Acts and resolutions of the General Assembly of the state of Georgia 1997 [ga1997.1a.p1]

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 19970000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1997 19970000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume One Book One

GEORGIA LAWS 1997 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 Proposed Amendments to the Constituion 1713 VOLUME TWO Acts and Resolutions of Local Application 3501 County and Consolidated Government Home Rule Actions 4623 Municipal Home Rule Actions 4717 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VII Appellate CourtsPersonnel XIV Superior CourtsPersonnel and Calendars XV IndexTabular XXVI IndexGeneral LXIII Population of Georgia CountiesAlphabetically CXXVII Population of Georgia CountiesNumerically CXXXIII Population of Municipalities CXXXV Population of Judicial Circuits CXLVI Georgia Senate Districts, Alphabetically by County CXLIX Georgia Senators, Alphabetically by Name CLI Georgia Senators, Numerically by District CLIV Georgia House Districts, Alphabetically by County CLVII Georgia Representatives, Alphabetically by Name CLIX Georgia Representatives, Numerically by District CLXVI Status of Referendum Elections CLXXIII Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at the 1996 General Election CCCXXIII Vetoes by the Governor CCCXXVI

COMPILER'S NOTE General Acts and Resolutions of the 1997 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constituion of the State of Georgia will be found in Volume I beginning at page 1711. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between March 11, 1996, and April 18, 1997, are printed in Volume II beginning at pages 4623 and 4717, respectively. There are no numbered pages between page 1717, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be compiled and printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, type size has been reduced slightly, the index and other material is now in a separate volume, and future Volumes I or II, or both, may be divided into two or more books. Page numbers will run consecutively between books in the same volume. Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the Governor's proclamation on ratification or rejection of Constitutional amendments at the 1996 general election; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index 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.

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REVENUE AND TAXATION HOMESTEAD OPTION SALES AND USE TAX. Code Title 48, Chapter 8, Article 2A Amended. No. 1 (House Bill No. 60). AN ACT To amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to authorize the proceeds of such tax to be used in part for certain capital outlay projects; to provide for an exception with respect to certain local Act effective date limitations; to change a definition; to change certain provisions with respect to submission to the voters of the questions of imposing and of discontinuing such tax; to change certain provisions with respect to distribution of the proceeds of such tax; 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 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, is amended by striking paragraph (1) of Code Section 48-8-101, relating to definitions, and inserting in its place a new paragraph (1) to read as follows: (1) `Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. SECTION 2. Said article is further amended by striking Code Section 48-8-102, relating to the levy of the homestead option sales and use tax and use of proceeds, and inserting in its place a new Code Section 48-8-102 to read as follows: 48-8-102. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with

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that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fules as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (c) (1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c) (2) (C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under either Article 2 or Article 3 of this chapter.

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Said article is further amended by striking subsection (a) of Code Section 48-8-103, relating to submission to voters to determine imposition of such tax, and inserting in its place a new subsection (a) to read as follows: (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article. 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 of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act: `NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the retail homestead option sales and use tax are approved, then neither the exemption nor the sales and use tax shall become effective.' Such statement shall be followed by the following: `() YES `() NO Shall a retail homestead option sales and use tax of 1 percent be levied within the special district within __________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?' Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this

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subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot. SECTION 4. Said article is further amended by striking subsection (c) of Code Section 48-8-104, relating to administration of such tax and disbursement of proceeds, and inserting in its place a new subsection (c) to read as follows: (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows: (A) A portion of such proceeds shall be expended for the purpose of funding capital outlay projects as follows: (i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed.200; and (ii) Capital outlay projects shall be funded in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article during the previous calendar year; (B) A portion of such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 minus the capital factor times an amount equal to the net amount of sales and use tax collected in the special district

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pursuant to this article for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county tax digest that represent net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph: (i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. SECTION 5. Said article is further amended by striking subsection (a) of Code Section 48-8-106, relating to submission to voters of the question of discontinuing such tax, and inserting in its place a new subsection (a) to read as follows: (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of

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the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article. 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 of the election in the official organ of such county. The ballot shall have written or printed thereon the following: `() YES () NO Shall the 1 percent retail homestead option sales and use tax being levied within the special district within __________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated? SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 to the contrary, 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 January 28, 1997. CRIMES AND OFFENSES RAPE; AGGRAVATED SODOMY; MANDATORY MINIMUM TERMS OF IMPRISONMENT. Code Sections 16-6-1 and 16-6-2 Amended. No. 3 (Senate Bill No. 15). AN ACT To provide that persons who are convicted of rape and aggravated sodomy 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 these serious offenses; to provide for legislative findings; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain penalty provisions applicable to the crimes of rape and aggravated sodomy; 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. The General Assembly declares and finds: (1) That the Sentence Reform Act of 1994, approved April 20, 1994 (Ga. L. 1994, p. 1959), provided that persons convicted of one of seven serious violent felonies shall serve mandatory minimum terms of imprisonment which shall otherwise not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge; (2) That an Act approved April 15, 1996 (Ga. L. 1996, p. 1115), which provided that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy, mistakenly lowered the minimum sentence for these two violent crimes and removed them from the mandatory minimum sentencing provisions of the Sentence Reform Act of 1994; and (3) That the law must be amended to again include the crimes of rape and aggravated sodomy among those violent felonies under which minimum terms of imprisonment must be imposed which shall otherwise not be suspended, probated, stayed, deferred, or otherwise withheld by the sentencing judge. SECTION 2. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is 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 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 16-6-2, relating to the crimes of sodomy and aggravated

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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 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 Section 17-10-6.1 and 17-10-7. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved February 5, 1997. ELECTIONS BALLOT LABELS FOR VOTING MACHINES; FORM OF QUESTIONS. Code Sections 21-2-225 and 21-2-325 Amended. No. 4 (House Bill No. 246). AN ACT [Illegible Text] amend Title 21 of the Official Code of Georgia Annotated, relating to [Illegible Text], so as to change provisions relating to ballot labels for voting [Illegible Text]; to eliminate the maximum limit upon the number of words in ach question to be voted on; to provide an effective date; to provide for [Illegible Text] matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. [Illegible Text] 21 of the Official Code of Georgia Annotated, relating to elections, is [Illegible Text] by striking subsection (b) of Code Section 21-2-325, relating to [Illegible Text] labels for voting machines, and inserting in its place a new [Illegible Text] to read as follows: (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes

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therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. SECTION 2. Said title is further amended by striking subsection (b) of Code Section 21-3-225, relating to ballot labels for voting machines in municipal elections, and inserting in its place a new subsection to read as follows: (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form to be determined by the governing authority in the case of questions to be voted on by the electors of the municipality. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved February 11, 1997. STATE PROPERTY EXCHANGE OF PROPERTY WITH WIGGINS ASSOCIATES. No. 1 (House Resolution No. 139). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Wiggins Associates and the acceptance of certain real property owned by Wiggins Associates located in Bibb County, Georgia, in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, Wiggins Associates is the owner of approximately 0.277 of one acre located on the southwestern boundary of the Macon Technical Institute Campus in Bibb County; and the State of Georgia is the owner of approximately 0.486 of one acre of real property located on the southwestern boundary of the Macon Technical Institute Campus in Bibb County, Georgia; said tracts are more particularly described on a plat of survey dated October 7, 1996, prepared by Thomas W. Hurley, Georgia Registered Land Surveyor No. 2468, 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 the grantee to the State Properties Commission for approval; and WHEREAS, custody of the subject state owned real property is vested in the Department of Technical and Adult Education; and WHEREAS, Wiggins associates is desirous of exchanging the abovedescribed 0.277 of one acre tract for that certain 0.486 of one acre tract of state owned property in order to develop its adjoining property; and WHEREAS, the Department of Technical and Adult Education is desirous of obtaining the above-described 0.277 of one acre tract located on the southwestern boundary of Macon Technical Institute to provide additional access; and WHEREAS, it has been determined that the above-described Wiggins Associates owned property and the state owned property are of equal value; and WHEREAS, the exchange of the above-described tracts of real property would be beneficial both to the State of Georgia and Wiggins Associates. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That, in all matters relating to the conveynace of the herein described state owned real property and the acceptance of the herein described real property owned by Wiggins Associates, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to Wiggins Associates the hereinabove described state owned real property and to accept in consideration therefor from Wiggins Associates the hereinabove described property owned by Wiggins Associates.

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SECTION 3. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. SECTION 4. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. SECTION 5. That the conveyance herein considered shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. SECTION 6. That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 7. That the authorization in this resolution to convey the above-described state owned property to Wiggins Associates and to accept the above-described Wiggins Associates owned property from Wiggins Associates shall expire three years after the date that this resolution becomes effective. SECTION 8. That the authorization in 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 February 18, 1997. GENERAL PROVISIONS EFFECTIVE DATES OF CERTAIN ACTS; NOTICE OF INTENTION TO INTRODUCE LOCAL BILL; COPY. Code Sections 1-3-4.1 and 28-1-14 Amended. No. 5 (House Bill No. 188). AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated relating to laws and statutes, so as to change provisions relating to effective dates of Acts affecting local revenues or expenditures; to specify what types of Acts shall be subject to such requirements; to amend Code Section 28-1-14 of the Official Code of Georgia Annotated, relating to notice of intention to introduce local bills, so as to change the notice requirements relating to local bills amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government or otherwise relating to a county, municipality, or consolidated government; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking Code Section 1-3-4.1, relating to effective dates of Acts affecting local revenues or expenditures, and inserting in its place a new Code section to read as follows: 1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county and municipal governments in Georgia and, furthermore, to recognize that Acts of the General Assembly should not disrupt that process by requiring counties and municipalities to incur additional expenses in the middle of a budget year. (b) No Act of any of the types specified in this subsection shall be effective until the first day of January following passage of the Act. This requirement shall apply with respect to any Act which: (1) Requires that a county or municipality create one or more new personnel positions the cost of which will be paid from county or municipal funds; (2) Requires an increase in the salary, employment benefits, or other compensation of one or more personnel positions the cost of which will be paid from county or municipal funds; or (3) Requires any capital expenditure which will be paid from county or municipal funds. (c) This Code section shall not apply with respect to Acts affecting local school systems. (d) This Code section shall not apply with respect to a local Act when passage of the Act with an earlier effective date has been requested by the governing authority of the affected county or municipality and such request is evidenced by attachment of the request to the Act as provided for in paragraph (3) of subsection (b) of Code Section 28-1-14.

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(e) Any local Act which contains a stated effective date in violation of the requirements of this Code section as presently or formerly amended shall not be invalid. Any local Act becoming law before or after the effective date of this Code section, which local Act contains an effective date in violation of the requirements of this Code section as presently amended, shall become effective on the first day of January following its enactment. Any local Act becoming law prior to the effective date of this Code section, which local Act at the time of its becoming law contained an effective date in violation of the former requirements of this Code section but not in violation of the current requirements of this Code section, shall become effective on the later of the effective date specified in such Act or the effective date of this Code section. SECTION 2. Code Section 28-1-14 of the Official Code of Georgia Annotated, relating to notice of intention to introduce local bills, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b)(1) No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section or during the seven days immediately following the date of publication of such notice. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. For purposes of this subsection, the copy of the notice provided to such governing authority may consist of an actual or photostatic copy of the published notice or a typed restatement of the contents of such notice. (2) An affidavit stating that such notice has been provided as required by this subsection shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. (3) The notice requirement of this subsection shall not apply to a local bill: (A) Which has been requested by resolution or other written notification of the governing authority of the affected county,

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municipality, or consolidated government. A copy of such resolution or other written notification shall be attached to the bill and shall become a part of the bill; (B) Proposing an annexation which is subject to the notice requirements of Code Section 36-36-6; or (C) Affecting any local school system. (4) Any local Act which, prior to the effective date of this Act, was in violation of the requirements of the subsection shall not be invalid. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved February 19, 1997. JAMES A. KAUFMANN HANGING OF PORTRAIT IN THE GEORGIA STATE CAPITOL. No. 2 (House Resolution No. 47). A RESOLUTION Authorizing the hanging of a portrait of James A. Kaufmann, M.D.; and for other purposes. WHEREAS, James A. Kaufmann, M.D., earned his doctor of medicine degree from the University of Tennessee in 1947; and WHEREAS, James A. Kaufmann joined the Medical Association of Georgia in 1953 and has been a member in good standing of the association for more than 40 years; and WHEREAS, James A. Kaufmann has served his community, state, nation, and profession with honor and distinction since 1953 and has received scores of honors and accolades from professional and civic organizations including the Medical Association of Georgia's Distinguished Service Award, the American Medical Association's Benjamin Rush Award for Citizenship and Community Service, the American Society of Internal Medicine's Distinguished Internist Award, the B'nai B'rith Distinguished Service Award, the Christian Council of Metropolitan Atlanta's Outstanding Community Service Award, the NAACP's Humanitarian Award, and many other coveted awards; and

