674 Forsyth 2065 Board of commissioners 4/19/72 For: 551 Agn: 386 Gwinnett 4058 County Board of Education; districts; compensation 5/17/72 For: 989 Agn: 924 Habersham 2382 City of Demorest; mayor Election Results Not Known Harris 3468 Board of County Commissioners membership 8/8/72 * For: 1410 Agn: 616 Heard 2113 Board of commissioners; districts 5/3/72 For: 756 Agn: 732 Henry 2090 State Court of Henry County; creation 4/19/72 For: 570 Agn: 1943 Henry 2104 Board of Commissioners 4/19/72 For: 407 Agn: 2070 Houston 2399 County Board of Education; compensation 8/8/72 * For: 2853 Agn: 6462 Jeff Davis 2760 County Board of Education; election 8/8/72 * For: 829 Agn: 511 Laurens 4099 County Board of Education; vacancies 8/8/72 * For: 3185 Agn: 1103 Lowndes 2696 Ordinary; compensation 11/7/72 * For: 3533 Agn: 1995 Lowndes 2701 Tax Commissioner; compensation 11/7/72 * For: 3622 Agn: 1885 Lowndes 2706 Clerk Superior Court; compensation 11/7/72 * For: 3463 Agn: 2254 McDuffie 2538 County Board of Education; creation of new board 6/8/72 For: 305 Agn: 61 McIntosh 2849 City of Darien; corporate limits 6/16/72 City of Darien For: 86 Agn: 62 Dist. No. 271 For: 7 Agn: 73 Total For: 93 Agn: 135 McIntosh 2852 City of Darien; mayor and council; terms 11/7/72 * Not Held Macon 2322 Board of commissioners; memberbship 4/26/72 For: 608 Agn: 882 Madison 2547 County Board of Education; election 11/7/72 * For: 1060 Agn: 1785 Madison 2972 Appt. of County School Superintendent; appointment 11/7/72 * For: 921 Agn: 2145 Peach 3212 County school superientendent; appointment 5/17/72 For: 688 Agn: 2648 Peach 3910 City of Fort Valley; utilities commission 6/14/72 For: 440 Agn: 1351 Pike 3003 County Board of Education; election 5/16/72 For: 402 Agn: 142 Pulaski 3244 Board of County Commissioners; elections 5/23/72 For: 399 Agn: 939 Putnam 2678 County Board of Education; elections 8/8/72 * For: 1262 Agn: 831 Putnam 3833 City of Eatonton; corporate limits 6/13/72 For: 118 Agn: 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5/30/72 For: 452 Agn: 121 Telfair 4102 County Board of Education; membership 6/20/72 For: 564 Agn: 365 Thomas 3343 County board of Commissioners; creation 5/16/72 For: 1885 Agn: 3278 Tift 2908 City of Tifton; elections 5/3/72 For: 247 Agn: 498 Treutlen 2340 County Board of Education; terms 5/9/72 For: 688 Agn: 233 Treutlen 2345 Board of commissioners; elections 5/9/72 For: 715 Agn: 221 Walker 2647 County Board of Education; elections 11/7/72 * For: 6373 Agn: 2129 Walton 3006 City of Social Circle; corporate limits 5/31/72 For: 51 Agn: 49 Whitfield 4017 City of Tunnell Hill; new charter 5/16/72 For: 114 Agn: 159 Wilcox 2495 County School Superintendent; appointment 5/10/72 For: 177 Agn: 1042 Wilkinson 3312 County School Superintendent; appointment 11/7/72 * For: 348 Agn: 901 Wilkinson 333 County Board of Education; creation of new board 11/7/72 * For: 654 Agn: 608

Page CCCIV

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 Appling *** *** The results of this election were certified to the Office of the 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. 3677 City of Baxley; corporate limits 9/29/73 Yes: 45 No: 588 Brantley 3631 City of Nahunta 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: 3157 Agn: 6666 City of Savannah For: 12039 Agn: 4090 Chatham 3693 City of Savannah Beach, Tybee Island; corporate limits 6/2/73 Yes: 21 No: 29 Clarke 2356 City of Athens; merit system 5/31/73 For: 1818 Agn: 1591 Clarke 2367 City of Athens; public transportation system 5/31/73 For: 2430 Agn: 1057 Clarke 2387 City of Athens; corporate limits 5/31/73 For: 648 Agn: 682 Clarke 2467 Board of commissioners; creation of new board 8/14/73 Yes: 809 No: 1125 Clarke 3374 County board of education; creation of new board 8/13/74 * Not held Cherokee 3207 County board of education; districts 7/17/73 Yes: 412 No: 52 Cook 2300 Board of Commissioners; membership 5/22/73 For: 758 Agn: 735 Greene 3853 County board of education; terms 8/13/74 * Not held Habersham 3809 County board of education 11/6/73 For: 1326 Agn: 1465 Lowndes 3837 City of Twin Lakes; new charter 6/20/73 Yes: 37 No: 191 Marion 3827 County School Superintendent appointment 11/5/74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County (This 1973 Act was repealed by Ga. L. 1974, p. 3171) 11/5/74 ** See Below# Montgomery 2550 County board of education; membership 6/5/73 Yes: 225 No: 256 Pulaski 2573 County board of education; membership 5/15/73 Yes: 808 No: 191 Stewart 3152 City of Lumpkin; utilities 6/12/73 Yes: 97 No: 173 Sumter 2127 County board of education; membership 4/24/73 Yes: 322 No: 228

Page CCCVI

Georgia Laws 1974 : County Page No. SUBJECT Date of Election Result Banks 3798 Tax commissioner; creation of office 8/13/74 * * Date of general Primary 8/13/74. Yes: 1628 No: 671 Bibb 2028 City of Macon Board of Water Commissioners; abolition 11/5/74 ** ** Date of general election 11/5/74. Not held Bibb 3074 Macon-Bibb County Water and Sewerage Authority 5/14/74 For: 2049 Agn: 198 Brooks 3088 Board of commissioners; 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; corporate limits 4/16/74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach, Tybee Island; corporate limits 4/1/74 Results Not Known Cherokee 2534 Board of commissioners; creation 11/5/74 ** Yes: 2989 No: 1995 Cobb 3516 County board of education; districts 11/5/74 ** Yes: 18039 No: 14541 Fayette 2982 City of Fayetteville; corporate limits 11/5/74 ** Yes: 302 No: 507 Fayette 3848 County treasurer; abolition of office 11/5/74 ** Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone; corporate limits 5/23/74 Yes: 77 No: 29 Fulton 2497 City of East Point; mayor; city manager 8/13/74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee; new charter 6/8/74 Yes: 9 No: 2 Long 2878 County board of education; compensation 8/13/74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher; taxation 6/1/74 Yes: 31 No: 31 Newton 2978 City of Covington; elections 12/4/74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County governments 5/14/74 (Three elections held on same date) City Vote Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of sheriff for Richmond County Yes: 11431 3. Election of Board of Public Safety of Richmond County Yes: 6575 Stephens 2037 Choice of five types of government for the County 4/9/74 Question 1: 122 Question 2: 396 *** *** Effective Question is No. 2. Question 3: 108 Question 4: 98 Question 5: 248 Troup 2203 City of Hogansville; corporate limits 6/5/74 Inside City Yes: 57 No: 33 Outside City : Yes: 13 No: 43 Upson 2023 County board of education; composition; election 4/9/74 Yes: 594 No: 111 Wilkes 3510 County school superintendent; appointment 11/5/74 ** Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act (See following pages) 11/5/74 ** Yes: 434559 No: 363947

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THE COMMON DAY OF REST ACT OF 1974 Ga. L. 1974, p. 186 General Election 11/5/74 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1901 1989 Banks 566 709 Barrow 1501 1830 Bartow 1704 2407 Ben Hill 578 1127 Berrien 442 1142 Bibb 8536 12667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1604 2441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3696 4391 Catoosa 1440 1424 Charlton 177 198 Chatham 14278 12039 Chattahoochee 153 116 Chattooga 1322 1281 Cherokee 2424 2830 Clarke 6525 4853 Clay 116 242 Clayton 9965 10231 Clinch 144 379 Cobb 25632 21237 Coffee 629 1493 Colquitt 1168 2701 Columbia 1113 1687 Cook 423 978 Coweta 2622 2470 Crawford 338 455 Crisp 537 1303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54127 40882 Dodge 470 1835 Dooly 314 684 Dougherty 3887 8146 Douglas 2958 2815 Early 297 1084 Echols 66 74 Effingham 627 1039 Elbert 998 1765 Emanuel 803 1353 Evans 231 676 Fannin 829 729 Fayette 1752 2153 Floyd 5764 7222 Forsyth 1415 1576 Franklin 513 1502 Fulton 56902 38497 Gilmer 674 825 Glascock 96 201 Glynn 2067 2658 Gordon 1477 1428 Grady 524 1273 Greene 962 1101 Gwinnett 8846 10024 Habersham 1215 1281 Hall 5111 3714 Hancock 363 503 Haralson 1289 1616 Harris 908 1322 Hart 420 1408 Heard 351 417 Henry 2125 2638 Houston 4338 5170 Irwin 285 676 Jackson 2166 2042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1380 Jenkins 279 489 Johnson 373 990 Jones 826 1147 Lamar 748 855 Lanier 115 290 Laurens 1839 3649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2069 3382 Lumpkin 1043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1336 McIntosh 508 418 Meriwether 1501 1520 Miller 83 210 Mitchell 697 1688 Monroe 906 1058 Montgomery 206 611 Morgan 791 1186 Murray 414 492 Muscogee 10456 12112 Newton 1832 2364 Oconee 848 877 Oglethorpe 698 684 Paulding 1350 1643 Peach 874 1339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1973 2009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7477 11596 Rockdale 1811 2032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2867 3258 Stephens 698 1673 Stewart 183 329 Sumter 1119 1925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1062 Thomas 1315 2173 Tift 940 1716 Toombs 975 1640 Towns 535 247 Treutlen 333 630 Troup 2550 3831 Turner 334 870 Twiggs 427 696 Union 1330 548 Upson 2145 2115 Walker 2104 2264 Walton 1397 1786 Ware 1363 1910 Warren 173 364 Washington 1035 2037 Wayne 660 1118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2030 2274 Wilcox 239 759 Wilkes 439 1531 Wilkinson 395 765 Worth 423 1203 TOTAL 434559 363947 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Supreme Court of Georgia in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page CCCX

Georgia Laws 1975 : County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxley; corporate limits 6/26/75 Yes: 549 No: 603 Baker 2659 County treasurer; abolition of office 6/17/75 Yes: 352 No: 395 Baker 2662 Tax commissioner; creation of office 6/17/75 Yes: 338 No: 392 Berrien 2525 County school superintendent; appointment 4/15/75 Yes: 124 No: 1295 Berrien 3388 County school superintendent; appointment Not Held Duplicate of Act Above Bibb 3349 Board of water commissioners 11/4/75 Yes: 10601 No: 4955 Brantley 3937 County board of education 8/12/75 Proposition No. 1; 402 Proposition No. 2; 713 Proposition No. 3; 240 Bryan 3024 Board of commissioners; election of chairman and vice-chairman 8/26/75 Yes: 385 No: 115 Charlton 4015 County board of education 6/24/75 Yes: 776 No: 206 Chatham 3962 County board of education 5/4/76 * * Date of Presidential Preference Primary; 5/4/76. Yes: 3870 No: 10942 Clarke 2779 City of Athens; government functions 5/21/75 Yes: 858 No: 989 Decatur 4087 Hospital authority 8/10/76 ** ** Date of General Primary 8/10/76. Yes: 2155 No: 527 DeKalb 2752 County board of education districts; terms 5/4/76 * Yes: 29643 No: 41355 Dodge 3031 County board of education; election 11/4/75 Yes: 1206 No: 367 Douglas 2506 Board of commissioners; membership 5/14/75 Yes: 642 No: 739 Gordon 2719 Board of commissioners; creation 7/8/75 Yes: 1500 No: 972 Greene 4270 County board of education; terms 5/4/76 * Yes: 748 No: 926 Hall 3574 Board of commissioners; terms 8/10/76# Yes: 8951 No: 3890 Harris *** *** Municipality Yes No Savannah 9658 6595 Unincorporated area 4979 3857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 2960 County board of education and school superintendent 7/8/75 Yes: 511 No: 147 Harris 4369 City of Shiloh; mayor and council; terms; elections Result not known Heard 4433 County Commissioners; office created 7/9/75 Yes: 520 No: 469 Henry 4133 City of Stockbridge; corporate limits; elections 7/26/75 Yes: 113 No: 128 Newton 3577 County Board of Education and school superintendent 9/10/75 Yes: 1353 No: 1582 Paulding 2916 Board of Commissioners; creation 8/26/75 Yes: 1765 No: 949 Spalding 2771 Town of Orchard Hill; corporate limits 5/27/75 Inside Town Yes: 17 No: 5 Outside Town Yes: 20 No: 31 Spalding 4352 Board of commissioners 11/4/75 Yes: 1205 No: 4100 Stephens 4142 City of Toccoa; Commissioners 6/12/75 Yes: 209 No: 191 Taylor 3486 County Board of Education; membership; elections; districts 6/17/75 Yes: 298 No: 127 Union 4499 County Commissioner; office created 8/12/75 Yes: 189 No: 1037 Upson 3356 County School Superintendent; appointment 6/24/75 Yes: 531 No: 700 Whitfield 4296 City of Tunnell Hill; new charter 6/25/75 Yes: 126 No: 288 Worth 4202 County board of education and School Superintendent 7/15/75 Yes: 235 No: 460 Chatham 3128 Alcoholic beverages on sales on premises; time limit 9/17/75 **** **** This election act was on a population basis and affects only Chatham County Georgia Laws 1975, Extraordinary Session : County Page No. SUBJECT Date of Election Result Coweta ***** ***** This election based on population of municipality and affects only City of Newnan, Coweta County) 1730 City of Newnan; elections 9/9/75 Yes: 248 No: 57

Page CCCXIII

Georgia Laws 1976 : County Page No. SUBJECT Date of Election Result Bacon 2713 County board of education and 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 Milledgeville 5/4/76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgeville 5/4/76 * Yes: 718 No: 609 City of Milledgeville Yes: 289 No: 1045 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: 8149 No: 11522 County vote Yes: 8825 No: 16209 Bryan 3288 City of Richmond Hill 6/29/76 Yes: 199 No: 8 Camden 2831 Tax Commissioner; salary 11/2/76 ** ** Date of November 2, 1976 general election. Not Held Carroll 4479 County board of education and school superintendent 11/2/76 ** Yes: 3105 No: 3868 Chattooga 2694 Board of Commissioners creation 5/4/76 * Yes: 970 No: 2297 Clayton 3974 City of Mountain View; abolish of charter Not Held Cobb 3656 City of Powder Springs; abolish of charter 9/11/76 Yes: 331 No: 455 DeKalb 2809 Sunday sales of intoxicating beverages 5/4/76 * Yes: 52761 No: 30442 Fayette 3398 Board of commissioners; membership 5/4/76 * Yes: 1984 No: 1512 Glynn 4027 County board of education; districts; election 5/4/76 * Yes: 3752 No: 4746 Grady 3162 County board of education; compensation 5/4/76 * Yes: 444 No: 1259 Habersham 2798 County board of education; election 5/4/76 * Yes: 2244 No: 876 Habersham 2803 County School superintendent; appointed 5/4/76 * Yes: 940 No: 1951 Long 3536 County board of education *** *** This Act was declared unconstitutional by decision of Federal Court. 5/4/76 * Yes: 490 No: 172 Long 3321 Small claims court creation 5/4/76 * Yes: 114 No: 527 Lumpkin 3945 County board of education and school superintendent 5/4/76 * Yes: 678 No: 917 Newton 3402 Board of commissioners; districts 5/4/76 * Yes: 2980 No: 1387 Newton 3505 County board of education; membership; districts 5/25/76 Yes: 3227 No: 1167 Oconee 3935 County school superintendent; appointment 11/2/76 ** Yes: 1259 No: 1863 Richmond 4927 Augusta-Richmond County unified government 5/4/76 * Yes: 11027 No: 13417 Proposition One Question 1: 15801 Question 2: 6005 Proposition Two Question 1: 9404 Question 2: 10302 Ware 2811 County manager 5/4/76 * Yes: 2194 No: 2838 Warren 3660 Board of commissioners 11/2/76 ** Yes: 802 No: 352

Page CCCXVI

Georgia Laws 1977 : County Page No. SUBJECT Date of Election Result Baker 2603 County board of education; vacancies 11/7/78 * * Date of November 7, 1978 General Election. Yes: 151 No: 95 Bryan 3215 County treasurer; abolition of office 5/24/77 Yes: 116 No: 126 Carroll 4519 City of Temple; corporate limits 6/15/77 Yes: 225 No: 149 Dawson 3529 County board of education; election 6/14/77 Yes: 369 No: 140 Hart 3482 Town of Bowersville; new charter 5/9/77 Yes: 30 No: 0 Pierce 2924 County board of education and school superintendent 11/7/78 * Yes: 307 No: 587 Rockdale 2817 Board of commissioners; creation 5/17/77 Yes: 1618 No: 744 Schley 2952 Board of commissioners; terms 11/7/78 * Yes: 160 No: 66 Schley 2955 County board of education; terms 11/7/78 * Yes: 167 No: 58 Stephens 3875 County board of education; election 6/28/77 Yes: 1375 No: 628 Stephens 3881 County school superintendent; appointment 6/28/77 Yes: 793 No: 1042 Tift 3894 City of Tifton; corporate limits 12/19/77 Yes: 690 No: 1158 Towns 3974 County board of education and school superintendent 2/2/78 Yes: 1014 No: 1384

Page CCCXVII

Georgia Laws 1978 : County Page No. SUBJECT Date of Election Result Bryan 3774 County board of education; election 5/2/78 Yes: 739 No: 259 Butts 3368 County board of education 11/7/78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Sunday sales of alcoholic beverages 8/8/78 ** ** Date of General Primary 1978 Chatham County (unincorporated area) Yes: 2022 No: 1863 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: 6870 No: 4768 Chatham 4132 City of Garden City; corporate limits; water and sewer facilities 5/22/78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale; waterworks Not Held Chatham 3998 City of Savannah; corporate limits 4/19/78 Yes: 14407 No: 8091 Chatham 4466 Municipal Court of Savannah; abolition 8/8/78 ** Yes: 6783 No: 9753 Chattooga 3848 County board of education; compensation and expenses 11/7/78 * Yes: 778 No: 1446 Cherokee 3029 Board of commissioners; abolition; commissioner; creation 4/4/78 Yes: 2449 No: 2308 Clarke 4573 Use of school tax in Clarke County 11/7/78 * Yes: 3710 No: 3268 Columbia 3359 County board of education; compensation 11/7/78 * Yes: 887 No: 1569 DeKalb 3639 City of Clarkston; mayor and council; terms 10/18/78 Yes: 95 No: 96 DeKalb 4104 County board of education; districts 11/7/78 * Yes: 18829 No: 34766 Hart 3177 Board of commissioners; creation 11/7/78 * Yes: 643 No: 1018 Macon 4217 Tax commissioner; creation of office 11/7/78 * Yes: 737 No: 232 McDuffie 3666 County board of education 5/16/78 Yes: 202 No: 131 Rabun 3427 County school superintendent; appointment 11/7/78 * Yes: 453 No: 692 Rabun 3430 County board of education; election 11/7/78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers; new charter 7/8/78 Yes: 179 No: 167 Telfair 3445 County board of education and school superintendent 11/7/78 * #1 386 #2 231 #3 323 Thomas 3746 Tax commissioner creation of office 11/7/78 * Yes: 2679 No: 820 Thomas 3741 Judge of the probate court, compensation 11/7/78 * Yes: 2683 No: 802 Thomas 3752 Clerk of the superior court, compensation 11/7/78 * Yes: 2674 No: 797 Twiggs 3408 Board of commissioners; recall 8/8/78 ** Yes: 1067 No: 805 Whitfield 3365 City of Varnell; corporate limits (Civil Action File No. 18462) Not Held Georgia Laws 1979 : County Page No. SUBJECT Date of Election Result Carroll 4245 City of Sand Hill; new charter 6/12/79 Yes: 102 No: 193 Glynn 3467 county board of educatin; districts 12/11/79 Yes: 2490 No: 977 Montgomery 3151 County 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 1015 Stephens 3047 Board of commissioners; terms 4/24/79 Yes: 921 No: 329 Telfair 3539 County board of education 7/31/79 Yes: 858 No: 615