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WHEREAS, James A. Kaufmann, at great personal expense, has provided years of unselfish sacrifice in attending to the medical needs of members of the General Assembly of Georgia and other elected officials; and WHEREAS, James A. Kaufmann was instrumental in establishing the Medical Association of Georgia's Medical Aid Station in the Georgia State Capitol which has been used for decades to attend to the medical needs of members of the General Assembly while they are away from home in service to the state as well as the medical needs of their staff and members of the public who may require medical assistance while visiting Georgia's Capitol. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby expresses its deep appreciation and gratitude for the contributions James A. Kaufmann, M.D., has made to his profession and to the citizens of the State of Georgia. BE IT FURTHER RESOLVED that in recognition of his founding of the Medical Aid Station in Georgia's Capitol, the General Assembly of Georgia hereby authorizes the hanging of the portrait of James A. Kaufmann in the Medical Aid Station. 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 James A. Kaufmann, M.D. Approved February 20, 1997. CONSERVATION AND NATURAL RESOURCES ALABAMA-COOSATALLAPOOSA RIVER BASIN COMPACT. Code Title 12, Chapter 10, Article 7 Enacted. No. 6 (House Bill No. 148). AN ACT To amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Alabama-Coosa-Tallapoosa River Basin Compact; to provide for effectiveness of the compact upon enactment of concurrent legislation by the States of Alabama and Georgia and the United States; to provide for the purposes of the compact with respect to promoting interstate comity, removing causes of controversies, apportioning surface waters, engaging in water planning, and developing and sharing data bases; to provide for the scope of and parties to the compact; to define terms; to provide for conditions under which the compact may be terminated; to create an interstate administrative agency and provide for the members, operations, and powers of such agency; to provide for adoption of an allocation formula for apportionment of surface waters; to provide for certain studies; to provide for relationship of the compact to other laws; to provide for funding for the commission by the member states; to provide for enforcement; 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. Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, is amended by adding at its end a new Article 7 to read as follows: ARTICLE 7 12-10-110. The Alabama-Coosa-Tallapoosa River Basin Compact is enacted into law and entered into by the State of Georgia with any and all jurisdictions legally joining therein in accordance with its terms. The compact is substantially as follows: `ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT The states of Alabama and Georgia and the United States of America hereby agree to the following compact which shall become effective upon enactment of concurrent legislation by each respective state legislature and the Congress of the United States. SHORT TITLE This Act shall be known and may be cited as the Alabama-Coosa-Tallapoosa River Basin Compact and shall be referred to hereafter in this document as the ACT Compact or Compact. ARTICLE I COMPACT PURPOSES This Compact among the states of Alabama and Georgia and the United States of America has been entered into for the purposes of promoting interstate comity, removing causes of present and future controversies, equitably apportioning the surface waters of the ACT, engaging in water planning, and developing and sharing common data bases. ARTICLE II SCOPE OF THE COMPACT This Compact shall extend to all of the waters arising within the drainage basin of the ACT in the states of Alabama and Georgia.

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ARTICLE III PARTIES The parties to this Compact are the states of Alabama and Georgia and the United States of America. ARTICLE IV DEFINITIONS For the purposes of this Compact, the following words, phrases and terms shall have the following meanings: (a) ACT Basin or ACT means the area of natural drainage into the Alabama River and its tributaries, the Coosa River and its tributaries, and the Tallapoosa River and its tributaries. Any reference to the rivers within this Compact will be designated using the letters ACT and when so referenced will mean each of these three rivers and each of the tributaries to each such river. (b) Allocation formula means the methodology, in whatever form, by which the ACT Basin Commission determines an equitable apportionment of surface waters within the ACT Basin among the two states. Such formula may be represented by a table, chart, mathematical calculation or any other expression of the Commission's apportionment of waters pursuant to this compact. (c) Commission or ACT Basin Commission means the Alabama-Coosa-Tallapoosa River Basin Commission created and established pursuant to this Compact. (d) Ground waters means waters within a saturated zone or stratum beneath the surface of land, whether or not flowing through known and definite channels. (e) Person means any individual, firm, association, organization, partnership, business, trust, corporation, public corporation, company, the United States of America, any state, and all political subdivisions, regions, districts, municipalities, and public agencies thereof. (f) Surface waters means waters upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be considered surface waters when it exits from the spring onto the surface of the earth. (g) United States means the executive branch of the government of the United States of America, and any department, agency, bureau or division thereof. (h) Water Resource Facility means any facility or project constructed for the impoundment, diversion, retention, control or regulation of waters within the ACT Basin for any purpose.

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(i) Water resources, or waters means all surface waters and ground waters contained or otherwise originating within the ACT Basin. ARTICLE V CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT This Compact shall not be binding on any party until it has been enacted into law by the legislatures of the states of Alabama and Georgia and by the Congress of the United States of America. ARTICLE VI ACT BASIN COMMISSION CREATED (a) There is hereby created an interstate administrative agency to be known as the ACT Basin Commission. The Commission shall be comprised of one member representing the state of Alabama, one member representing the state of Georgia, and one non-voting member representing the United States of America. The state members shall be known as State Commissioners and the federal member shall be known as Federal Commissioner. The ACT Basin Commission is a body politic and corporate, with succession for the duration of this Compact. (b) The Governor of each of the states shall serve as the State Commissioner for his or her state. Each State Commissioner shall appoint one or more alternate members and one of such alternates as designated by the State Commissioner shall serve in the State Commissioner's place and carry out the functions of the State Commissioner, including voting on Commission matters, in the event the State Commissioner is unable to attend a meeting of the Commission. The alternate members from each state shall be knowledgeable in the field of water resources management. Unless otherwise provided by law of the state for which an alternate State Commissioner is appointed, each alternate State Commissioner shall serve at the pleasure of the State Commissioner. In the event of a vacancy in the office of an alternate, it shall be filled in the same manner as an original appointment. (c) The President of the United States of America shall appoint the Federal Commissioner who shall serve as the representative of all federal agencies with an interest in the ACT. The President shall also appoint an alternate Federal Commissioner to attend and participate in the meetings of the Commission in the event the Federal Commissioner is unable to attend meetings. When at meetings, the alternate Federal Commissioner shall possess all of the powers of the Federal Commissioner. The Federal Commissioner and alternate appointed by the President shall serve until they resign or their replacements are appointed.

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(d) Each state shall have one vote on the ACT Basin Commission and the Commission shall make all decisions and exercise all powers by unanimous vote of the two State Commissioners. The Federal Commissioner shall not have a vote but shall attend and participate in all meetings of the ACT Basin Commission to the same extent as the State Commissioners. (e) The ACT Basin Commission shall meet at least once a year at a date set at its initial meeting. Such initial meeting shall take place within ninety days of the ratification of the Compact by the Congress of the United States and shall be called by the chairman of the Commission. Special meetings of the Commission may be called at the discretion of the chairman of the Commission and shall be called by the chairman of the Commission upon written request of any member of the Commission. All members shall be notified of the time and place designated for any regular or special meeting at least five days prior to such meeting in one of the following ways: by written notice mailed to the last mailing address given to the Commission by each member, by facsimile, telegram or by telephone. The Chairmanship of the Commission shall rotate annually among the voting members of the Commission on an alphabetical basis, with the first chairman to be the State Commissioner representing the State of Alabama. (f) All meetings of the Commission shall be open to the public. (g) The ACT Basin Commission, so long as the exercise of power is consistent with this Compact, shall have the following general powers: (1) to adopt bylaws and procedures governing its conduct; (2) to sue and be sued in any court of competent jurisdiction; (3) to retain and discharge professional, technical, clerical and other staff and such consultants as are necessary to accomplish the purposes of this Compact; (4) to receive funds from any lawful source and expend funds for any lawful purpose; (5) to enter into agreements or contracts, where appropriate, in order to accomplish the purposes of this Compact; (6) to create committees and delegate responsibilities; (7) to plan, coordinate, monitor, and make recommendations for the water resources of the ACT Basin for the purposes of, but not limited to, minimizing adverse impacts of floods and droughts and improving water quality, water supply, and conservation as may be deemed necessary by the Commission; (8) to participate with other governmental and non-governmental entities in carrying out the purposes of this Compact;

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(9) to conduct studies, to generate information regarding the water resources of the ACT Basin, and to share this information among the Commission members and with others; (10) to cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACT Basin; provided, however, that the Commission shall not own or operate a federallyowned water resource facility unless authorized by the United States Congress; (11) to acquire, receive, hold and convey such personal and real property as may be necessary for the performance of its duties under the Compact; provided, however, that nothing in this Compact shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise any right of eminent domain or power of condemnation; (12) to establish and modify an allocation formula for apportioning the surface waters of the ACT Basin among the states of Alabama and Georgia; and (13) to perform all functions required of it by this Compact and to do all things necessary; proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state or the United States. ARTICLE VII EQUITABLE APPORTIONMENT (a) It is the intent of the parties to this Compact to develop an allocation formula for equitably apportioning the surface waters of the ACT Basin among the states while protecting the water quality, ecology and biodiversity of the ACT, as provided in the Clean Water Act, 33 U.S.C. Sections 1251 et seq ., the Endangered Species Act, 16 U.S.C. Sections 1532 et seq ., the National Environmental Policy Act, 42 U.S.C. Sections 4321 et seq ., the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq ., and other applicable federal laws. For this purpose, all members of the ACT Basin Commission, including the Federal Commissioner, shall have full rights to notice of and participation in all meetings of the ACT Basin Commission and technical committees in which the basis and terms and conditions of the allocation formula are to be discussed or negotiated. When an allocation formula is unanimously approved by the State Commissioners, there shall be an agreement among the states regarding an allocation formula. The allocation formula thus agreed upon shall become effective and binding upon the parties to this Compact upon receipt by the Commission of a letter of concurrence with said formula from the Federal Commissioner. If, however, the Federal Commissioner fails to submit a letter of concurrence to the

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Commission within two hundred ten (210) days after the allocation formula is agreed upon by the State Commissioners, the Federal Commissioner shall within forty-five (45) days thereafter submit to the ACT Basin Commission a letter of nonconcurrence with the allocation formula setting forth therein specifically and in detail the reasons for nonconcurrence; provided, however, the reasons for nonconcurrence as contained in the letter of nonconcurrence shall be based solely upon federal law. The allocation formula shall also become effective and binding upon the parties to this Compact if the Federal Commissioner fails to submit to the ACT Basin Commission a letter of nonconcurrence in accordance with this Article. Once adopted pursuant to this Article, the allocation formula may only be modified by unanimous decision of the State Commissioners and the concurrence by the Federal Commissioner in accordance with the procedures set forth in this Article. (b) The parties to this Compact recognize that the United States operates certain projects within the ACT Basin that may influence the water resources within the ACT Basin. The parties to this Compact further acknowledge and recognize that various agencies of the United States have responsibilities for administering certain federal laws and exercising certain federal powers that may influence the water resources within the ACT Basin. It is the intent of the parties to this Compact, including the United States, to achieve compliance with the allocation formula adopted in accordance with this Article. Accordingly, once an allocation formula is adopted, each and every officer, agency, and instrumentality of the United States shall have an obligation and duty, to the maximum extent practicable, to exercise their powers, authority, and discretion in a manner consistent with the allocation formula so long as the exercise of such powers, authority, and discretion is not in conflict with federal law. (c) Between the effective date of this Compact and the approval of the allocation formula under this Article, the signatories to this Compact agree that any person who is withdrawing, diverting, or consuming water resources of the ACT Basin as of the effective date of this Compact, may continue to withdraw, divert or consume such water resources in accordance with the laws of the state where such person resides or does business and in accordance with applicable federal laws. The parties to this Compact further agree that any such person may increase the amount of water resources withdrawn, diverted or consumed to satisfy reasonable increases in the demand of such person for water between the effective date of this Compact and the date on which an allocation formula is approved by the ACT Basin Commission as permitted by applicable law. Each of the state parties to this Compact further agree to provide written notice to each of the other parties to this Compact in the event any person increases the withdrawal, diversion or consumption of such water resources by more than 10 million gallons per day on an average annual daily basis, or in the event any person, who was not

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withdrawing, diverting or consuming any water resources from the ACT Basin as of the effective date of this Compact, seeks to withdraw, divert or consume more than one million gallons per day on an average annual daily basis from such resources. This Article shall not be construed as granting any permanent, vested or perpetual rights to the amounts of water used between January 3, 1992 and the date on which the Commission adopts an allocation formula. (d) As the owner, operator, licensor, permitting authority or regulator of a water resource facility under its jurisdiction, each state shall be responsible for using its best efforts to achieve compliance with the allocation formula adopted pursuant to this Article. Each such state agrees to take such actions as may be necessary to achieve compliance with the allocation formula. (e) This Compact shall not commit any state to agree to any data generated by any study or commit any state to any allocation formula not acceptable to such state. ARTICLE VIII CONDITIONS RESULTING IN TERMINATION OF THE COMPACT (a) This Compact shall be terminated and thereby be void and of no further force and effect if any of the following events occur: (1) The legislatures of the states of Alabama and Georgia each agree by general laws enacted by each state within any three consecutive years that this Compact should be terminated. (2) The United States Congress enacts a law expressly repealing this Compact. (3) The States of Alabama and Georgia fail to agree on an equitable apportionment of the surface waters of the ACT as provided in Article VII(a) of this Compact by December 31, 1998, unless the voting members of the ACT Basin Commission unanimously agree to extend this deadline. (4) The Federal Commissioner submits to the Commission a letter of nonconcurrence in the initial allocation formula in accordance with Article VII(a) of the Compact, unless the voting members of the ACT Basin Commission unanimously agree to allow a single 45 day period in which the non-voting Federal Commissioner and the voting State Commissioners may renegotiate an allocation formula and the Federal Commissioner withdraws the letter of nonconcurrence upon completion of this renegotiation. (b) If the Compact is terminated in accordance with this Article it shall be of no further force and effect and shall not be the subject of any proceeding for the enforcement thereof in any federal or state court.