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Georgia Laws 1980 : County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of commissioners; elections 5/13/80 Yes: 714 No: 1194 Ben Hill 3954 Tax commissioner; creation of office 5/28/80 Yes: 614 No: 398 Catoosa 4250 County board of education; election 8/5/80 Yes: 3156 No: 4464 Chatham City of Thunderbolt 3653 Croporate limits of the 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 County board of education; election 8/12/80 Yes: 814 No: 435 Coffee 1795 County school superintendent; election Not held Columbia 3707 Board of commissioners; creation of new board 5/7/80 Yes: 1920 No: 1103 Decatur 3272 County board of education; residency requirements 11/4/80 Yes: 2267 No: 899 DeKalb 3996 Type of government for DeKalb Conty; advisory referendum 8/5/80 Type 1: 38094 Type 2: 23553 Douglas 4120 County board of education; compensation 11/4/80 Yes: 3424 No: 7389 Effingham 3542 County board of education; election; terms 8/12/80 Yes: 430 No: 92 Gordon 3720 County board of education; vacancies Not held Henry 3009 Board of commissioners; creation of new board 3/11/80 Yes: 2252 No: 1500 Irwin 3030 Tax commissioner; creation of office 4/8/80 Yes: 834 No: 119 Laurens 3016 Board of commissioners; membership; districts 3/11/80 Yes: 1797 No: 1413 Laurens City of Dublin 3189 Mayor and council; terms 3/11/80 Yes: 324 No: 653 McIntosh 3112 County board of education; election; districts; compensation 4/29/80 Yes: 642 No: 143 Mitchell City of Pelham 3914 Council; elections 6/3/80 Yes: 254 No: 392 Oconee 3757 Board of commissioners 5/21/80 Yes: 585 No: 1155 Richmond 3841 County board of education; elections Not held Upson 3027 County school superintendent; appointment 3/11/80 Yes: 604 No: 1468 Upson 4127 Fire protection districts; taxation Not held Whitfield city of cohutta 4122 Corporate limits 5/17/80 Yes: 10 No: 0

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Georgia Laws 1981 : County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites for hazardous wastes; advisory referendum 8/10/82 Yes: 1652 No: 1465 Chatham City of Tybee Island 4914 Corporate limits 6/25/81 Corporate limits : Yes: 222 No: 60 Unincorporated area : Yes: 18 No: 102 Clarke 3065 Athens-Clarke County Charter Commission; creation 2/16/82 County : Yes: 2388 No: 2883 City : Yes: 2611 No: 2120 Coffee 3626 County school superintendent; election 6/2/81 Yes: 1329 No: 1424 DeKalb 4304 Form of government 8/10/82 Yes: 36070 No: 26939 Dooly 4463 County board of education districts; elections; terms 5/19/81 Yes: 1393 No: 185 Gordon 3269 Board of commissioners; abolition; county commissioner; office created 8/4/81 Yes: 1319 No: 1664 Gordon 3586 County school superintendent; election; term 8/4/81 Yes: 1527 No: 778 Miller 4713 County board of education; elections 8/4/81 Yes: 710 No: 182 Richmond 3677 County board of education; elections 11/3/81 Yes: 7352 No: 1526

Page CCCXXIII

Georgia Laws 1982 : County Page No. SUBJECT Date of Election Result Appling 4642 Board of commissioners; composition 11/2/82 Five member: 1191 Six member: 1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9365 / 9385) 8/2/82 Yes: 1299 No: 351 Bartow 4589 County board of education; terms 8/10/82 Yes: 1652 No: 1465 Bartow 4584 County board of education; Compensation 8/10/82 Yes: 1615 No: 1450 Bartow 4586 County school superintendent; appointment 8/10/82 Yes: 843 No: 2205 Bibb 4625 County board of education and orphanage; districts 11/2/82 Yes: 15184 No: 5458 Bibb 4406 County board of education and orphanage; terms 11/2/82 Yes: 9455 No: 12176 Bryan 4270 Board of commissioners; elections; districts; terms; vacancies 11/2/82 Yes: 883 No: 429 Bryan 4285 County treasurer; abolition of office 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 County board of education; districts 5/11/82 Yes: 302 No: 200 Clarke/City of Athens 1855 Georgia Alcoholic beverage code amended as to certain counties (69000 - 75000) 8/10/82 Clarke County : Yes: 2257 No: 2338 City of Athens : Yes: 2393 No: 2354 Clayton 4431 County board of education; composition; elections; compensation 8/10/82 Yes: 8665 No: 7584 Cobb 1768 Sale of alcoholic beverages in certain counties (200000 - 550000) (295000 - 300,000) (350,000 - 500,000) 11/2/82 Yes: 35622 No: 34777 Cook 3749 County school superintendent; election 11/2/82 Yes: 1623 No: 1020 DeKalb 4239 Dekalb Community College 8/10/82 transfer: 43375 retain: 23587 Douglas 4786 County board of education; districts 11/2/82 Yes: 6032 No: 1700 Emanuel 4049 County board of education; elections; districts 6/1/82 Yes: 1853 No: 411 Franklin 3753 County board of education and school superintendent 8/10/82 #1 Proposal: 458 #2 Proposal: 1308 #3 Proposal: 573 Gwinnett 3510 County board of education; districts 4/6/82 Yes: 1825 No: 1972 Haralson 4523 County board of education; composition; districts; election 8/10/82 Yes: 2133 No: 230 Jackson 4012 Jackson County School District, Jefferson City School District, and Commerce City School District; merger 11/2/82 Jackson Co. Yes: 1991 No: 2438 Inside City of Commerce Yes: 796 No: 243 Inside City of Jefferson Yes: 390 No: 78 Lowndes 3582 Board of commissioners; selection 11/2/82 Yes: 3652 No: 4513 Lumpkin 4274 County school superintendent; appointment 6/8/82 Yes: 312 No: 595 Lumpkin 4277 County board of education; elections; districts 6/8/82 Yes: 720 No: 191 Oconee (City of Bogart) 4869 New charter 12/7/82 Yes: 66 No: 147 Pierce 4649 County board of education and school superintendent 11/2/82 Proposal No. 1 Question No. 1 / 526 Question No. 2 / 1124 Proposal No. 2 Question No. 1 / 613 Question No. 2 / 947 Pulaski 4638 County school superintendent; appointment 11/2/82 Yes: 698 No: 787 Twiggs 3627 County board of education; election 8/10/82 Yes: 1327 No: 533 Ware (City of Waycross) 4611 Land conveyance authorized 11/2/82 Yes: 1869 No: 878 Wayne 3789 4717 Board of commissioners; elections 11/2/82 Yes: 1320 No: 684 Wheeler 4126 County board of education; composition; election Was not held Worth 3715 Board of commissioners; districts; elections; qualifications 11/2/82 Yes: 1643 No: 733 Georgia Laws 1983 : County Page No. SUBJECT Date of Election Result Atkinson 4115 Board of Commissioners; compensation; chairman 3/13/84 Yes: 123 No: 1114 Bartow Polk (Town of Taylorsville) 4161 Corporate limits; elections 5/11/83 Bartow Yes: 47 No: 7 Polk Yes: 15 No: 4 Bibb 4251 County board of education and orphanage; districts 11/8/83 Yes: 5361 No: 1841 Chatham County City of Savannah 4039 Board of education; district 5/3/83 Yes: 1367 No: 2815 Chatham (City of Tybee Island) 3586 Mayor and council; term; election 5/3/83 Yes: 307 No: 60 Chattooga 4570 State Court of Chattooga County; creation 5/3/83 Yes: 818 No: 262 Columbia 4411 County board of education; districts; elections; terms 3/13/84 Yes: 2110 No: 843 DeKalb 4547 Governing authority; powers and duties; executive assistant 3/13/84 Yes: 45505 No: 12832 DeKalb (City of Doraville) 3581 Mayor and council; terms 4/2/83 Yes: 266 No: 89 Forsyth 3521 County school superintendent; appointmnet 5/3/83 Yes: 379 No: 966 Fulton Coweta (City of Palmetto) 4134 Corporate limits 5/21/83 Yes: 319 No: 35 Madison (City of Colbert) 4181 Municipal court penalties; homestead exemption; city taxes 5/4/83 Yes: 58 No: 3 Murray 3611 County board of education creation of new board not held Newton 3814 Homestead exemptions; county and school district taxes Referendum not held Seminole 3994 County board of education; election 8/2/83 Yes: 1181 No: 1198 Tift County and City of Tifton 3590 Tiftion-Tift County Charter Commission; creation 6/26/84 Yes: 2060 No: 3860 Union 4514 County board of education; election 5/3/83 Yes: 147 No: 10 Wilkinson 3911 County board of education; creation of new board 5/3/83 Yes: 582 No: 198 Georgia Laws 1984 : County Page No. SUBJECT Date of Election Result Statewide 520 Ad valorem taxation of property; additional exemption 11/6/84 Yes: 718467 No: 464620 Statewide 788 Ad valorem taxation of property; exemption of motor vehicles 11/6/84 Yes: 900688 No: 345204 Statewide 1253 Ad valorem taxation of property; exemption of nonprofit homes for mentally handicapped 11/6/84 Yes: 933343 No: 295707 Berrien 4823 Board of Commissioners; composition; districts; elections; compensation; qualifications 5/15/84 Yes: 211 No: 1008 Butts 3588 County treasurer; abolition of office 3/13/84 Yes: 921 No: 791 Camden 3848 Homestead Exemptions; county and school district taxes 11/6/84 Yes: 2577 No: 481 Catoosa 4321 Homestead exemption; county school district taxes 8/14/84 Yes: 4833 No: 811 Cherokee 3580 County schools superintendent; appointment 3/13/84 Yes: 1734 No: 4060 Columbia 4609 Homestead exemption; county school district taxes 11/6/84 No Election Held Coweta Fulton City of Palmetto 4390 Mayor and council; terms 8/14/84 No Election Held Coweta 3704 county board of education; composition; election; terms 11/6/84 Yes: 7190 No: 2328 Crisp 4352 Board of commissioners; composition; districts; elections 11/6/84 Yes: 1253 No: 760 Dade 3575 County board of education; election; districts 3/13/84 Yes: 987 No: 367 Dade 3564 Board of commissioners; creation 3/13/84 Yes: 629 No: 777 Dodge 3531 County school superintendent; appointment 3/13/84 Yes: 585 No: 2235 Forsyth 4144 Business and occupational license taxes 11/6/84 Yes: 4290 No: 3484 Fulton 3591 County board of Education and school superintendent 3/13/84 Yes: 24258 No: 9628 Habersham 3671 Board of commissioners; elections; terms; purchases 8/14/84 Yes: 2222 No: 1392 Harris 3608 County board of education; districts; terms; qualifications 3/13/84 Yes: 1347 No: 707 Harris 3766 Homestead exemptions; county and school district taxes 8/14/84 Yes: 1750 No: 375 Jones 3926 Homestead exemption; county taxes 8/14/84 Yes: 2476 No: 453 Jones 4459 County board of education; reconstitution 8/14/84 Yes: 2206 No: 583 McIntosh 4103 County board of education; terms 5/15/84 Yes: 629 No: 239 McIntosh 4106 County school superintendent; appointment 5/15/84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead exemption; city taxes 11/6/84 Yes: 1170 No: 45 Putnam 4657 Homestead exemption; county taxes 8/14/84 Yes: 1249 No: 164 Richmond 5119 County board of education; composition; election; districts 11/6/84 Yes: 26594 No: 9857 Rockdale City of Conyers 4884 Homestead exemption; city taxes 5/26/84 Yes: 91 No: 2 Stewart 3513 Board of commissioners; creation 3/13/84 Yes: 625 No: 820 Turner 4862 County board of education; election 5/15/84 Yes: 316 No: 171 Turner 4563 Board of commissioners; composition; election; officers; meetings 5/15/84 Yes: 311 No: 175 Upson 4576 County board of education; districts; elections 8/14/84 Yes: 2496 No: 838 Upson 3729 Board of commissioners; districts; elections 4/17/84 Yes: 708 No: 344 Upson 4367 County school superintendent; appointment 11/6/84 Yes: 1903 No: 2650 Wayne 3971 County board of education; composition; districts; elections No election held pursuant to court order Wheeler 3601 County board of education; composition; elections; terms 3/13/84 Yes: 425 No: 270 Wilkes 3838 County board of education; creation; districts; elections 8/14/84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead exemption; city taxes 8/14/84 Yes: 458 No: 47 Wilkinson 3772 Homestead exemption; county taxes 8/14/84 Yes: 643 No: 125

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Georgia Laws 1985 : County Page No. SUBJECT Date of Election Result Bacon 4823 County board of education; elections 6/25/85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption; county school District taxes 8/12/86 Yes: 1999 No: 493 Bleckley 4406 Board of Commissioners; Created 11/4/86 Yes: 887 No: 1156 Brooks City of Quitman 4635 Board of commissioners; composition; elections Not held Has not been approved by Justice Department Burke 4481 County board of education; elections 9/3/85 Yes: 754 No: 673 Candler 4975 Board of commissioners; membership; elections; chairman 6/11/85 Yes: 279 No: 116 Carroll 3945 Board of education; school superintendent 9/10/85 Question 1: Yes: 4076 No: 929 Question 2: Yes: 2977 No: 2019 Clinch 4918 County board of education; elections; districts 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 Not held DeKalb City of Decatur 4140 Homestead Exemption: city taxes 12/4/85 Yes: 1123 No: 154 Fayette 3992 Homestead Exemption: county school district taxes 6/11/85 Yes: 2256 No: 255 Fayette 4198 County school superintendent; appointment 11/4/86 Yes: 4725 No: 6759 Fulton City of Atlanta 4371 Redevelopment 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; city taxes 5/13/85 Yes: 1721 No: 143 Gwinnett 5106 Homestead Exemption: county school district taxes 11/4/86 Yes: 39645 No: 12055 Heard 5078 County board of Education; Election 9/24/85 Yes: 580 No: 90 Jeff Davis 4493 County board of education; elections; districts 4/8/86 Yes: 208 No: 45 Lanier 3966 County Board of education; elections; districts; terms 6/25/85 Yes: 252 No: 12 Marion 4573 County board of education; districts; elections Not precleared by U.S. Justice Dept. Morgan 4643 County board of education and school superintendent 8/12/86 Yes: 1058 No: 398 Pierce 4836 Board of commissioners; compensation; elections; districts 11/5/85 Yes: 386 No: 169 Pierce 4841 County board of education; elections 11/5/85 Yes: 365 No: 181 Polk 4985 County board of education; re-creation 6/11/85 Yes: 365 No: 299 Taylor 5087 County board of education; elections; districts 5/21/85 Yes: 362 No: 180 Wilkes 4580 Homestead exemption; county and school district taxes Not held