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Further, if so terminated, no party shall be deemed to have acquired a specific right to any quanity of water because it has become a signatory to this Compact. ARTICLE IX COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA The ACT Basin Commission, in conjunction with one or more interstate, federal, state or local agencies, is hereby authorized to participate in any study in process as of the effective date of this Compact, including, without limitation, all or any part of the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin Comprehensive Water Resource Study, as may be determined by the Commission in its sole discretion. ARTICLE X RELATIONSHIP TO OTHER LAWS (a) It is the intent of the party states and of the United States Congress by ratifying this Compact, that all state and federal officials enforcing, implementing or administering other state and federal laws affecting the ACT Basin shall, to the maximum extent practicable, enforce, implement or administer those laws in furtherance of the purposes of this Compact and the allocation formula adopted by the Commission insofar as such actions are not in conflict with applicable federal laws. (b) Nothing contained in this Compact shall be deemed to restrict the executive powers of the President in the event of a national emergency. (c) Nothing contained in this Compact shall impair or affect the constitutional authority of the United States or any of its powers, rights, functions or jurisdiction under other existing or future laws in and over the area or waters which are the subject of the Compact, including projects of the Commission, nor shall any act of the Commission have the effect of repealing, modifying or amending any federal law. All officers, agencies and instrumentalities of the United States shall exercise their powers and authority over water resources in the ACT Basin and water resource facilities, and to the maximum extent practicable, shall exercise their discretion in carrying out their responsibilities, powers, and authorities over water resources in the ACT Basin and water resource facilities in the ACT Basin in a manner consistent with and that effectuates the allocation formula developed pursuant to this Compact or any modification of the allocation formula so long as the actions are not in conflict with any applicable federal law. The United States Army Corps of Engineers, or its successors, and all other federal agencies and instrumentalities shall cooperate with the ACT Basin Commission in accomplishing the purposes of the Compact and fulfilling the obligations

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of each of the parties to the Compact regarding the allocation formula. (d) Once adopted by the two states and ratified by the United States Congress, this Compact shall have the full force and effect of federal law, and shall supersede state and local laws operating contrary to the provisions herein or the purposes of this Compact; provided, however, nothing contained in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective signatory states relating to water quality, and riparian rights as among persons exclusively within each state. ARTICLE XI PUBLIC PARTICIPATION All meetings of the Commission shall be open to the public. The signatory parties recognize the importance and necessity of public participation in activities of the Commission, including the development and adoption of the initial allocation formula and any modification thereto. Prior to the adoption of the initial allocation formula, the Commission shall adopt procedures ensuring public participation in the development, review, and approval of the initial allocation formula and any subsequent modification thereto. At a minimum, public notice to interested parties and a comment period shall be provided. The Commission shall respond in writing to relevant comments. ARTICLE XII FUNDING AND EXPENSES OF THE COMMISSION Commissioners shall serve without compensation from the ACT Basin Commission. All general operational funding required by the Commission and agreed to by the voting members shall obligate each state to pay an equal share of such agreed upon funding. Funds remitted to the Commission by a state in payment of such obligation shall not lapse; provided, however, that if any state fails to remit payment within 90 days after payment is due, such obligation shall terminate and any state which has made payment may have such payment returned. Costs of attendance and participation at meetings of the Commission by the Federal Commissioner shall be paid by the United States. ARTICLE XIII DISPUTE RESOLUTION (a) In the event of a dispute between the voting members of this Compact involving a claim relating to compliance with the allocation formula adopted by the Commission under this Compact, the following procedures shall govern:

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(1) Notice of claim shall be filed with the Commission by a voting member of this Compact and served upon each member of the Commission. The notice shall provide a written statement of the claim, including a brief narrative of the relevant matters supporting the claimant's position. (2) Within twenty (20) days of the Commission's receipt of a written statement of a claim, the party or parties to the Compact against whom the complaint is made may prepare a brief narrative of the relevant matters and file it with the Commission and serve it upon each member of the Commission. (3) Upon receipt of a claim and any response or responses thereto, the Commission shall convene as soon as reasonably practicable, but in no event later than twenty (20) days from receipt of any response to the claim, and shall determine if a resolution of the dispute is possible. (4) A resolution of a dispute under this Article through unanimous vote of the State Commissioners shall be binding upon the state parties and any state party determined to be in violation of the allocation formula shall correct such violation without delay. (5) If the Commission is unable to resolve the dispute within 10 days from the date of the meeting convened pursuant to subparagraph (a)(3) of this Article, the Commission shall select, by unanimous decision of the voting members of the Commission, an independent mediator to conduct a non-binding mediation of the dispute. The mediator shall not be a resident or domiciliary of any member state, shall not be an employee or agent of any member of the Commission, shall be a person knowledgeable in water resource management issues, and shall disclose any and all current or prior contractual or other relations to any member of the Commission. The expenses of the mediator shall be paid by the Commission. If the mediator becomes unwilling or unable to serve, the Commission by unanimous decision of the voting members of the Commission, shall appoint another independent mediator. (6) If the Commission fails to appoint an independent mediator to conduct a non-binding mediation of the dispute within seventy-five (75) days of the filing of the original claim or within thirty (30) days of the date on which the Commission learns that a mediator is unwilling or unable to serve, the party submitting the claim shall have no further obligation to bring the claim before the Commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies. (7) If an independent mediator is selected, the mediator shall establish the time and location for the mediation session or sessions and may request that each party to the Compact submit, in writing, to the mediator a statement of its position regarding the issue or issue in

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dispute. Such statements shall not be exchanged by the parties except upon the unanimous agreement of the parties to the mediation. (8) The mediator shall not divulge confidential information disclosed to the mediator by the parties or by witnesses, if any, in the course of the mediation. All records, reports, or other documents received by a mediator while serving as a mediator shall be considered confidential. The mediator shall not be compelled in any adversary proceeding or judicial forum to divulge the contents of such documents or the fact that such documents exist or to testify in regard to the mediation. (9) Each party to the mediation shall maintain the confidentiality of the information received during the mediation and shall not rely on or introduce in any judicial proceeding as evidence: a. Views expressed or suggestions made by another party regarding a settlement of the dispute; b. Proposals made or views expressed by the mediator; or c. The fact that another party to the hearing had or had not indicated a willingness to accept a proposal for settlement of the dispute. (10) The mediator may terminate the non-binding mediation session or sessions whenever, in the judgment of the mediator, further efforts to resolve the dispute would not lead to a resolution of the dispute between or among the parties. Any party to the dispute may terminate the mediation process at any time by giving written notification to the mediator and the Commission. If terminated prior to reaching a resolution, the party submitting the original claim to the Commission shall have no further obligation to bring its claim before the Commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies. (11) The mediator shall have no authority to require the parties to enter into a settlement of any dispute regarding the Compact. The mediator may simply attempt to assist the parties in reaching a mutually acceptable resolution of their dispute. The mediator is authorized to conduct joint and separate meetings with the parties to the mediation and to make oral or written recommendations for a settlement of the dispute. (12) At any time during the mediation process, the Commission is encouraged to take whatever steps it deems necessary to assist the mediator or the parties to resolve the dispute. (13) In the event of a proceeding seeking enforcement of the allocation formula, this Compact creates a cause of action solely for equitable relief. No action for money damages may be maintained.

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The party or parties alleging a violation of the Compact shall have the burden of proof. (b) In the event of a dispute between any voting member and the United States relating to a state's noncompliance with the allocation formula as a result of actions or a refusal to act by officers, agencies or instrumentalities of the United States, the provisions set forth in paragraph (a) of this Article (other than the provisions of subparagraph (a) (4) shall apply. (c) The United States may initiate dispute resolution under paragraph (a) in the same manner as other parties to this Compact. (d) Any signatory party who is affected by any action of the Commission, other than the adoption or enforcement of or compliance with the allocation formula, may file a complaint before the ACT Basin Commission seeking to enforce any provision of this Compact. (1) The Commission shall refer the dispute to an independent hearing officer or mediator, to conduct a hearing or mediation of the dispute. If the parties are unable to settle their dispute through mediation, a hearing shall be held by the Commission or its designated hearing officer. Following a hearing conducted by a hearing officer, the hearing officer shall submit a report to the Commission setting forth findings of fact and conclusions of law, and making recommendations to the Commission for the resolution of the dispute. (2) The Commission may adopt or modify the recommendations of the hearing officer within 60 days of submittal of the report. If the Commission is unable to reach unanimous agreement on the resolution of the dispute within 60 days of submittal of the report with the concurrence of the Federal Commissioner in disputes involving or affecting federal interests, the affected party may file an action in any court of competent jurisdiction to enforce the provisions of this Compact. The hearing officer's report shall be of no force and effect and shall not be admissible as evidence in any further proceedings. (e) All actions under this Article shall be subject to the following provisions: (1) The Commission shall adopt guidelines and procedures for the appointment of hearing officers or independent mediators to conduct all hearings and mediations required under this Article. The hearing officer or mediator appointed under this Article shall be compensated by the Commission. (2) All hearings or mediations conducted under this article may be conducted utilizing the Federal Administrative Procedures Act, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence.

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The Commission may also choose to adopt some or all of its own procedural and evidentiary rules for the conduct of hearings or mediations under this Compact. (3) Any action brought under this Article shall be limited to equitable relief only. This Compact shall not give rise to a cause of action for money damages. (4) Any signatory party bringing an action before the Commission under this Article shall have the burdens of proof and persuasion. ARTICLE XIV ENFORCEMENT The Commission may, upon unanimous decision, bring an action against any person to enforce any provision of this Compact, other than the adoption or enforcement of or compliance with the allocation formula, in any court of competent jurisdiction. ARTICLE XV IMPACTS ON OTHER STREAM SYSTEMS This Compact shall not be construed as establishing any general principle or precedent applicable to any other interstate streams. ARTICLE XVI IMPACT OF COMPACT ON USE OF WATER WITHIN THE BOUNDARIES OF THE COMPACTING STATES The provisions of this Compact shall not interfere with the right or power of any state to regulate the use and control of water within the boundaries of the state, providing such state action is not inconsistent with the allocation formula. ARTICLE XVII AGREEMENT REGARDING WATER QUALITY (a) The States of Alabama and Georgia mutually agree to the principle of individual State efforts to control man-made water pollution from sources located and operating within each State and to the continuing support of each State in active water pollution control programs. (b) The States of Alabama and Georgia agree to cooperate, through their appropriate State agencies, in the investigation, abatement, and control of sources of alleged interstate pollution within the ACT River Basin whenever such sources are called to their attention by the Commission. (c) The States of Alabama and Georgia agree to cooperate in maintaining the quality of the waters of the ACT River Basin.