Page CCCXXXV

Georgia Laws 1986 : County Page No. SUBJECT Date of Election Result Bartow 5361 Homestead exemption county school district taxes Not held Bibb 4736 Redevelopment Powers 11/4/86 Yes: 3236 No: 2725 Bibb City of Macon 5038 Redevelopment powers 11/4/86 Yes: 8120 No: 5815 Bibb 5620 Staggered motor vehicle registration periods 8/12/86 Yes: 2592 No: 5119 Bulloch 5627 Staggered motor vehicle registration periods Not held Camden 5647 Staggered motor vehicle registration periods 8/12/86 Yes: 451 No: 258 Chatham City of Islands 4872 Incorporation 8/12/86 Islands area: Yes: 506 No: 744 County area: Yes: 336 No: 1426 Chatham City of Pooler 5592 Corporate limits 6/17/86 Pooler: Yes: 115 No: 19 Proposed Area: Yes: 36 No: 24 Chattooga 5138 Board of commissioners; creation 11/4/86 Yes: 1991 No: 2220 Cherokee 3635 Board of commissioners; creation 5/6/86 Yes: 1644 No: 2221 Clayton 5019 Homestead exemptions; county taxes 8/12/86 Yes: 11478 No: 2066 Cobb City of Acworth 3752 Mayor and alderman; elections; qualifications; terms 5/3/86 Yes: 47 No: 139 Cobb 4370 Homestead exemption; county and school district taxes 11/4/86 Yes: 64538 No: 9311 Cobb City of Marietta 5043 Homestead exemption; city taxes 11/4/86 Yes: 5309 No: 1002 Colquitt 3724 County board of education; composition; elections; districts 5/13/86 Yes: 897 No: 180 Columbia 5636 Staggered motor vehicle registration periods 8/12/86 Yes: 2740 No: 1695 Dawson 4061 Homestead exemptions; county school district taxes 8/12/86 Yes: 724 No: 183 Decatur 4096 County board of education and school superintendent 8/12/86 Yes: 1387 No: 1012 DeKalb 4107 Governing authority; powers and duties; applicability of laws 8/12/86 Yes: 31123 No: 11156 DeKalb City of Decatur 4475 Homestead exemption; city taxes 12/3/86 Yes: 1233 No: 127 Douglas 5618 Staggered motor vehicle registration periods 11/4/86 Yes: 6701 No: 3144 Elbert 3578 Board of education; re-creation 5/13/86 Yes: 444 No: 208 Floyd City of Rome 4530 Homestead exemption; independendent school district taxes 8/12/86 Yes: 2651 No: 336 Floyd 5057 Homestead exemption; county school district taxes 8/12/86 Yes: 4971 No: 770 Floyd 5511 Homestead exemption; county taxes 8/12/86 Yes: 8218 No: 895 Forsyth 4347 Homestead exemption; county school district taxes 11/4/86 Yes: 5191 No: 1005 Fulton 4148 Redevelopment powers 11/4/86 Yes: 57705 No: 41691 Fulton 4434 Homestead exemption; county and school district taxes; local constitutional amendment continued Not held Fulton City of Atlanta 4834 Redevelopment powers 8/12/86 Yes: 12987 No: 9356 Gwinnett 5625 Staggered motor vehicle registration periods 8/12/86 Yes: 17645 No: 4777 Hall 3811 Homestead exemption; county school district taxes 8/12/86 Yes: 5447 No: 2112 Hall City of Gainesville 3815 Homestead exemption; independent school district taxes Not held Hall 5616 Staggered motor vehicle registration periods 8/12/86 Yes: 7553 No: 2305 Henry 5053 Homestead exemptions county; school district taxes Not held Henry 5607 Staggered motor vehicle registration periods 8/12/86 Yes: 2211 No: 1964 Houston 3901 Redevelopment powers 11/4/86 Yes: 6517 No: 4758 Houston City of Centerville 5157 Redevelopment powers 11/4/86 Yes: 70 No: 88 Houston City of Perry 4196 Redevelopment powers Not held Houston City of Warner Robins 3923 Redevelopment powers 10/7/86 Yes: 2675 No: 1754 Lanier 3609 Lakeland-Lanier County Charter Commission; creation 9/2/86 Yes: 448 No: 928 Laurens 3821 County board of education; elections; districts 11/4/86 Yes: 929 No: 715 Liberty 3554 School school superintendent; appointment 11/4/86 Yes: 1332 No: 1045 Liberty 3542 Board of education; elections 8/12/86 Yes: 1369 No: 277 Lincoln 3661 County board of education; elections; districts; vacancies 8/12/86 Yes: 651 No: 335 Marion 5558 Board of commissioners; elections; districts; terms 9/16/86 Yes: 429 No: 673 Marion 5023 County board of Education; Elections 9/16/86 Yes: 416 No: 666 Mitchell City of Pelham 3648 City board of education; elections; terms; districts; composition Not held Mitchell 3892 County school superintendent; appointment Not precleared by U.S. Justice Dept. Muscogee 3927 County board of education; advisory referendum on elections 11/4/86 Yes: 18451 No: 8420 Oglethorpe 3568 County board of education; elections; districts 5/13/86 Yes: 307 No: 90 Paulding 4335 County school superintendent; Appointment 11/4/86 Yes: 1199 No: 4301 Polk 5633 Staggered Motor Vehicle Registration Periods; 8/12/86 Yes: 1355 No: 1013 Rabun City of Clayton 4778 Homestead Exemptions; city taxes 12/20/86 Yes: 453 No: 16 Screven 5642 Staggered motor vehicle registration periods 8/12/86 Yes: 326 No: 404 Spalding 4855 Homestead exemptions; county and school district taxes 8/12/86 Yes: 1946 No: 428 Spalding 5623 Staggered motor vehicle registration periods 11/4/86 Yes: 3757 No: 3693 Sumter City of Americus 3501 Sumter County Public School System; creation; merger of school systems of sumter county and the city of Americus Not Held Tattnall City of Collins 4472 Mayor; terms 8/12/86 Yes: 31 No: 39 Telfair 4527 County officers; ineligibility to hold office; local constitutional amendment continued 11/4/86 Yes: 1800 No: 577 Toombs City of Vidalia 4862 City school district; powers of board of education 9/2/86 Yes: 824 No: 599 Troup 3515 County board of education and school superintendent; Act continuing local constitutional amendment repealed 5/6/86 Yes: 193 No: 44 Twiggs 5542 County school superintendent; appointment 11/4/86 Yes: 412 No: 1127 Upson 4497 Homestead exemption; county school district taxes Not Held Washington 4485 Homestead Exemption county taxes 8/12/86 Yes: 1434 No: 373 Washington 4489 Homestead exemption; county school district taxes 8/12/86 Yes: 1896 No: 402 Whitfield 5597 Board of commissioners 11/4/86 Yes: 4315 No: 3573 Wilkes 4091 County board of education; elections; districts; composition 11/4/86 Yes: 1219 No: 377 Worth 3716 County board of education; membership; elections; districts 11/4/86 Yes: 1499 No: 523 Statewide 878 Ad valorem tax exemption of tangible personal property 11/4/86 Yes: 592671 No: 249708

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Georgia Laws 1987 : County Page No. SUBJECT Date of Election Result Appling City of Baxley 5015 Corporate limits 7/21/87 Yes: 438 No: 822 Bartow 5325 Homestead exemption; county school district taxes 11/3/87 Yes: 2483 No: 265 Bartow 4912 School school superintendent; appointment 11/3/87 Yes: 1086 No: 1617 Bartow 4915 County board of education; elections; terms 11/3/87 Yes: 2135 No: 569 Bleckley 4111 County board of education; nonpartisan elections 11/8/88 Yes: 1025 No: 606 Brooks 5267 County school superintendent; appointment 3/8/88 Yes: 709 No: 1542 Brooks City of Quitman 5230 Board of commissioners; composition; elections; districts; terms 8/11/87 Yes: 248 No: 71 Butts 4919 County board of education and school superintendent 11/10/87 Yes: 1682 No: 561 Camden 4929 Board of commissioners; elections; districts; terms 3/8/88 Yes: 1365 No: 858 Camden 4943 County board of education; elections; districts; terms; Act continuing local constitutional amendment repealed 3/8/88 Yes: 1337 No: 932 Camden 5032 County school superintendent; appointment 3/8/88 Yes: 739 No: 1579 Chatham 4801 Redevelopment powers 6/16/87 Yes: 3341 No: 5356 Chatham City of Savannah 4083 Redevelopment powers 6/16/87 Yes: 2369 No: 3235 Clarke 4279 Staggered motor vehicle registration periods 11/3/87 Yes: 7245 No: 1622 Columbia 4270 County board of education; nonpartisan elections 3/8/88 Yes: 7344 No: 1925 Columbia 4267 Homestead exemption; county school district taxes 3/8/88 Yes: 8266 No: 1196 Dougherty 3843 County board of education; elections 11/3/87 Yes: 6448 No: 4855 Effingham 4596 County board of education; reconstitution 3/8/88 Yes: 1768 No: 471 Evans 4782 County board of education; composition; elections; compensation 8/9/88 Yes: 1277 No: 553 Fannin 5494 County board of education and school superintendent; nonpartisan elections 3/8/88 Yes: 1449 No: 1819 Floyd 4994 Unified Rome-Floyd County School System; creation; merger of Floyd County School System and City of Rome Independent School System 3/8/88 City Yes: 1679 No: 3601 County Yes: 2410 No: 6380 Fulton 4132 Homestead exemption; county taxes 11/8/88 Yes: 131209 No: 35740 Greene 4973 County school superintendent; appointment 3/8/88 Yes: 787 No: 1544 Hall City of Gainesville 4209 Homestead exemption; city school district taxes 12/1/87 Yes: 194 No: 28 Houston City of Perry 4115 Redevelopment powers 12/1/87 Yes: 128 No: 124 Lamar 3740 County board of education; elections; districts; terms; vacancies 11/3/87 Yes: 412 No: 203 Lowndes 4124 County school superintendent; appointment 3/8/88 Yes: 932 No: 2505 Lumpkin 3586 County school superintendent; appointment 6/2/87 Yes: 617 No: 1067 Madison City of Colbert 4475 Mayor; term 12/2/87 Yes: 19 No: 3 Mitchell 3508 County school superintendent; appointment 7/28/87 Yes: 710 No: 921 Muscogee 4753 County board of education; composition; elections; districts; terms; compensation; taxes 3/8/98 Yes: 9784 No: 18277 Oconee 4441 County school superintendent; appointment 3/8/88 Yes: 1272 No: 1863 Peach City of Baron 5394 Redevelopment powers 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 County school superintendent; appointment 3/8/88 Yes: 679 No: 1081 Pulaski 4241 County board of education; elections 11/8/88 Yes: 960 No: 479 Rabun City of Sky Valley 5113 Homestead exemption; city taxes 12/1/87 Yes: 84 No: 11 Stephens 4224 County school superintendent; appointment; vacancies 9/1/87 Yes: 775 No: 2249 Tift City of Tifton 4103 Homestead exemption; city taxes 11/8/88 Yes: 1847 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: 1029 No: 345 Whitfield City of Tunnel Hill 4366 New charter 12/7/87 Yes: 85 No: 33

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Georgia Laws 1989 : County Page No. SUBJECT Date of Election Result Bartow City of Cartersville 4746 City of CartersvilleHomestead Exemption 11/7/89 Yes: 1208 No: 143 Chatham City of Port Wentworth 5105 City of Port WentworthCorporate Limits 9/12/89 Corporate Limits: Yes: 292 No: 58 Unincorporated Area: Yes: 50 No: 24 Cherokee 4295 Cherokee CountyBoard of Commissioners; Creation 11/7/89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of AthensRedevelopment Powers 11/7/89 Yes: 919 No: 725 Clayton 4905 Clayton CountyBoard of Education; Elections; Composition; Districts; County School Superintendent; Election 8/15/89 Yes: 1673 No: 2007 Clayton 4818 Redevelopment Powers 8/15/89 Yes: 1879 No: 1755 Cobb 4266 Cobb CountyRedevelopment Powers 7/17/90 Yes: 27511 No: 27847 Cobb City of Smyrna 3878 City of SmyrnaHomestead Exemption 4/4/89 Yes: 1714 No: 107 Cobb City of Smyrna 4896 City of SmyrnaHomestead Exemption 4/4/89 Yes: 1641 No: 156 Dougherty City of Albany 4802 City of AlbanyMayor and Commissioners; Elections; Terms 8/8/89 Yes: 11373 No: 2489 Dougherty City of Albany 4062 City of AlbanyHomestead Exemption 8/8/89 Yes: 12173 No: 1553 Effingham Town of Rincon 4024 Town of RinconHomestead Exemption 11/7/89 Yes: 427 No: 27 Fannin City of Blue Ridge 3823 City of Blue RidgeNew Charter 5/27/89 Fannin County: Yes: 4 No: 57 City of Blue Ridge: Yes: 123 No: 96 Fulton City of Atlanta 4229 City of Atlanta and City of Atlanta School districtHomestead Exemption 11/6/90 Yes: 44047 No: 7769 Harris City of Shiloh 4084 City of ShilohHomestead Exemption Referendum Not held Henry 4829 Henry CountyBoard of Commissioners; Chairman; Election Superseded by Ga. L. 1990, p. 5232 Liberty City of Hinesville 4782 Mayor and council; elections; terms; districts Superseded by Ga. L. 1990, p. 4047 Lowndes 3578 County board of education; membership; districts; elections Repealed by Ga. L. 1990, p. 3529 Spalding 3802 Griffin-Spalding County Charter Commission; creation 4/9/91 Yes: 2957 No: 5549 Whitfield 4901 County board of education; terms; elections Referendum Not held Georgia Laws 1989 Extraordinary Session : County Page No. SUBJECT Date of Election Result Gwinnett City of Berkeley Lake 72 Mayor and Councilmembers; eletions; terms; mayor's veto powers 12/2/89 Yes: 201 No: 43

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Georgia Laws 1990 : County Page No. SUBJECT Date of Election Result Appling 4142 Board of commissioners; terms 11/6/90 Yes: 1759 No: 908 Appling 4720 County board of education; members; terms 11/6/90 Yes: 1767 No: 900 Ben Hill 4435 County board of education; elections; terms; districts; vacancies 8/28/90 Yes: 238 No: 22 Ben Hill City of Fitzgerald 4146 Homestead exemption; city taxes 11/20/90 Yes: 722 No: 100 Berrien 4703 Board of commissioners; compensation; composition Not held Catoosa 4481 Comprehensive land use plan; advisory referendum 7/17/90 Yes: 2276 No: 1651 Catoosa 4984 Homestead exemption; county school district taxes 11/6/90 Yes: 6069 No: 1495 Charlton City of Folkston 4217 Corporate limits Not held Chatham 3992 Board of commissioners; chairman; term 11/6/90 Yes: 23981 No: 7149 Chatham City of Pooler 4202 Homestead exemption; city taxes 11/6/90 Yes: 645 No: 64 Chatham 5146 Homestead exemption; county taxes 11/6/90 Yes: 25777 No: 5162 Chatham City of Savannah 3995 Mayor; terms 11/6/90 Yes: 12513 No: 4729 Clarke 4711 County board of education; membership; elections 11/6/90 Yes: 13458 No: 3288 Clarke and City of Athens 3560 Unified government; officers; employees; powers; duties 8/7/90 Yes: 11572 No: 8110 Clayton 4632 County school superintendent; Election 11/6/90 Yes: 21629 No: 11275 Clayton 4378 Governing authority and board of education; tax millage rates 11/6/90 Yes: 19433 No: 12594 Clayton 4635 County board of education; election; terms; districts 11/6/90 Yes: 16902 No: 15137 Clayton City of Riverdale 5267 Homestead exemption; city taxes 10/13/90 Yes: 797 No: 100 Cobb City of Marietta 4390 Ad valorem tax; public schools Not held Crawford 4331 Board of commissioners; compensation 11/6/90 Yes: 294 No: 1184 DeKalb 3978 Homestead exemption; county taxes 11/6/90 Yes: 47225 No: 56619 DeKalb 5272 DeKalb County School District; millage rates 11/6/90 Yes: 63540 No: 34207 DeKalb 3900 Code of ethics; board of ethics; members; powers; duties 11/6/90 Yes: 104297 No: 12387 Douglas 3643 Homestead Exemption; school district taxes 7/17/90 Yes: 7185 No: 1936 Douglas 3650 Board of commissioners; membership; elections 7/17/90 Yes: 6428 No: 3293 Douglas 3662 Homestead Exemption; county taxes 7/17/90 Yes: 6836 No: 2309 Douglas 3658 Homestead Exemption; county taxes 7/17/90 Yes: 7422 No: 1813 Effingham 4035 Homestead Exemption; school district taxes 11/6/90 Yes: 3444 No: 423 Fayette 4317 County school superintendent; appointment; term 11/6/90 Yes: 5949 No: 11075 Forsyth 4680 Homestead exemption; school eistrict taxes 11/6/90 Yes: 7969 No: 1992 Fulton City of Hapeville 3665 Redevelopment powers 11/6/90 Yes: 825 No: 396 Fulton City of College Park 4238 Homestead exemption; city taxes 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: 1758 No: 3426 Gwinnett City of Buford 4291 Homestead Exemption; city taxes 11/3/90 Yes: 755 No: 117 Gwinnett 3774 Homestead exemption; school district taxes 11/6/90 Yes: 67424 No: 21536 Gwinnett City of Norcross 3941 Homestead Exemption; city taxes 6/5/90 Yes: 135 No: 7 Gwinnett City of Lilburn 4469 Homestead exemption; city taxes 5/22/90 Yes: 401 No: 26 Haralson 3868 Board of commissioners; creation; elections; powers; duties 7/17/90 Yes: 1907 No: 2008 Harris City of Shiloh 3840 Homestead exemption; city taxes 11/6/90 Yes: 73 No: 21 Henry 5232 Board of Commissioners; chairman; election 11/6/90 Yes: 8376 No: 4952 Henry 4474 County school superintendent; appointment 11/6/90 Yes: 4085 No: 9950 Henry 4476 County board of education; members; elections 11/6/90 Yes: 9217 No: 4270 Jefferson 4224 County board of education and school superintendent 7/17/90 Yes: 1927 No: 909 Jones 3790 Homestead exemption; county taxes 7/17/90 Yes: 1854 No: 390 Lamar 4022 Magistrate court; chief magistrate; selection 11/6/90 Yes: 1424 No: 544 Liberty 4045 Enhanced 911 emergency telephone service 11/6/90 Yes: 1754 No: 579 Liberty City of Hinesville 4047 Mayor adn council; election; terms 11/6/90 Yes: 815 No: 367 McIntosh 4781 County school superintendent; appointment 11/6/90 Yes: 832 No: 1046 Monroe City of Forsyth 4764 Homestead exemption; city taxes 11/6/90 Yes: 806 No: 149 Monroe 4547 Board of commissioners; compensation 11/6/90 Yes: 901 No: 2856 Murray 3845 Board of Commissioners; creation; members; elections; districts 11/6/90 Yes: 2065 No: 1509 Murray 3668 County board of education; powers; duties; elections; terms 11/6/90 Yes: 2240 No: 974 Peach 4589 Board of commissioners; redevelopment powers 7/17/90 Yes: 837 No: 615 Peach 4155 County board of education; election; terms 11/6/90 Yes: 2686 No: 971 Pulaski 4415 County board of education; members; non/partisan elections Not held Rockdale 4654 County board of education; election 11/6/90 Yes: 9713 No: 4088 Spalding City of Griffin 4596 Board of commissioners; chairman; powers; duties Not held Spalding City of Griffin 3734 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption; city taxes Referendum Not held Tattnall City of Reidsville 4918 Mayor; Terms of Office 11/6/90 Yes: 219 No: 334 Toombs 4603 County School Superintendent; Appointment 11/6/90 Yes: 545 No: 1121 Twiggs 3935 Homestead exemptions; county and county school district taxes 7/17/90 Yes: 1171 No: 319 Upson City of Thomaston 3794 Merger Upson County School Systems and City of Thomaston Independent School System;board of education; membership 7/17/90 Upson County : Yes: 2269 No: 1227 City of Thomaston : Yes: 1673 No: 1055 Walton City of Social Circle 4159 Homestead Exemption;city school district taxes; Disabled Residents 7/17/90 Yes: 246 No: 60 Walton City of Social Circle 4171 Homestead Exemption city School District taxes 7/17/90 Yes: 248 No: 39 Walton 4351 Homestead Exemption; county school district taxes 7/17/90 Yes: 2639 No: 369 Wilkes 4592 County Board of Education; Election; Terms 11/6/90 Yes: 1801 No: 442 Wilkinson City of Ivey 3787 Homestead Exemption; city taxes 12/6/90 Yes: 175 No: 14 Wilkinson 4925 Homestead Exemption; county taxes 7/17/90 Yes: 798 No: 98 Georgia Laws 1991 : County Page No. SUBJECT Date of Election Result Bartow 4478 County School Superintendent; Appointment 9/17/91 Yes: 909 No: 1621 Ben Hill 3772 County School Superintendent; Appointment 9/17/91 Yes: 449 No: 490 Ben Hill 3753 Board of commissioners; members; posts; election; terms 3/3/92 Yes: 1268 No: 580 Chatham City of Savannah 3776 City of Savannah and Chatham County Board of Public Education; Members; elections; Vacancies 11/3/92 Yes: 35958 No: 10709 Chattooga 4274 Board of Commissioners; Creation 3/3/92 Yes: 779 No: 3795 Cherokee 3627 County Board of Education; Members; Vacancies; Residency Not held Cherokee 3855 Homestead exemption; county school district taxes 11/3/92 Yes: 18240 No: 3269 Cobb City of Acworth 3576 Special elections for approval of expenditure of proceeds from sale of water and sewer system Not held Cobb City of Austell 4508 Homestead Exemption; city taxes 11/5/91 Yes: 347 No: 26 Cobb City of Smyrna 4693 Homestead Exemption; city taxes See 1992 / Act #859 Columbia 3986 County Board of Education and school superintendent 11/5/91 Yes: 4750 No: 8360 Dade 3893 Board of Commissioners; Creation 3/3/92 Yes: 1567 No: 1262 Douglas City of Douglasville 4297 Douglasville-Douglas County Charter Commission; Creation Not held Franklin 4681 Board of Commissioners; Creation 3/3/92 Yes: 1883 No: 1671 Fulton 3747 Fulton County School District; Homestead Exemption 11/3/92 Yes: 85563 No: 25354 Fulton City of Fairburn 3581 Homestead Exemption; city taxes 6/27/91 Yes: 252 No: 15 Fulton City of College Park 4422 Wards; Election Date 9/17/91 Yes: 301 No: 49 Gwinnett City of Sugar Hill 4675 Homestead Exemption; city taxes 10/26/91 Yes: 527 No: 37 Not held Harris City of Hamilton 3973 Municipal Court; Penalties Repealed by Ex. Sess. Act #11 Muscogee 4255 City-County Government and School Taxes; Homestead Valuation; Local Constitutional Amendments Repealed 11/5/91 Yes: 5731 No: 24247 Muscogee 4259 Homestead Exemption; County and School District Taxes; Disabled Veterans 11/5/91 Yes: 25203 No: 4579 Muscogee 4265 Homestead exemptions; County and School District Taxes 11/5/91 Yes: 27198 No: 2640 Newton 4328 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 10026 No: 2314 Oconee 3822 County School Superintendent; Appointment 11/5/91 Yes: 795 No: 1286 Pickens 3851 Homestead Exemption; county school district taxes 11/3/92 Yes: 3827 No: 634 Pickens 4212 Board of Commissioners; Creation 3/3/92 Yes: 1377 No: 2081 Pike 3695 Homestead Exemption; county school district taxes 11/3/92 Yes: 2665 No: 697 Pulaski 4175 County Board of Education; Restatement of Law 7/21/92 Yes: 1173 No: 504 Rabun 4555 County School Superintendent; Appointment Not held Spalding City of Griffin 4604 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption 11/5/91 Yes: 1695 No: 235 Troup City of Hogansville 4427 County School Taxes; Maximum Millage Rate Not held Washington 3759 County Board of Education; Reconstitution; school superintendent 3/3/92 Yes: 1463 No: 709 Whitfield 3638 County Board of Education; Terms 3/3/92 Yes: 3164 No: 750