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(d) The States of Alabama and Georgia agree that no State may require another state to provide water for the purpose of water quality control as a substitute for or in lieu of adequate waste treatment. ARTICLE XVIII EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT No state shall acquire any right or expectation to the use of water because of any other state's failure to use the full amount of water allocated to it under this Compact. ARTICLE XIX SEVERABILITY If any portion of this Compact is held invalid for any reason, the remaining portions, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force, effect, and application. ARTICLE XX NOTICE AND FORMS OF SIGNATURE Notice of ratification of this Compact by the legislature of each state shall promptly be given by the Governor of the ratifying state to the Governor of the other participating state. When the two state legislatures have ratified the Compact, notice of their mutual ratification shall be forwarded to the Congressional delegation of the signatory states for submission to the Congress of the United States for ratification. When the Compact is ratified by the Congress of the United States, the President, upon signing the federal ratification legislation, shall promptly notify the Governors of the participating states and appoint the Federal Commissioner. The Compact shall be signed by all three Commissioners as their first order of business at their first meeting and shall be filed of record in the party states.' SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved February 25, 1997. CONSERVATION AND NATURAL RESOURCES APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT. Code Title 12, Chapter 10, Article 6 Enacted. No. 7 (House Bill No. 149). AN ACT To amend Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, so as to enact the Apalachicola-Chattahoochee-Flint River Basin Compact; to provide for effectiveness of the compact upon enactment of concurrent legislation by the States of Alabama, Florida, Georgia, and the United States; to provide for the purposes of the compact with respect to promoting interstate comity, removing causes of controversies, apportioning surface waters, engaging in water planning, and developing and sharing data bases; to provide for the scope of and parties to the compact; to define terms; to provide for conditions under which the compact may be terminated; to create an interstate administrative agency and provide for the members, operations, and powers of such agency; to provide for adoption of an allocation formula for apportionment of surface waters; to provide for certain studies; to provide for relationship of the compact to other laws; to provide for funding for the commission by the member states; to provide for enforcement; 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. Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to interstate compacts, is amended by adding at its end a new Article 6 to read as follows: ARTICLE 6 12-10-100. The Apalachicola-Chattahoochee-Flint River Basin Compact is enacted into law and entered into by the State of Georgia with any and all jurisdictions legally joining therein in accordance with its terms. The compact is substantially as follows: `APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT The states of Alabama, Florida and Georgia and the United States of America hereby agree to the following compact which shall become effective upon enactment of concurrent legislation by each respective state legislature and the Congress of the United States. SHORT TITLE This Act shall be known and may be cited as the Apalachicola-Chattahoochee-Flint River Basin Compact and shall be referred to hereafter in this document as the ACF Compact or Compact. ARTICLE I COMPACT PURPOSES This Compact among the states of Alabama, Florida and Georgia and the United States of America has been entered into for the purposes of

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promoting interstate comity, removing causes of present and future controversies, equitably apportioning the surface waters of the ACF, engaging in water planning, and developing and sharing common data bases. ARTICLE II SCOPE OF THE COMPACT This Compact shall extend to all of the waters arising within the drainage basin of the ACF in the states of Alabama, Florida and Georgia. ARTICLE III PARTIES The parties to this Compact are the states of Alabama, Florida and Georgia and the United States of America. ARTICLE IV DEFINITIONS For the purposes of this Compact, the following words, phrases and terms shall have the following meanings: (a) ACF Basin or ACF means the area of natural drainage into the Apalachicola River and its tributaries, the Chattahoochee River and its tributaries, and the Flint River and its tributaries. Any reference to the rivers within this Compact will be designated using the letters ACF and when so referenced will mean each of these three rivers and each of the tributaries to each such river. (b) Allocation formula means the methodology, in whatever form, by which the ACF Basin Commission determines an equitable apportionment of surface waters within the ACF Basin among the three states. Such formula may be represented by a table, chart, mathematical calculation or any other expression of the Commission's apportionment of waters pursuant to this compact. (c) Commission or ACF Basin Commission means the Apalachicola-Chattahoochee-Flint River Basin Commission created and established pursuant to this Compact. (d) Ground waters means waters within a saturated zone or stratum beneath the surface of land, whether or not flowing through known and definite channels. (e) Person means any individual, firm, association, organization, partnership, business, trust, corporation, public corporation, company, the United States of America, any state, and all political subdivisions, regions, districts, municipalities, and public agencies thereof.

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(f) Surface waters means waters upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be considered surface waters when it exits from the spring onto the surface of the earth. (g) United States means the executive branch of the government of the United States of America, and any department, agency, bureau or division thereof. (h) Water Resource Facility means any facility or project constructed for the impoundment, diversion, retention, control or regulation of waters within the ACF Basin for any purpose. (i) Water resources, or waters means all surface waters and ground waters contained or otherwise originating within the ACF Basin. ARTICLE V CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT This Compact shall not be binding on any party until it has been enacted into law by the legislatures of the states of Alabama, Florida and Georgia and by the Congress of the United States of America. ARTICLE VI ACF BASIN COMMISSION CREATED (a) There is hereby created an interstate administrative agency to be known as the ACF Basin Commission. The Commission shall be comprised of one member representing the state of Alabama, one member representing the state of Florida, one member representing the state of Georgia, and one non-voting member representing the United States of America. The state members shall be known as State Commissioners and the federal member shall be known as Federal Commissioner. The ACF Basin Commission is a body politic and corporate, with succession for the duration of this Compact. (b) The Governor of each of the states shall serve as the State Commissioner for his or her state. Each State Commissioner shall appoint one or more alternate members and one of such alternates as designated by the State Commissioner shall serve in the State Commissioner's place and carry out the functions of the State Commissioner, including voting on Commission matters, in the event the State Commissioner is unable to attend a meeting of the Commission. The alternate members from each state shall be knowledgeable in the field of water resources management. Unless otherwise provided by law of the state for which an alternate State Commissioner is appointed, each alternate State Commissioner shall serve at the pleasure of the State

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Commissioner. In the event of a vacancy in the office of an alternate, it shall be filled in the same manner as an original appointment. (c) The President of the United States of America shall appoint the Federal Commissioner who shall serve as the representative of all federal agencies with an interest in the ACF. The President shall also appoint an alternate Federal Commissioner to attend and participate in the meetings of the Commission in the event the Federal Commissioner is unable to attend meetings. When at meetings, the alternate Federal Commissioner shall possess all of the powers of the Federal Commissioner. The Federal Commissioner and alternate appointed by the President shall serve until they resign or their replacements are appointed. (d) Each state shall have one vote on the ACF Basin Commission and the Commission shall make all decisions and exercise all powers by unanimous vote of the three State Commissioners. The Federal Commissioner shall not have a vote, but shall attend and participate in all meetings of the ACF Basin Commission to the same extent as the State Commissioners. (e) The ACF Basin Commission shall meet at least once a year at a date set at its initial meeting. Such initial meeting shall take place within ninety days of the ratification of the Compact by the Congress of the United States and shall be called by the chairman of the Commission. Special meetings of the Commission may be called at the discretion of the chairman of the Commission and shall be called by the chairman of the Commission upon written request of any member of the Commission. All members shall be notified of the time and place designated for any regular or special meeting at least five days prior to such meeting in one of the following ways: by written notice mailed to the last mailing address given to the Commission by each member, by facsimile, telegram or by telephone. The Chairmanship of the Commission shall rotate annually among the voting members of the Commission on an alphabetical basis, with the first chairman to be the State Commissioner representing the State of Alabama. (f) All meetings of the Commission shall be open to the public. (g) The ACF Basin Commission, so long as the exercise of power is consistent with this Compact, shall have the following general powers: (1) to adopt bylaws and procedures governing its conduct; (2) to sue and be sued in any court of competent jurisdiction; (3) to retain and discharge professional, technical, clerical and other staff and such consultants as are necessary to accomplish the purposes of this Compact; (4) to receive funds from any lawful source and expend funds for any lawful purpose;

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(5) to enter into agreements or contracts, where appropriate, in order to accomplish the purposes of this Compact; (6) to create committees and delegate responsibilities; (7) to plan, coordinate, monitor, and make recommendations for the water resources of the ACF Basin for the purposes of, but not limited to, minimizing adverse impacts of floods and droughts and improving water quality, water supply, and conservation as may be deemed necessary by the Commission; (8) to participate with other governmental and non-governmental entities in carrying out the purposes of this Compact; (9) to conduct studies, to generate information regarding the water resources of the ACF Basin, and to share this information among the Commission members and with others; (10) to cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACF Basin; provided, however, that the Commission shall not own or operate a federally-owned water resource facility unless authorized by the United States Congress; (11) to acquire, receive, hold and convey such personal and real property as may be necessary for the performance of its duties under the Compact; provided, however, that nothing in this Compact shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise any right of eminent domain or power of condemnation; (12) to establish and modify an allocation formula for apportioning the surface waters of the ACF Basin among the states of Alabama, Florida and Georgia; and (13) to perform all functions required of it by this Compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state or the United States. ARTICLE VII EQUITABLE APPORTIONMENT (a) It is the intent of the parties to this Compact to develop an allocation formula for equitably apportioning the surface waters of the ACF Basin among the states while protecting the water quality, ecology and biodiversity of the ACF, as provided in the Clean Water Act, 33 U.S.C. Sections 1251 et seq., the Endangered Species Act, 16 U.S.C. Sections 1532 et seq., the National Environmental Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401

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et seq., and other applicable federal laws. For this purpose, all members of the ACF Basin Commission, including the Federal Commissioner, shall have full rights to notice of and participation in all meetings of the ACF Basin Commission and technical committees in which the basis and terms and conditions of the allocation formula are to be discussed or negotiated. When and allocation formula is unanimously approved by the State Commissioners, there shall be an agreement among the states regarding an allocation formula. The allocation formula thus agreed upon shall become effective and binding upon the parties to this Compact upon receipt by the Commission of a letter of concurrence with said formula from the Federal Commissioner. If, however, the Federal Commissioner fails to submit a letter of concurrence to the Commission within two hundred ten (210) days after the allocation formula is agreed upon by the State Commissioners, the Federal Commissioner shall within forty-five (45) days thereafter submit to the ACF Basin Commission a letter of nonconcurrence with the allocation formula setting forth therein specifically and in detail the reasons for nonconcurrence; provided, however, the reasons for nonconcurrence as contained in the letter of nonconcurrence shall be based solely upon federal law. The allocation formula shall also become effective and binding upon the parties to this Compact if the Federal Commissioner fails to submit to the ACF Basin Commission a letter of nonconcurrence in accordance with this Article. Once adopted pursuant to this Article, the allocation formula may only be modified by unanimous decision of the State Commissioners and the concurrence by the Federal Commissioner in accordance with the procedures set forth in this Article. (b) The parties to this Compact recognize that the United States operates certain projects within the ACF Basin that may influence the water resources within the ACF Basin. The parties to this Compact further acknowledge and recognize that various agencies of the United States have responsibilities for administering certain federal laws and exercising certain federal powers that may influence the water resources within the ACF Basin. It is the intent of the parties to this Compact, including the United States, to achieve compliance with the allocation formula adopted in accordance with this Article. Accordingly, once an allocation formula is adopted, each and every officer, agency, and instrumentality of the United States shall have an obligation and duty, to the maximum extent practicable, to exercise their powers, authority, and discretion in a manner consistent with the allocation formula so long as the exercise of such powers, authority, and discretion is not in conflict with federal law. (c) Between the effective date of this Compact and approval of the allocation formula under this Article, the signatories to this Compact agree that any person who is withdrawing, diverting, or consuming water resources of the ACF Basin as of the effective date of this Compact, may continue to withdraw, divert or consume such water resources in

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accordance with the laws of the state where such person resides or does business and in accordance with applicable federal laws. The parties to this Compact further agree that any such person may increase the amount of water resources withdrawn, diverted or consumed to satisfy reasonable increases in the demand of such person for water between the effective date of this Compact and the date on which an allocation formula is approved by the ACF Basin Commission as permitted by applicable law. Each of the state parties to this Compact further agree to provide written notice to each of the other parties to this Compact in the event any person increases the withdrawal, diversion or consumption of such water resources by more than 10 million gallons per day on an average annual daily basis, or in the event any person, who was not withdrawing, diverting or consuming any water resources from the ACF Basin as of the effective date of this Compact, seeks to withdraw, divert or consume more than one million gallons per day on an average annual daily basis from such resources. This Article shall not be construed as granting any permanent, vested or perpetual rights to the amounts of water used between January 3, 1992 and the date on which the Commission adopts an allocation formula. (d) As the owner, operator, licensor, permitting authority or regulator of a water resource facility under its jurisdiction, each state shall be responsible for using its best efforts to achieve compliance with the allocation formula adopted pursuant to this Article. Each such state agrees to take such actions as may be necessary to achieve compliance with the allocation formula. (e) This Compact shall not commit any state to agree to any data generated by any study or commit any state to any allocation formula not acceptable to such state. ARTICLE VIII CONDITIONS RESULTING IN TERMINATION OF THE COMPACT (a) This Compact shall be terminated and thereby be void and of no further force and effect if any of the following events occur: (1) The legislatures of the states of Alabama, Florida and Georgia each agree by general laws enacted by each state within any three consecutive years that this Compact should be terminated. (2) The United States Congress enacts a law expressly repealing this Compact. (3) The States of Alabama, Florida and Georgia fail to agree on an equitable apportionment of the surface waters of the ACF as provided in Article VII(a) of this Compact by December 31, 1998, unless the voting members of the ACF Basin Commission unanimously agree to extend this deadline.