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Georgia Laws 1991 Extraordinary Session : County Page No. SUBJECT Date of Election Result Butts 473 Solid Waste Landfill; Advisory Referendum 11/5/91 Public: 1748 Private: 878 Camden City of St. Marys 460 Homestead Exemption; city taxes 12/3/91 Yes: 659 No: 87 Elbert 370 Board of Commissioners; Chairman; County Administrator 3/3/92 Yes: 2068 No: 1056 Troup City of Hogansville 476 Ad Valorem School Taxes Not held Ware 445 County Board of Education; School Superintendent 3/3/92 Yes: 2673 No: 573

Page CCCLXVI

Georgia Laws 1992 : County Page No. SUBJECT Date of Election Result Baldwin 6709 Magistrate Court; Chief Magistrate and Magistrates 11/3/92 Yes: 8494 No: 1080 Bartow 6484 Chairperson and Board of Commissioners; Creation 7/21/92 Yes: 1993 No: 2802 Berrien 5221 Board of Education; Districts; elections 7/21/92 Yes: 2534 No: 1453 Bryan 4551 Board of Education; Districts; Terms 7/21/92 Yes: 1853 No: 553 Bryan 4592 Board of Commissioners; Districts; Terms; Vacancies 7/21/92 Yes: 1514 No: 939 Camden City of Kingsland 5686 Homestead Exemption; city taxes 7/21/92 Yes: 211 No: 19 Carroll 6514 Homestead exemptions; County and School District Taxes 11/3/92 Yes: 13278 No: 2669 Carroll City of Carrollton 5906 Homestead Exemption; School District Taxes 11/3/92 Yes: 3270 No: 746 Catoosa 5981 Catoosa Utility District and Board of Utilities Commissioners; abolition 11/3/92 Yes: 3354 No: 9649 Chatham City of Pooler 7019 Corporate Limits 11/3/92 Yes: 1205 No: 255 Chattooga City of Summerville 6308 City Manager; Mayor Option Referendum Not held Clarke 6241 Homestead Exemption; County and School District Taxes 7/21/92 Yes: 7898 No: 1112 Clayton 6146 Homestead Exemption; County Taxes 7/21/92 Yes: 18324 No: 4429 Cobb City of Powder Springs 6237 Homestead Exemption; City Taxes 11/3/92 Yes: 2433 No: 536 Cobb City of Smyrna 5725 Homestead Exemption; City Taxes 7/21/92 Yes: 3222 No: 513 Columbia 6175 Homestead exemptions; County and School District Taxes 11/3/92 Yes: 21586 No: 4446 DeKalb 6845 Homestead Exemption; School District Taxes 11/3/92 Yes: 112095 No: 48244 DeKalb 6624 Homestead Exemption; School District Taxes 11/3/92 Yes: 82790 No: 73413 DeKalb 6137 Governing Authority; Definition; Code of Ethics, Sanctions 11/3/92 Yes: 125095 No: 51405 DeKalb 6323 Homestead Exemption; County Taxes 11/3/92 Yes: 129830 No: 53377 DeKalb 5720 Homestead Exemption; county school District Taxes 11/3/92 Yes: 131414 No: 43365 DeKalb 6566 Commission; Districts; elections 7/21/92 Yes: 46257 No: 22459 Floyd 5383 Homestead Exemption; County Taxes 11/3/92 Yes: 14905 No: 9240 Floyd 5466 Board of Commissioners; Terms 11/3/92 Yes: 15052 No: 10621 Floyd 5902 Homestead Exemption; county school District Taxes 11/3/92 Yes: 6032 No: 2580 Forsyth 5052 County board of Education; Laws Restated 7/21/92 Yes: 6402 No: 1183 Forsyth City of Cumming 6601 Cumming-Forsyth County Charter Commission; creation 11/3/92 Yes: 7566 No: 8408 Forsyth 6300 Homestead Exemption; county School District Taxes 11/3/92 Yes: 12682 No: 3513 Franklin 4770 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 3731 No: 867 Fulton 6563 Homestead Exemption; County Taxes 11/3/92 Yes: 124659 No: 68198 Fulton City of Alpharetta 6449 Mayor and Council; Districts; elections; Terms 7/21/92 Yes: 640 No: 1656 Fulton City of Atlanta 7007 Homestead Exemption; City Taxes 11/3/92 Yes: 58142 No: 35594 Fulton City of Atlanta 7003 Homestead Exemption; School District Taxes 11/3/92 Yes: 66039 No: 32340 Fulton 6583 Homestead Exemption; County Taxes 11/3/92 Yes: 121003 No: 77010 Gwinnett City of Suwannee 6524 Homestead Exemption; City Taxes Referendum To Be held 11/93 Hart 5574 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 4094 No: 1518 Heard 6107 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 2362 No: 480 Jackson 5452 Homestead Exemption; County and School District Taxes Referendum Not held Jackson City of Jefferson 5888 Homestead Exemption; City and City School District Taxes Not held Jasper 6508 Homestead Exemption; County Taxes 11/3/92 Yes: 1267 No: 848 Jones 5389 Homestead Exemption; County Taxes 7/21/92 Yes: 2749 No: 969 Lowndes 5827 County board of Education; Membership; elections; Districts 11/3/92 Yes: 5301 No: 3430 Madison 4726 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 3734 No: 932 McIntosh 6500 McIntosh County Industrial Development Authority; retention 11/3/92 Yes: 1342 No: 1016 Murray 6246 County School Superintendent; Appointment 11/3/92 Yes: 1771 No: 3962 Muscogee 6629 County Board of Education; Composition; Districts; Taxes 11/3/92 Yes: 30455 No: 10920 Muscogee 5365 Homestead Exemption; County and School District Taxes; Bonded Indebtedness 11/3/92 Yes: 24510 No: 12796 Newton 6587 Motor Vehicle Registration Periods 7/21/92 Yes: 2556 No: 2241 Paulding 5788 Board of Commissioners;composition; elections; Districts 11/3/92 Yes: 1785 No: 2944 Polk 6361 Homestead Exemption; County and School District Taxes 11/3/92 Yes: 5292 No: 1442 Rabun City of Sky Valley 6111 Homestead Exemption; City Taxes 11/3/92 Yes: 85 No: 11 Rabun 5472 Homestead Exemption; County Taxes 11/3/92 Yes: 3356 No: 503 Rockdale 5351 Homestead Exemption; County School District Taxes 11/3/92 Yes: 16414 No: 4668 Sumter 5171 Board of Education; Reconstitution; Districts; Terms 7/21/92 Yes: 738 No: 299 Telfair 6358 Board of Education; Vacancies 7/21/92 Yes: 2897 No: 312 Towns 6853 Board of Education; Appointment 7/21/92 Yes: 1067 No: 135 Troup 5459 Homestead Exemption; County and School District Taxes Referendum Not held Troup City of Hogansville 6218 Ad Valorem School Taxes; Maximum Millage Rate 7/21/92 Yes: 184 No: 421 Twiggs 6502 Homestead Exemption; County School District Taxes 7/21/92 Yes: 1547 No: 289 Upson 5823 Thomaston-Upson County School District; Homestead Exemption 11/3/92 Yes: 7743 No: 1245 Walton 5892 County board of Education; Districts; Terms; elections; Compensation 7/21/92 Yes: 1979 No: 3149 Wilkinson 6312 Homestead Exemption; School District Taxes 7/21/92 Yes: 775 No: 127 Georgia Laws 1993: County Page No. SUBJECT Date of Election Result Bibb 4866 Board of education; school taxes; budgets; compensation 11/2/93 Yes: 6321 No: 8815 Bulloch City of Statesboro 4418 Corporate limits 6/15/93 Yes: 1237 No: 371 Butts 4470 Advisory referendum on type of government 3/15/94 Yes: 743 No: 1019 Candler City of Metter 4386 Metter/Candler County Charter Commission; creation; consolidation of governments Not held Clayton 4452 Homestead exemption; county taxes 11/2/93 Yes: 11260 No: 2369 Clayton City of Morrow 4446 Homestead exemption; city taxes 11/2/93 Yes: 268 No: 19 Cobb 4441 Homestead exemption; county taxes 11/8/94 Yes: No: Gordon 4827 Homestead exemption; county school district taxes 9/21/93 Yes: 3004 No: 582 Gordon City of Calhoun 4823 Homestead exemption; city school district taxes 9/21/93 Yes: 1057 No: 191 Gwinnett City of Duluth 4730 Homestead exemptions; city taxes 11/2/93 Each Resident : Yes: 1064 No: 89 Residents 65 or older or disabled : Yes: 1107 No: 60 Lamar 5117 Homestead exemptions; county and school district taxes 11/8/94 County taxes : Yes: No: School district taxes : Yes: No: Schley City of Ellaville 5316 Ellaville-Schley County Charter Commission; consolidation of governments Not held Tift City of Tifton 4278 Homestead exemption; city taxes 11/2/93 Yes: 972 No: 54 Troup 5112 Homestead exemption; county taxes 11/2/93 Yes: 5122 No: 496 Troup City of LaGrange 3909 Mayor and council; composition; districts 6/15/93 Option 1: 522 Option 2: 350 Troup City of LaGrange 3941 Mayor and council; elections 6/15/93 Yes: 537 No: 328 Whitfield City of Dalton 4187 Homestead exemption; city taxes 11/2/93 Yes: 2341 No: 246 Whitfield City of Dalton 4191 Homestead exemption; Dalton Independent School District taxes Not held