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(4) The Federal Commissioner submits to the Commission a letter of nonconcurrence in the initial allocation formula in accordance with Article VII(a) of the Compact, unless the voting members of the ACF Basin Commission unanimously agree to allow a single 45 day period in which the non-voting Federal Commissioner and the voting State Commissioners may renegotiate an allocation formula and the Federal Commissioner withdraws the letter of nonconcurrence upon completion of this renegotiation. (b) If the Compact is terminated in accordance with this Article it shall be of no further force and effect and shall not be the subject of any proceeding for the enforcement thereof in any federal or state court. Further, if so terminated, no party shall be deemed to have acquired a specific right to any quantity of water because it has become a signatory to this Compact. ARTICLE IX COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA The ACF Basin Commission, in conjunction with one or more interstate, federal, state or local agencies, is hereby authorized to participate in any study in process as of the effective date of this Compact, including, without limitation, all or any part of the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin Comprehensive Water Resource Study, as may be determined by the Commission in its sole discretion. ARTICLE X RELATIONSHIP TO OTHER LAWS (a) It is the intent of the party states and of the United States Congress by ratifying this Compact, that all state and federal officials enforcing, implementing or administering other state and federal laws affecting the ACF Basin shall, to the maximum extent practicable, enforce, implement or administer those laws in furtherance of the purposes of this Compact and the allocation formula adopted by the Commission insofar as such actions are not in conflict with applicable federal laws. (b) Nothing contained in this Compact shall be deemed to restrict the executive powers of the President in the event of a national emergency. (c) Nothing contained in this Compact shall impair or affect the constitutional authority of the United States or any of its powers, rights, functions or jurisdiction under other existing or future laws in and over the area or waters which are the subject of the Compact, including projects of the Commission, nor shall any act of the Commission have the effect of repealing, modifying or amending any federal law. All

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officers, agencies and instrumentalities of the United States shall exercise their powers and authority over water resources in the ACF Basin and water resource facilities, and to the maximum extent practicable, shall exercise their discretion in carrying out their responsibilities, powers, and authorities over water resources in the ACF Basin and water resource facilities in the ACF Basin in a manner consistent with and that effectuates the allocation formula developed pursuant to this Compact or any modification of the allocation formula so long as the actions are not in conflict with any applicable federal law. The United States Army Corps of Engineers, or its successors, and all other federal agencies and instrumentalities shall cooperate with the ACF Basin Commission in accomplishing the purposes of the Compact and fulfilling the obligations of each of the parties to the Compact regarding the allocation formula. (d) Once adopted by the three states and ratified by the United States Congress, this Compact shall have the full force and effect of federal law, and shall supersede state and local laws operating contrary to the provisions herein or the purposes of this Compact; provided, however, nothing contained in this Compact shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective signatory states relating to water quality, and riparian rights as among persons exclusively within each state. ARTICLE XI PUBLIC PARTICIPATION All meetings of the Commission shall be open to the public. The signatory parties recognize the importance and necessity of public participation in activities of the Commission, including the development and adoption of the initial allocation formula and any modification thereto. Prior to the adoption of the initial allocation formula, the Commission shall adopt procedures ensuring public participation in the development, review, and approval of the initial allocation formula and any subsequent modification thereto. At a minimum, public notice to interested parties and a comment period shall be provided. The Commission shall respond in writing to relevant comments. ARTICLE XII FUNDING AND EXPENSES OF THE COMMISSION Commissioners shall serve without compensation from the ACF Basin Commission. All general operational funding required by the Commission and agreed to by the voting members shall obligate each state to pay an equal share of such agreed upon funding. Funds remitted to the Commission by a state in payment of such obligation shall not lapse; provided, however, that if any state fails to remit payment within 90 days after payment is due, such obligation shall terminate and any state which

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has made payment may have such payment returned. Costs of attendance and participation at meetings of the Commission by the Federal Commissioner shall be paid by the United States. ARTICLE XIII DISPUTE RESOLUTION (a) In the event of a dispute between two or more voting members of this Compact involving a claim relating to compliance with the allocation formula adopted by the Commission under this Compact, the following procedures shall govern: (1) Notice of claim shall be filed with the Commission by a voting member of this Compact and served upon each member of the Commission. The notice shall provide a written statement of the claim, including a brief narrative of the relevant matters supporting the claimant's position. (2) Within twenty (20) days of the Commission's receipt of a written statement of a claim, the party or parties to the Compact against whom the complaint is made may prepare a brief narrative of the relevant matters and file it with the Commission and serve it upon each member of the Commission. (3) Upon receipt of a claim and any response or responses thereto, the Commission shall convene as soon as reasonably practicable, but in no event later than twenty (20) days from receipt of any response to the claim, and shall determine if a resolution of the dispute is possible. (4) A resolution of a dispute under this Article through unanimous vote of the State Commissioners shall be binding upon the state parties and any state party determined to be in violation of the allocation formula shall correct such violation without delay. (5) If the Commission is unable to resolve the dispute within 10 days from the date of the meeting convened pursuant to subparagraph (a)(3) of this Article, the Commission shall select, by unanimous decision of the voting members of the Commission, an independent mediator to conduct a non-binding mediation of the dispute. The mediator shall not be a resident or domiciliary of any member state, shall not be an employee or agent of any member of the Commission, shall be a person knowledgeable in water resource management issues, and shall disclose any and all current or prior contractual or other relations to any member of the Commission. The expenses of the mediator shall be paid by the Commission. If the mediator becomes unwilling or unable to serve, the Commission by unanimous decision of the voting members of the Commission, shall appoint another independent mediator. (6) If the Commission fails to appoint an independent mediator to conduct a non-binding mediation of the dispute within seventy-five

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(75) days of the filing of the original claim or within thirty (30) days of the date on which the Commission learns that a mediator is unwilling or unable to serve, the party submitting the claim shall have no further obligation to bring the claim before the Commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies. (7) If an independent mediator is selected, the mediator shall establish the time and location for the mediation session or sessions and may request that each party to the Compact submit, in writing, to the mediator a statement of its position regarding the issue or issues in dispute. Such statements shall not be exchanged by the parties except upon the unanimous agreement of the parties to the mediation. (8) The mediator shall not divulge confidential information disclosed to the mediator by the parties or by witnesses, if any, in the course of the mediation. All records, reports, or other documents received by a mediator while serving as a mediator shall be considered confidential. The mediator shall not be compelled in any adversary proceeding or judicial forum to divulge the contents of such documents or the fact that such documents exist or to testify in regard to the mediation. (9) Each party to the mediation shall maintain the confidentiality of the information received during the mediation and shall not rely on or introduce in any judicial proceeding as evidence: a. Views expressed or suggestions made by another party regarding a settlement of the dispute; b. Proposals made or views expressed by the mediator; or c. The fact that another party to the hearing had or had not indicated a willingness to accept a proposal for settlement of the dispute. (10) The mediator may terminate the non-binding mediation session or sessions whenever, in the judgment of the mediator, further efforts to resolve the dispute would not lead to a resolution of the dispute between or among the parties. Any party to the dispute may terminate the mediation process at any time by giving written notification to the mediator and the Commission. If terminated prior to reaching a resolution, the party submitting the original claim to the Commission shall have no further obligation to bring its claim before the Commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies. (11) The mediator shall have no authority to require the parties to enter into a settlement of any dispute regarding the Compact. The mediator may simply attempt to assist the parties in reaching a mutually acceptable resolution of their dispute. The mediator is

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authorized to conduct joint and separate meetings with the parties to the mediation and to make oral or written recommendations for a settlement of the dispute. (12) At any time during the mediation process, the Commission is encouraged to take whatever steps it deems necessary to assist the mediator or the parties to resolve the dispute. (13) In the event of a proceeding seeking enforcement of the allocation formula, this Compact creates a cause of action solely for equitable relief. No action for money damages may be maintained. The party or parties alleging a violation of the Compact shall have the burden of proof. (b) In the event of a dispute between any voting member and the United States relating to a state's noncompliance with the allocation formula as a result of actions or a refusal to act by officers, agencies or instrumentalities of the United States, the provisions set forth in paragraph (a) of this Article (other than the provisions of subparagraph (a) (4) shall apply. (c) The United States may initiate dispute resolution under paragraph (a) in the same manner as other parties to this Compact. (d) Any signatory party who is affected by any action of the Commission, other than the adoption or enforcement of or compliance with the allocation formula, may file a complaint before the ACF Basin Commission seeking to enforce any provision of this Compact. (1) The Commission shall refer the dispute to an independent hearing officer or mediator, to conduct a hearing or mediation of the dispute. If the parties are unable to settle their dispute through mediation, a hearing shall be held by the Commission or its designated hearing officer. Following a hearing conducted by a hearing officer, the hearing officer shall submit a report to the Commission setting forth findings of fact and conclusions of law, and making recommendations to the Commission for the resolution of the dispute. (2) The Commission may adopt or modify the recommendations of the hearing officer within 60 days of submittal of the report. If the Commission is unable to reach unanimous agreement on the resolution of the dispute within 60 days of submittal of the report with the concurrence of the Federal Commissioner in disputes involving or affecting federal interests, the affected party may file an action in any court of competent jurisdiction to enforce the provisions of this Compact. The hearing officer's report shall be of no force and effect and shall not be admissible as evidence in any further proceedings. (e) All actions under this Article shall be subject to the following provisions:

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(1) The Commission shall adopt guidelines and procedures for the appointment of hearing officers or independent mediators to conduct all hearings and mediations required under this Article. The hearing officer or mediator appointed under this Article shall be compensated by the Commission. (2) All hearings or mediations conducted under this article may be conducted utilizing the Federal Administrative Procedures Act, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. The Commission may also choose to adopt some or all of its own procedural and evidentiary rules for the conduct of hearings or mediations under this Compact. (3) Any action brought under this Article shall be limited to equitable relief only. This Compact shall not give rise to a cause of action for money damages. (4) Any signatory party bringing an action before the Commission under this Article shall have the burdens of proof and persuasion. ARTICLE XIV ENFORCEMENT The Commission may, upon unanimous decision, bring an action against any person to enforce any provision of this Compact, other than the adoption or enforcement of or compliance with the allocation formula, in any court of competent jurisdiction. ARTICLE XV IMPACTS ON OTHER STREAM SYSTEMS This Compact shall not be construed as establishing any general principle or precedent applicable to any other interstate streams. ARTICLE XVI IMPACT OF COMPACT ON USE OF WATER WITHIN THE BOUNDARIES OF THE COMPACTING STATES The provisions of this Compact shall not interfere with the right or power of any state to regulate the use and control of water within the boundaries of the state, providing such state action is not inconsistent with the allocation formula. ARTICLE XVII AGREEMENT REGARDING WATER QUALITY (a) The States of Alabama, Florida, and Georgia mutually agree to the principle of individual State efforts to control man-made water pollution from sources located and operating within each State and to the

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continuing support of each State in active water pollution control programs. (b) The States of Alabama, Florida, and Georgia agree to cooperate, through their appropriate State agencies, in the investigation, abatement, and control of sources of alleged interstate pollution within the ACF River Basin whenever such sources are called to their attention by the Commission. (c) The States of Alabama, Florida, and Georgia agree to cooperate in maintaining the quality of the waters of the ACF River Basin. (d) The States of Alabama, Florida, and Georgia agree that no State may require another state to provide water for the purpose of water quality control as a substitute for or in lieu of adequate waste treatment. ARTICLE XVIII EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT No state shall acquire any right or expectation to the use of water because of any other state's failure to use the full amount of water allocated to it under this Compact. ARTICLE XIX SEVERABILITY If any portion of this Compact is held invalid for any reason, the remaining portions, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force, effect, and application. ARTICLE XX NOTICE AND FORMS OF SIGNATURE Notice of ratification of this Compact by the legislature of each state shall promptly be given by the Governor of the ratifying state to the Governors of the other participating states. When all three state legislatures have ratified the Compact, notice of their mutual ratification shall be forwarded to the Congressional delegation of the signatory states for submission to the Congress of the United States for ratification. When the Compact is ratified by the Congress of the United States, the President, upon signing the federal ratification legislation, shall promptly notify the Governors of the participating states and appoint the Federal Commissioner. The Compact shall be signed by all four Commissioners as their first order of business at their first meeting and shall be filed of record in the party states.' SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved February 25, 1997.

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RETIREMENT AND PENSIONSRECORDS EXEMPT FROM PUBLIC INSPECTION; MEETINGS NOT OPEN TO PUBLIC. Code Section 47-1-14 Enacted. Code Section 50-14-3 Amended. No. 10 (House Bill No. 334). AN ACT To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to limit public inspection of certain records maintained by certain public retirement systems; to provide that certain such records shall not be subject to public disclosure; to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to provide a new exclusion from such provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by inserting at the end thereof the following: 47-1-14. (a) As used in this Code section, the term `retirement system' means any public retirement system created by this title. (b) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public: (1) Records containing wiring or automated clearing house transfer of funds instructions or access codes; (2) Records containing bank account numbers; (3) All proprietary computer software; and (4) Any business, financial, or personal information in the possession of such retirement system concerning a party other than such retirement system. (c) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public for a period of one year from the date such records were created:

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(1) Records containing investment advice rendered by any investment advisor or retirement system employee; (2) Exhibits to minutes of retirement system board meetings or investment committee board meetings which contain securities trading information; (3) Securities trade tickets, confirmations, and other records pertaining to securities trades; and (4) Records which contain proposed terms of sale for real property owned by a retirement system; provided, however, that the records defined in this paragraph shall be subject to disclosure at any time after the sale of real property is consummated. (d) Any other provision of law to the contrary notwithstanding, the following records maintained by a retirement system are exempted from being open to inspection by the general public until the end of the calendar quarter following the calendar quarter in which the record is created: (1) Records which contain information relating to the investment portfolio composition and positions; and (2) Exhibits to minutes of retirement system board meetings or investment committee board meetings which contain information relating to investment portfolio composition and positions. (e) The provisions of subsections (b), (c), and (d) of this Code section shall not restrict access to records: (1) By an employee of a retirement system in the course of his or her official duties; (2) Subject to subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings in which the state or a retirement system is a party; (3) In criminal prosecutions or other criminal actions brought by state or federal law enforcement authorities; (4) Given to federal or state regulatory or law enforcement agencies in the course of their official duties; or (5) Given to the Attorney General and the Department of Law, the Office of Planning and Budget, or the state auditor and the Department of Audits and Accounts for use and public disclosure in the ordinary performance of those officers' and offices' duties. SECTION 2. Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the provisions of Chapter 14 of Title 50, is

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amended by striking the word and at the end of paragraph 6; by striking the symbol . at the end of paragraph 7 and inserting in lieu thereof the symbol and word ; and; and by inserting immediately following paragraph 7 the following: (8) Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition. SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, 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 11, 1997. STATE GOVERNMENTAPPROPRIATIONS; SUPPLEMENTAL FOR S.F.Y. 1996-1997. No. 11 (House Bill No. 34) AN ACT To amend an Act providing appropriations for the State Fiscal Year 1996-1997 known as the General Appropriations Act, approved April 25, 1996 (Ga. L. 1996, p. 1529), so as to change certain appropriations for the State Fiscal Year 1996-1997; 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: An Act providing appropriations for the State Fiscal Year 1996-1997, as amended, known as the General Appropriations Act approved April 25, 1996 (Ga. L. 1996, p. 1529), is further amended by striking everything following the enacting clause through Section 64, 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, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated

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surplus, reserves and a revenue estimate of $10,500,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 26,278,571 Personal Services - Staff $ 13,982,258 Personal Services - Elected Officials $ 3,840,461 Regular Operating Expenses $ 2,639,647 Travel - Staff $ 98,000 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 585,000 Equipment $ 232,000 Computer Charges $ 475,000 Real Estate Rentals $ 5,000 Telecommunications $ 650,500 Per Diem, Fees and Contracts - Staff $ 145,980 Per Diem, Fees and Contracts - Elected Officials $ 2,394,925 Photography $ 90,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 26,278,571 State Funds Budgeted $ 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,107,790 $ 4,107,790 Lt. Governor's Office $ 658,038 $ 658,038 Secretary of the Senate's Office $ 1,191,350 $ 1,191,350 Total $ 5,957,178 $ 5,957,178 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,634,940 $ 10,634,940 Speaker of the House's Office $ 553,080 $ 553,080

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Clerk of the House's Office $ 1,413,794 $ 1,413,794 Total $ 12,601,814 $ 12,601,814 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,781,605 $ 2,781,605 Legislative Fiscal Office $ 2,152,611 $ 2,152,611 Legislative Budget Office $ 1,006,538 $ 1,006,538 Ancillary Activities $ 1,401,672 $ 1,401,672 Budgetary Responsibility Oversight Committee $ 377,153 $ 377,153 Total $ 7,719,579 $ 7,719,579 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 Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

Page 49

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 $ 20,625,494 Personal Services $ 16,470,396 Regular Operating Expenses $ 617,030 Travel $ 575,000 Motor Vehicle Purchases $ 268,695 Equipment $ 15,000 Real Estate Rentals $ 895,000 Per Diem, Fees and Contracts $ 58,225 Computer Charges $ 1,564,000 Telecommunications $ 162,148 Total Funds Budgeted $ 20,625,494 State Funds Budgeted $ 20,625,494 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 83,818,558 Personal Services $ 12,144,773 Other Operating $ 68,626,312 Prosecuting Attorney's Council $ 2,325,110 Judicial Administrative Districts $ 1,346,564 Payment to Council of Superior Court Clerks $ 26,240 Payment to Resource Center $ 300,000 Computerized Information Network $ 683,800 Total Funds Budgeted $ 85,452,799 State Funds Budgeted $ 83,818,558 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 6,591,102 $ 5,965,631

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Court of Appeals $ 7,884,049 $ 7,834,049 Superior Court - Judges $ 33,885,637 $ 33,817,637 Superior Court - District Attorneys $ 27,798,196 $ 26,907,426 Juvenile Court $ 1,093,172 $ 1,093,172 Institute of Continuing Judicial Education $ 758,378 $ 758,378 Judicial Council $ 2,026,094 $ 2,026,094 Judicial Qualifications Commission $ 168,197 $ 168,197 Indigent Defense Council $ 3,000,000 $ 3,000,000 Georgia Courts Automation Commission $ 1,998,906 $ 1,998,906 Georgia Office Of Dispute Resolution $ 249,068 $ 249,068 Total $ 85,452,799 $ 83,818,558 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 41,626,890 Personal Services $ 50,932,252 Regular Operating Expenses $ 13,051,106 Travel $ 434,831 Motor Vehicle Purchases $ 696,459 Equipment $ 1,608,195 Computer Charges $ 11,737,692 Real Estate Rentals $ 3,586,862 Telecommunications $ 4,134,175 Per Diem, Fees and Contracts $ 3,036,876 Rents and Maintenance Expense $ 11,796,710 Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,972,744 Direct Payments to Georgia Building Authority for Capital Outlay $ 50,000 Direct Payments to Georgia Building Authority for Operations $ 540,699 Telephone billings $ 60,183,280 Radio Billings $ 929,406 Materials for Resale $ 21,000,000

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Public Safety Officers Indemnity Fund $ 550,000 Health Planning Review Board Operations $ 85,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 85,000 Total Funds Budgeted $ 187,459,787 State Funds Budgeted $ 41,626,890 Departmental Functional Budgets Total Funds State Funds Executive Administration $ 1,940,977 $ 1,162,773 Departmental Administration $ 2,232,092 $ 2,100,905 Statewide Systems $ 12,701,985 $ 9,727,188 Space Management $ 530,934 $ 530,934 Procurement Administration $ 3,061,819 $ 3,061,819 General Services $ 683,232 $ 0 Central Supply Services $ 20,919,779 $ 0 Data Processing Services $ 47,343,191 $ 14,069,599 Motor Vehicle Services $ 4,627,673 $ 0 Communication Services $ 76,288,305 $ 5,850,000 Printing Services $ 3,363,509 $ 0 Surplus Property $ 2,691,230 $ 0 Mail and Courier Services $ 1,309,330 $ 0 Risk Management $ 4,344,516 $ 550,000 State Properties Commission $ 668,788 $ 668,788 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 1,092,425 $ 519,051 State Office of Administrative Hearings $ 3,660,002 $ 3,385,833 Total $ 187,459,787 $ 41,626,890

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B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 22,260,369 Regular Operating Expenses $ 13,236,589 Travel $ 12,000 Motor Vehicle Purchases $ 268,000 Equipment $ 452,400 Computer Charges $ 110,100 Real Estate Rentals $ 15,071 Telecommunications $ 228,970 Per Diem, Fees and Contracts $ 405,000 Capital Outlay $ 50,000 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 37,038,499 State Funds Budgeted $ 0 Departmental Fnctional Budgets Total Funds State Funds Grounds $ 1,535,634 $ 0 Custodial $ 5,475,952 $ 0 Maintenance $ 4,453,839 $ 0 Security $ 6,785,722 $ 0 Van Pool $ 382,451 $ 0 Sales $ 4,097,175 $ 0 Administration $ 12,927,239 $ 0 Roofing $ 451,635 $ 0 Facilities Program $ 928,852 $ 0 Total $ 37,038,499 $ 0 Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 37,694,271 Personal Services $ 31,819,304 Regular Operating Expenses $ 4,514,508 Travel $ 1,074,894 Motor Vehicle Purchases $ 692,227 Equipment $ 439,750

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Computer Charges $ 550,000 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 992,587 Market Bulletin Postage $ 1,046,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,750,466 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,719,702 Veterinary Fees $ 312,000 Indemnities $ 60,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 662,431 Payments to Georgia Development Authority $ 0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 350,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 49,425,929 State Funds Budgeted $ 37,694,271 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,520,089 $ 7,739,089 Animal Industry $ 16,000,489 $ 12,868,354 Marketing $ 6,687,636 $ 3,012,636 Internal Administration $ 5,837,509 $ 5,650,009 Fuel and Measures $ 3,449,263 $ 3,319,563 Consumer Protection Field Forces $ 8,348,840 $ 5,104,620 Seed Technology $ 582,103 $ 0 Total $ 49,425,929 $ 37,694,271

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B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 934,037 Regular Operating Expenses $ 178,872 Travel $ 4,650 Motor Vehicle Purchases $ 0 Equipment $ 3,060 Computer Charges $ 2,000 Real Estate Rentals $ 0 Telecommunications $ 7,757 Per Diem, Fees and Contracts $ 7,225 Capital Outlay $ 145,367 Goods for Resale $ 107,050 Total Funds Budgeted $ 1,390,018 State Funds Budgeted $ 0 Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 9,318,265 Personal Services $ 7,701,330 Regular Operating Expenses $ 455,685 Travel $ 400,000 Motor Vehicle Purchases $ 36,750 Equipment $ 8,200 Computer Charges $ 295,000 Real Estate Rentals $ 335,000 Telecommunications $ 73,000 Per Diem, Fees and Contracts $ 13,300 Total Funds Budgeted $ 9,318,265 State Funds Budgeted $ 9,318,265 Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services $ 149,407,187 Personal Services $ 95,045,696 Regular Operating Expenses $ 9,511,811 Travel $ 939,357 Motor Vehicle Purchases $ 185,788 Equipment $ 465,630 Computer Charges $ 346,436 Real Estate Rentals $ 1,690,885 Telecommunications $ 1,010,824 Per Diem, Fees and Contracts $ 5,783,294 Utilities $ 2,959,577

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Institutional Repairs and Maintenance $ 509,559 Grants to County-Owned Detention Centers $ 3,615,495 Service Benefits for Children $ 17,682,980 Purchase of Service Contracts $ 15,416,530 Capital Outlay $ 0 Total Funds Budgeted $ 155,163,862 State Funds Budgeted $ 149,407,187 Departmentat Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 31,841,613 $ 29,863,052 Bill Ireland YDC $ 15,925,486 $ 15,148,043 Augusta State YDC $ 10,897,401 $ 10,234,969 Lorenzo Benn YDC $ 6,538,420 $ 6,223,039 Macon State YDC $ 5,564,824 $ 5,228,227 Wrightsville YDC $ 14,855,196 $ 14,519,944 YDC Purchased Services $ 14,593,530 $ 14,306,280 Court Services $ 19,219,077 $ 19,072,273 Day Centers $ 496,745 $ 496,745 Group Homes $ 1,043,480 $ 1,043,480 CYS Purchased Services $ 20,043,552 $ 19,216,597 Law Enforcement Office $ 1,650,835 $ 1,650,835 Assessment and Classification $ 591,587 $ 591,587 Multi-Service Centers $ 3,886,910 $ 3,796,910 Youth Services Administration $ 8,015,206 $ 8,015,206 Total $ 155,163,862 $ 149,407,187 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 47,585,552 Personal Services $ 13,169,863 Regular Operating Expenses $ 1,615,940

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Travel $ 342,534 Motor Vehicle Purchases $ 0 Equipment $ 96,673 Real Estate Rentals $ 1,102,988 Per Diem, Fees and Contracts $ 1,257,446 Computer Charges $ 387,197 Telecommunications $ 344,452 Capitol Felony Expenses $ 0 Contracts for Regional Planning and Development $ 2,167,374 Local Assistance Grants $ 24,114,971 Appalachian Regional Commission Assessment $ 112,439 Community Development Block Grants - Federal $ 30,000,000 Payment to Georgia Environmental Facilities Authority $ 2,407,584 Payment to Georgia Housing and Finance Authority $ 2,814,244 ARC-Revolving Loan Fund $ 0 Local Development Fund $ 650,000 Payments to Music Hall of Fame Authority $ 965,278 Payment to State Housing Trust Fund $ 4,625,000 Payments to Sports Hall of Fame $ 281,541 Regional Economic Business Assistance Grants $ 6,650,000 Local Government Efficiency Grant Program $ 500,000 State Commission on National and Community Service $ 214,856 EZ/EC Administration $ 209,499 EZ/EC Grants $ 0 Business Flood Disaster Recovery Program $ 0 Targeted Regional Assistance Program $ 0 Administrative Cost Allocation $ 0 Total Funds Budgeted $ 94,029,879 State Funds Budgeted $ 47,585,552 Departmental Functional Budgets Total Funds State Funds Executive Division $ 1,053,363 $ 546,906 Research and Information Division $ 2,896,369 $ 2,448,142 Planning and Management Division $ 4,481,067 $ 4,276,254 Business and Financial Assistance Division $ 39,376,604 $ 7,828,061