Page CCCLXXIV

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 ZELL MILLER GOVERNOR April 21, 1994 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bill 395 which was passed by the General Assembly of Georgia at the 1994 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 bill and corresponding reasons for its 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 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 21, 1994 Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bill 572, 1748, 1784 and House Resolution 814 which was passed by the General Assembly of Georgia at the 1994 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 bill and corresponding reasons for its 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

Page CCCLXXVI

VETO NUMBER SEVENTEEN HOUSE BILL 1748 House Bill 1748 amends the Newton County Water and Sewerage Authority Act. After passage, the author of the bill discoverd a mistake in the bill and requested its veto. Therefore, at the request of the author, I hereby veto House Bill 1748 on technical grounds. VETO NUMBER EIGHTEEN HOUSE RESOLUTION 814 House Resolution 814 authorizes the conveyance of state-owned property. Unfortunately, the resolution contained an error in the legal description of the property. Therefore, at the request of the author, I hereby veto House Resolution 814 on technical grounds. VETO NUMBER NINETEEN HOUSE BILL 572 House Bill 572 attempts to amend the law relating to specialized land transactions but was passed by the General Assembly without an enabling clause. The lack of an enabling clause could subject the bill to a successful challenge. Therefore, the author of House Bill 572 later incorporated the provisions of House Bill 572 into another bill passed by the General Assembly this year. At the request of the author, I hereby veto House Bill 572 on technical grounds. VETO NUMBER TWENTY HOUSE BILL 1784 House Bill 1784 would permit a sentencing judge to designate a county jail as the place of confinement of a convicted felon under certain circumstances. Currently, the law requires that all convicted felons are committed to the custody of the Department of Corrections for diagnostics and assignment. House Bill 1784 would also permit the award of good time to those felons sentenced to county jails. Currently, good time is not avaliable to felons serving time in state correctional facilities.

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The designation by the court of certain favored inmates who because of certain skills possessed or because of their status in the community could stay in their home county jail, work on county jail detail, and receive good time allowance would lead to injustices and inequities in sentencing and punishment. Because good time is not available to state-incarcerated inmates, felons sentenced to county jails would serve significantly reduced terms of confinement than those felons convicted for exactly the same offense but sentenced to state correctional institutions. I cannot sign a bill into law which in my opinion would have a disparate effect on sentencing and punishment in this State and would result in a reduction of confinement time for certain felons. For these reasons, I hereby veto House Bill 1784. VETO NUMBER TWENTY-ONE SENATE BILL 395 Senate Bill 395 imposes the same procedural requirements for short-term school suspensions as are currently required for long-term suspensions and expulsions. It also attempts to provide for greater parental involvement when students are identified as chronic disciplinary problems. I support that portion of the bill which provides for greater parental involvement and I will request the State Board of Education to encourage school principals to provide for school visits and parent-teacher conferences for chronic disciplinary problems. What I cannot support is that portion of the bill which significantly limits a fundamental tool of the school principalthe short-term suspensionwithout the necessity of going through a formal hearing process. Senate Bill 395 would require students who are chronic disciplinary problems and whose cumulative short-term suspensions within a grading period exceed 12 days be afforded a formal hearing with appeals to the local school board and potentially to the state board and the courts. This could create a logjam of disciplinary cases. It also would limit the school's ability to deal quickly and effectively with student disciplinary matters just at the time when schools must be more assertive in dealing with such problems. It would also impede efforts to place chronic disciplinary problems in alternative schools.

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DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 CLAUDE L. VICKERS STATE AUDITOR (404) 656-2174 May 9, 1994 STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1994 LEGISLATIVE SESSION The Honorable Max Cleland Secretary of State State Capitol, Room 214 Atlanta, Georgia 30334 Dear Mr. Cleland: As required by Code Section 47-20-50.1 (effective March 11, 1987), the following report is submitted for printing in the annual session laws of the State of Georgia. The report covers all retirement bills having a fiscal impact that had actuarial evaluations and were enacted during the 1994 legislative session. The report is organized by retirement system and determines for each bill whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the State Auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. This report complies with this requirement. Sincerely, Claude L. Vickers State Auditor CLV/by

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I believe that our teachers, principals and schools must be given effective and efficient tools to improve discipline with their schools and that this bill would severely limit those tools. For these reasons, I hereby veto Senate Bill 395.

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Retirement System Bill No. Act No. Title of Bill Funding Determination Employees' Retirement System of Georgia HB 158 1248 Employees' Retirement System; certain military service credit Provision not made for concurrent funding HB 192 999 Employees' Retirement; Indigent Defense Council Provision made for concurrent funding HB 260 959 Employees' Ret: creditable service; forfeited leave Provision made for concurrent funding HB 419 1100 Employees' Retirement; cert leave without pay; service credit Provision made for concurrent funding HB 632 998 Employees' Retirement; Ga Music Hall of Fame Authority employees Provision made for concurrent funding HB 633 996 Superior Court Judges Retirement; increase benefits Provision made for concurrent funding HB 670 1249 Employees' Ret; co probation and intake employees; transfer credit Provision not made for concurrent funding HB 671 997 Employees' Retirement; certain county employees; transfer credit Provision made for concurrent funding HB 685 797 Employees' Retirement; Agrirama Development Authority service Provision made for concurrent funding HB 807 800 Employees' Retirement; certain hospital authorities; serv credit Provision made for concurrent funding HB 959 802 Employees' Ret; cert agricultural commodity comm emp; serv credit Provision made for concurrent funding HB 1153 1005 Employees' Retirement; county DFACS; service credit Provision made for concurrent funding SB 377 851 Employees' Ret; Lake Lanier Islands Dev Auth; membership Provision made for concurrent funding Teachers Retirement System of Georgia HB 230 1002 Teachers Retirement; creditable service; pregnancy leave Provision not made for concurrent funding HB 419 1100 Employees' Retirement; cert leave without pay; service credit Provision made for concurrent funding Public School Employees Retirement System HB 419 1100 Employees' Retirement; cert leave without pay; service credit Provision made for concurrent funding Georgia Firemen's Pension Fund HB 419 1100 Employees' Retirement: cert leave without pay; service credit Provision made for concurrent funding SB 82 995 Firemen's Pension: vesting; early retirement Provision made for concurrent funding Superior Court Judges Retirement Fund of Georgia HB 147 1000 Senior Judge: repeal prohibition against holding public office Provision made for concurrent funding Superior Court Judges Retirement System SB 253 765 Superior Court Judges Retirement; spousal benefits Provision made for concurrent funding Trial Judges and Solicitors Retirement Fund HB 147 1000 Senior Judge: repeal prohibition against holding public office Provisions made for concurrent funding HB 1020 803 Trial Judges and Solicitors Ret; spousal benefits; contributions Provision not made for concurrent funding Judges of the Probate Courts Retirement Fund of Georgia HB 1091 804 Judges of the Probate Courts Retirement; certain membership Provision made for concurrent funding District Attorney's Retirement System HB 804 799 District Attorneys' Retirement; increased benefits; over 16 years Provision made for concurrent funding Superior Court Clerks' Retirement Fund of Georgia HB 763 1238 Superior Court Clerks' Retirement; benefits; increase Provision made for concurrent funding Sheriffs' Retirement Fund of Georgia HB 499 793 Sheriffs' Retirement; increase contributions and benefits Provision made for concurrent funding HB 500 794 Sheriffs' Retirement; former members; membership Provision made for concurrent funding Peace Officers' Annuity and Benefit Fund HB 419 1100 Employees' Retirement; cert leave without pay; service credit Provision made for concurrent funding HB 495 792 Peace Officers' Annuity and Benefit; age requirements Provision made for concurrent funding HB 498 1029 Peace Officers' Annuity and Benefit; cert creditable service Provision made for concurrent funding Fulton County Employees' Retirement System HB 1153 1005 Employees' Retirement; county DFACS; service credit Provision made for concurrent funding