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Housing and Finance Division $ 4,005,987 $ 0 Accounting, Audits and Administration Division $ 38,625,792 $ 32,486,189 Rental Assistance Division $ 3,590,697 $ 0 Total $ 94,029,879 $ 47,585,552 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 674,679,443 Personal Services $ 474,541,615 Regular Operating Expenses $ 59,230,330 Travel $ 2,139,094 Motor Vehicle Purchases $ 4,348,384 Equipment $ 5,221,705 Computer Charges $ 6,070,360 Real Estate Rentals $ 6,008,776 Telecommunications $ 7,505,873 Per Diem, Fees and Contracts $ 12,797,324 Capital Outlay $ 0 Utilities $ 21,029,455 Court Costs $ 1,100,000 County Subsidy $ 15,986,950 County Subsidy for Jails $ 4,143,750 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,127,250 Payments to Central State Hospital for Meals $ 4,059,700 Payments to Central State Hospital for Utilities $ 1,376,000 Payments to Public Safety for Meals $ 461,160 Inmate Release Fund $ 1,300,000 Health Services Purchases $ 65,495,930 Payments to MAG for Health Care Certification $ 63,420 University of Georgia - College of Veterinary Medicine Contracts $ 366,244 Minor Construction Fund $ 894,000 Total Funds Budgeted $ 695,267,320 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 674,679,443

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Departmental Functional Budgets Total Funds State Funds Executive Operations $ 14,842,276 $ 14,485,276 Administration $ 88,195,813 $ 84,886,738 Human Resources $ 12,358,510 $ 12,358,510 Field Probation $ 59,672,669 $ 59,192,669 Facilities $ 520,198,052 $ 503,756,250 Total $ 695,267,320 $ 674,679,443 B. Budget Unit: Board of Pardons and Paroles $ 43,308,314 Personal Services $ 33,766,363 Regular Operating Expenses $ 1,615,677 Travel $ 547,000 Motor Vehicle Purchases $ 228,000 Equipment $ 191,424 Computer Charges $ 291,200 Real Estate Rentals $ 2,785,000 Telecommunications $ 930,000 Per Diem, Fees and Contracts $ 2,278,650 County Jail Subsidy $ 650,000 Health Services Purchases $ 25,000 Total Funds Budgeted $ 43,308,314 State Funds Budgeted $ 43,308,314 Section 10. Department of Defense. Budget Unit: Department of Defense $ 4,230,851 Personal Services $ 9,090,415 Regular Operating Expenses $ 6,198,797 Travel $ 29,375 Motor Vehicle Purchases $ 0 Equipment $ 28,840 Computer Charges $ 11,125 Real Estate Rentals $ 24,400 Telecommunications $ 40,825 Per Diem, Fees and Contracts $ 458,000 Capital Outlay $ 0 Total Funds Budgeted $ 15,881,777 State Funds Budgeted $ 4,230,851

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Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,281,075 $ 1,241,926 Georgia Air National Guard $ 5,316,273 $ 618,360 Georgia Army National Guard $ 9,284,429 $ 2,370,565 Total $ 15,881,777 $ 4,230,851 Section 11. State Board of Education Department of Education A. Budget Unit: Department of Education $ 4,111,161,076 Operations: Personal Services $ 33,455,602 Regular Operating Expenses $ 5,226,647 Travel $ 967,224 Motor Vehicle Purchases $ 57,592 Equipment $ 117,371 Computer Charges $ 7,526,554 Real Estate Rentals $ 1,309,614 Telecommunications $ 1,109,107 Per Diem, Fees and Contracts $ 17,476,784 Utilities $ 912,272 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 997,621,233 Grades 4 - 8 $ 856,200,685 Grades 9 - 12 $ 350,962,605 High School Laboratories $ 168,564,020 Vocational Education Laboratories $ 111,007,756 Special Education $ 384,401,822 Gifted $ 58,064,303 Remedial Education $ 89,508,479 Staff Development and Professional Development $ 33,759,340 Media $ 106,022,187 Indirect Cost $ 691,835,455 Pupil Transportation $ 142,329,530 Local Fair Share $ (673,892,309) Mid-Term Adjustment Reserve $ 91,218,777 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants: Equalization Formula $ 165,250,422

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Sparsity Grants $ 3,609,604 In School Suspension $ 25,291,984 Special Instructional Assistance $ 87,838,070 Middle School Incentive $ 78,838,661 Special Education Low - Incidence Grants $ 563,759 Limited English-Speaking Students Program $ 14,363,735 Non-QBE Grants: Education of Children of Low-Income Families $ 143,999,894 Retirement (H.B. 272 and H.B. 1321) $ 5,408,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 2,210,804 Severely Emotionally Disturbed $ 44,078,591 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 29,128,663 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,491,147 Regional Education Service Agencies $ 9,764,497 Georgia Learning Resources System $ 3,489,010 High School Program $ 21,712,907 Special Education in State Institutions $ 5,041,480 Governor's Scholarships $ 3,500,000 Counselors $ 7,580,313 Vocational Research and Curriculum $ 293,520 Even Start $ 2,720,906 Salaries and Travel of Public Librarians $ 0 Public Library Materials $ 0 Talking Book Centers $ 0 Public Library M O $ 0 Child Care Lunch Program (Federal) $ 25,244,070 Chapter II - Block Grant Flow Through $ 9,663,513 Payment of Federal Funds to Board of Technical and Adult Education $ 14,395,919 Education of Homeless Children/Youth $ 601,772 Innovative Programs $ 1,690,215 Next Generation School Grants $ 500,000 Drug Free School (Federal) $ 11,625,943 At Risk Summer School Program $ 5,979,345 Emergency Immigrant Education Program $ 164,514 Title II Math/Science Grant (Federal) $ 5,042,895 Robert C. Byrd Scholarship (Federal) $ 273,723 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 99,047,892 Pre-School Handicapped Program $ 16,877,102 Mentor Teachers $ 1,250,000

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Advanced Placement Exams $ 700,000 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,875,664 Alternative Programs $ 12,976,442 Environmental Science Grants $ 100,000 Pay for Performance $ 3,300,000 Mentoring Program $ 500,000 Charter Schools $ 55,000 Technology Specialist $ 15,289,138 Migrant Education $ 266,403 Total Funds Budgeted $ 4,607,189,339 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 4,111,161,076 Departmental Functional Budgets Total Funds State Funds State Administration $ 9,979,858 $ 8,522,164 Student Learning and Assessment $ 16,525,416 $ 12,459,463 Governor's Honors Program $ 1,216,892 $ 1,139,303 Quality and School Support $ 4,752,496 $ 4,752,496 Federal Programs $ 6,005,977 $ 717,685 Technology $ 11,784,145 $ 10,710,449 Professional Practices $ 1,099,461 $ 1,099,461 Local Programs $ 4,539,380,572 $ 4,056,290,225 Georgia Academy for the Blind $ 5,396,840 $ 5,143,455 Georgia School for the Deaf $ 4,999,826 $ 4,770,730 Atlanta Area School for the Deaf $ 5,044,718 $ 4,771,163 Office of School Readiness $ 1,003,138 $ 784,482 Total $ 4,607,189,339 $ 4,111,161,076

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B. Budget Unit: Lottery for Education $ 348,481,780 Pre-Kindergarten for 4-year-olds $ 204,982,285 Applied Technology Labs $ 3,650,000 Assistive Technology $ 0 Alternative Programs $ 1,100,000 Educational Technology Centers $ 0 Distant Learning - Satellite Dishes $ 250,000 Model Technology Schools $ 0 Capital Outlay $ 107,147,885 Post Secondary Options $ 1,510,000 Learning Logic Sites $ 0 Financial and Management Equipment $ 2,736,950 Computers in the Classroom $ 27,104,660 Total Funds Budgeted $ 348,481,780 Lottery Funds Budgeted $ 348,481,780 Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 1,969,849 Regular Operating Expenses $ 301,000 Travel $ 18,000 Motor Vehicle Purchases $ 0 Equipment $ 13,220 Computer Charges $ 554,222 Real Estate Rentals $ 306,040 Telecommunications $ 38,362 Per Diem, Fees and Contracts $ 1,313,358 Benefits to Retirees $ 0 Total Funds Budgeted $ 4,514,051 State Funds Budgeted $ 0 Section 13. Forestry Commission. Budget Unit: Forestry Commission $ 35,585,086 Personal Services $ 29,287,269 Regular Operating Expenses $ 5,693,751 Travel $ 159,937 Motor Vehicle Purchases $ 1,032,785 Equipment $ 1,599,619 Computer Charges $ 310,500 Real Estate Rentals $ 54,764 Telecommunications $ 928,106 Per Diem, Fees and Contracts $ 1,094,798 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 28,500

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Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 241,752 Total Funds Budgeted $ 40,491,781 State Funds Budgeted $ 35,585,086 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,843,044 $ 52,726 Field Services $ 34,669,238 $ 31,721,016 General Administration and Support $ 3,979,499 $ 3,811,344 Total $ 40,491,781 $ 35,585,086 Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 46,972,957 Personal Services $ 35,621,860 Regular Operating Expenses $ 4,283,612 Travel $ 448,187 Motor Vehicle Purchases $ 476,558 Equipment $ 606,640 Computer Charges $ 610,837 Real Estate Rentals $ 2,063,325 Telecommunications $ 1,082,166 Per Diem, Fees and Contracts $ 1,295,772 Evidence Purchased $ 484,000 Capital Outlay $ 0 Total Funds Budgeted $ 46,972,957 State Funds Budgeted $ 46,972,957

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Departmental Functional Budgets Total Funds State Funds Administration $ 3,777,831 $ 3,777,831 Investigative $ 24,562,684 $ 24,562,684 Georgia Crime Information Center $ 7,965,488 $ 7,965,488 Forensic Sciences $ 10,666,954 $ 10,666,954 Total $ 46,972,957 $ 46,972,957 Section 15. Office of the Governor. A. Budget Unit: Office of the Governor $ 33,039,333 Personal Services $ 15,246,726 Regular Operating Expenses $ 954,076 Travel $ 266,239 Motor Vehicle Purchases $ 0 Equipment $ 63,776 Computer Charges $ 582,757 Real Estate Rentals $ 1,002,683 Telecommunications $ 455,681 Per Diem, Fees and Contracts $ 4,306,578 Cost of Operations $ 3,432,344 Mansion Allowance $ 40,000 Investment for Modernization $ 700,000 Governor's Emergency Fund $ 5,185,678 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 3,850,000 Art Grants of Non-State Funds $ 214,000 Humanities Grant - State Funds $ 150,000 Art Acquisition - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,477,500 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 Grants - Local EMA $ 1,085,968 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 40,314,381 State Funds Budgeted $ 33,039,333

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Departmental Functional Budgets Total Funds State Funds Governor's Office $ 8,823,022 $ 8,823,022 Office of Equal Opportunity $ 981,413 $ 823,413 Office of Planning and Budget $ 8,387,160 $ 8,287,160 Council for the Arts $ 4,996,782 $ 4,420,782 Office of Consumer Affairs $ 3,251,629 $ 3,251,629 Georgia Information Technology Policy Council $ 342,373 $ 342,373 Criminal Justice Coordinating Council $ 1,230,166 $ 290,847 Children and Youth Coordinating Council $ 2,206,223 $ 531,223 Human Relations Commission $ 313,156 $ 313,156 Professional Standards Commission $ 4,389,399 $ 4,389,399 Georgia Emergency Management Agency $ 5,009,163 $ 1,182,434 Office of State Olympic Coordination $ 94,895 $ 94,895 Governor's Commission for the Privatization of Government Services $ 200,000 $ 200,000 Vocational Education Advisory Council $ 89,000 $ 89,000 Total $ 40,314,381 $ 33,039,333 Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations $ 692,931,469 1. General Administration and Support Budget: Personal Services $ 52,702,721 Regular Operating Expenses $ 2,156,126 Travel $ 1,332,131

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Motor Vehicle Purchases $ 1,647,558 Equipment $ 89,753 Real Estate Rentals $ 4,818,586 Per Diem, Fees and Contracts $ 5,970,346 Computer Charges $ 1,282,446 Telecommunications $ 726,204 Special Purpose Contracts $ 284,000 Service Benefits for Children $ 46,786,389 Purchase of Service Contracts $ 37,907,296 Institutional Repairs and Maintenance $ 73,440 Postage $ 996,644 Payments to DMA-Community Care $ 17,942,073 Grants to County DFACS - Operations $ 797,890 Total Funds Budgeted $ 175,513,603 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 109,237,873 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,460,368 $ 1,460,368 Budget Administration $ 1,484,360 $ 1,472,459 Children's Community Based Initiative $ 5,119,250 $ 4,744,250 Troubled Children's Placements $ 46,786,389 $ 33,635,726 Technology and Support $ 21,446,210 $ 19,803,056 Facilities Management $ 5,480,691 $ 4,226,695 Regulatory Services - Program Direction and Support $ 877,102 $ 867,102 Child Care Licensing $ 2,739,981 $ 2,739,981 Health Care Facilities Regulation $ 9,960,897 $ 4,226,414 Fraud and Abuse $ 6,265,864 $ 2,306,430 Financial Services $ 6,193,516 $ 5,993,516 Auditing Services $ 1,845,416 $ 1,845,416

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Personnel Administration $ 1,824,319 $ 1,824,319 Indirect Cost $ 0 $ (8,595,811) Policy and Government Services $ 1,031,559 $ 1,031,559 Aging Services $ 59,598,073 $ 29,989,591 State Health Planning Agency $ 1,695,639 $ 1,615,639 DD Council $ 1,703,969 $ 51,163 Total $ 175,513,603 $ 109,237,873 2. Public Health Budget: Personal Services $ 52,597,331 Regular Operating Expenses $ 75,351,611 Travel $ 913,555 Motor Vehicle Purchases $ 0 Equipment $ 501,177 Real Estate Rentals $ 1,425,278 Per Diem, Fees and Contracts $ 4,220,545 Computer Charges $ 1,654,043 Telecommunications $ 1,241,890 Special Purpose Contracts $ 580,732 Purchase of Service Contracts $ 12,913,517 Grant-In-Aid to Counties $ 129,671,212 Institutional Repairs and Maintenance $ 34,500 Postage $ 115,993 Medical Benefits $ 4,462,872 Total Funds Budgeted $ 285,684,256 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 154,422,008 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,957,348 $ 12,827,673 Newborn Follow-Up Care $ 1,415,696 $ 1,200,865 Oral Health $ 1,526,075 $ 1,203,900 Stroke and Heart Attack Prevention $ 2,302,385 $ 1,189,773

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Sickle Cell, Vision and Hearing $ 4,221,570 $ 3,822,751 High-Risk Pregnant Women and Infants $ 5,359,085 $ 5,212,085 Sexually Transmitted Diseases $ 2,246,333 $ 310,879 Family Planning $ 10,898,670 $ 5,744,320 Women, Infants and Children Nutrition $ 83,023,436 $ 0 Grant in Aid to Counties $ 66,525,208 $ 65,486,672 Children's Medical Services $ 13,332,554 $ 6,556,247 Emergency Health $ 3,240,976 $ 1,892,263 Primary Health Care $ 1,782,019 $ 1,683,117 Epidemiology $ 578,695 $ 425,913 Immunization $ 1,009,244 $ 0 Community Tuberculosis Control $ 6,040,468 $ 4,643,502 Family Health Management $ 925,227 $ 751,792 Infant and Child Health $ 1,189,590 $ 516,528 Maternal Health - Perinatal $ 2,455,855 $ 1,045,487 Chronic Disease $ 474,068 $ 474,068 Diabetes $ 556,495 $ 556,495 Cancer Control $ 4,851,648 $ 4,851,648 Director's Office $ 1,253,612 $ 1,001,257 Injury Control $ 426,906 $ 216,973 Health Program Management $ 1,968,815 $ 1,920,136 Vital Records $ 1,956,452 $ 1,718,713 Health Services Research $ 2,707,960 $ 2,485,142 Environmental Health $ 1,204,242 $ 692,369

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Laboratory Services $ 6,241,647 $ 5,971,647 Community Care $ 2,306,429 $ 869,431 Community Health Management $ 164,148 $ 164,148 AIDS $ 9,856,546 $ 5,107,508 Vaccines $ 8,898,597 $ 0 Drug and Clinic Supplies $ 3,250,000 $ 2,493,380 Adolescent Health $ 5,504,079 $ 2,135,951 Public Health - Planning Councils $ 174,591 $ 157,094 Early Intervention $ 12,857,587 $ 10,627,999 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 285,684,256 $ 154,422,008 3. Rehabilitation Services Budget: Personal Services $ 76,346,922 Regular Operating Expenses $ 12,437,994 Travel $ 1,183,228 Motor Vehicle Purchases $ 83,000 Equipment $ 743,880 Real Estate Rentals $ 4,816,685 Per Diem, Fees and Contracts $ 7,743,204 Computer Charges $ 2,457,974 Telecommunications $ 1,697,134 Case Services $ 27,346,408 E.S.R.P. Case Services $ 0 Special Purpose Contracts $ 705,245 Purchase of Services Contracts $ 11,934,155 Institutional Repairs and Maintenance $ 215,000 Utilities $ 937,269 Postage $ 811,902 Total Funds Budgeted $ 149,460,000 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 23,941,510

Page 70

Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services $ 53,085,521 $ 10,576,505 Independent Living $ 919,558 $ 607,201 Employment Services $ 516,005 $ 516,005 Community Facilities $ 10,335,560 $ 3,780,710 State Rehabilitation Facilities $ 5,450,404 $ 807,636 Diversified Industries of Georgia $ 809,166 $ 0 Program Direction and Support $ 4,377,562 $ 1,348,865 Grants Management $ 714,540 $ 714,540 Disability Adjudication $ 35,629,124 $ 0 Georgia Factory for Blind $ 12,614,904 $ 900,703 Roosevelt Warm Springs Institute $ 25,007,656 $ 4,689,345 Total $ 149,460,000 $ 23,941,510 4. Family and Children Services Budget: Personal Services $ 47,464,566 Regular Operating Expenses $ 4,742,042 Travel $ 1,167,632 Motor Vehicle Purchases $ 0 Equipment $ 400,080 Real Estate Rentals $ 3,519,841 Per Diem, Fees and Contracts $ 19,572,831 Computer Charges $ 36,180,458 Telecommunications $ 10,892,881 Children's Trust Fund $ 2,342,103 Cash Benefits $ 378,013,987 Special Purpose Contracts $ 6,344,858 Service Benefits for Children $ 213,227,671 Purchase of Service Contracts $ 16,547,235

Page 71

Postage $ 4,425,956 Grants to County DFACS - Operations $ 297,156,396 Total Funds Budgeted $ 1,041,998,537 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 405,330,078 Departmental Functional Budgets Total Funds State Funds Director's Office $ 552,343 $ 552,343 Social Services $ 4,361,986 $ 3,834,883 Administrative Support $ 6,264,527 $ 5,225,131 Quality Assurance $ 4,002,531 $ 4,002,531 Community Services $ 11,093,303 $ 480,299 Field Management $ 1,108,604 $ 1,108,604 Human Resources Management $ 3,433,097 $ 2,541,080 Public Assistance $ 38,918,690 $ 21,238,750 Employment Services $ 1,502,428 $ 1,502,428 Child Support Recovery $ 66,523,060 $ 6,436,670 AFDC Payments $ 366,174,867 $ 128,154,366 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,420 $ 0 Energy Benefits $ 9,893,600 $ 0 County DFACS Operations - Eligibility $ 113,420,564 $ 57,132,316 County DFACS Operations - Social Services $ 91,858,619 $ 35,606,623 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS Operations - Homemakers Services $ 8,435,211 $ 2,586,800 County DFACS Operations - Joint and Administration $ 64,162,611 $ 32,819,247

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County DFACS Operations - Employability Program $ 19,279,391 $ 8,017,486 Employability Benefits $ 28,974,424 $ 13,350,649 Legal Services $ 3,190,503 $ 2,420,990 Family Foster Care $ 29,784,476 $ 16,550,750 Institutional Foster Care $ 9,618,969 $ 6,313,935 Specialized Foster Care $ 5,161,293 $ 4,248,383 Adoption Supplement $ 12,468,472 $ 9,374,838 Prevention of Foster Care $ 11,544,785 $ 7,408,642 Day Care $ 118,635,892 $ 38,836,937 Outreach - Contracts $ 0 $ 0 Special Projects $ 3,301,916 $ 2,205,709 Children's Trust Fund $ 2,342,103 $ 2,342,103 Indirect Cost $ 0 $ (8,962,515) Total $ 1,041,998,537 $ 405,330,078 Budget Unit Object Classes: Personal Services $ 229,111,540 Regular Operating Expenses $ 94,687,773 Travel $ 4,596,546 Motor Vehicle Purchases $ 1,730,558 Equipment $ 1,734,890 Real Estate Rentals $ 14,580,390 Per Diem, Fees and Contracts $ 37,506,926 Computer Charges $ 41,574,921 Telecommunications $ 14,558,109 Case Services $ 27,346,408 Children's Trust Fund $ 2,342,103 Cash Benefits $ 378,013,987 Special Purpose Contracts $ 7,914,835 Service Benefits for Children $ 260,014,060 Purchase of Service Contracts $ 79,302,203 Grant-In-Aid to Conties $ 129,671,212 Institutional Repairs and Maintenance $ 322,940 Utilities $ 937,269 Postage $ 6,350,495

Page 73

Payments to DMA-Community Care $ 17,942,073 Grants to County DFACS - Operations $ 297,954,286 Medical Benefits $ 4,462,872 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 497,194,036 Personal Services $ 343,243,488 Operating Expenses $ 58,254,638 Motor Vehicle Equipment Purchases $ 769,533 Utilities $ 11,531,274 Major Maintenance and Construction $ 2,127,790 Community Services $ 273,564,129 Total Funds Budgeted $ 689,490,852 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 497,194,036 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 39,911,914 $ 25,348,848 Brook Run $ 30,235,826 $ 13,397,712 Georgia Mental Health Institute $ 23,415,883 $ 21,498,081 Georgia Regional Hospital at Augusta $ 21,746,951 $ 19,860,059 Northwest Regional Hospital at Rome $ 27,794,094 $ 20,921,995 Georgia Regional Hospital at Atlanta $ 29,923,674 $ 25,368,683 Central State Hospital $ 126,109,278 $ 83,170,307 Georgia Regional Hospital at Savannah $ 19,880,233 $ 18,198,912 Gracewood State School and Hospital $ 51,859,806 $ 22,536,270 West Central Regional Hospital $ 19,995,464 $ 17,209,225 Outdoor Therapeutic Programs $ 3,995,292 $ 3,086,357

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Metro Drug Abuse Centers $ 1,309,656 $ 1,162,131 Community Mental Health Services $ 130,383,731 $ 124,367,891 Community Mental Retardation Services $ 89,969,143 $ 57,513,998 Community Substance Abuse Services $ 56,825,492 $ 31,927,812 State Administration $ 10,798,359 $ 6,930,930 Regional Administration $ 5,336,056 $ 4,694,825 Total $ 689,490,852 $ 497,194,036 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 20,836,745 Personal Services $ 9,721,978 Regular Operating Expenses $ 1,673,433 Travel $ 356,318 Motor Vehicle Purchases $ 31,100 Equipment $ 100,375 Computer Charges $ 142,000 Real Estate Rentals $ 961,025 Telecommunications $ 328,940 Per Diem, Fees and Contracts $ 1,110,712 Local Welcome Center Contracts $ 191,600 Marketing $ 5,800,264 Georgia Ports Authority Lease Rentals $ 625,000 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 21,092,745 State Funds Budgeted $ 20,836,745 Departmental Functional Budgets Total Funds State Funds Administration $ 9,510,057 $ 9,510,057 Economic Development $ 4,487,057 $ 4,387,057 Trade $ 1,630,998 $ 1,630,998

Page 75

Tourism $ 5,464,633 $ 5,308,633 Total $ 21,092,745 $ 20,836,745 Section 18. Department of Insurance. Budget Unit: Department of Insurance $ 15,149,383 Personal Services $ 13,493,200 Regular Operating Expenses $ 768,314 Travel $ 379,754 Motor Vehicle Purchases $ 86,733 Equipment $ 59,129 Computer Charges $ 448,235 Real Estate Rentals $ 804,047 Telecommunications $ 275,334 Per Diem, Fees and Contracts $ 141,292 Health Care Utilization Review $ 0 Total Funds Budgeted $ 16,456,038 State Funds Budgeted $ 15,149,383 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,396,908 $ 4,396,908 Insurance Regulation $ 6,612,720 $ 6,612,720 Industrial Loans Regulation $ 517,571 $ 517,571 Fire Safety and Mobile Home Regulations $ 4,928,839 $ 3,622,184 Total $ 16,456,038 $ 15,149,383 Section 19. Department of Labor. Budget Unit: Department of Labor $ 9,628,869 Personal Services $ 70,226,432 Regular Operating Expenses $ 7,424,929 Travel $ 1,346,137 Motor Vehicle Purchases $ 0 Equipment $ 844,965 Computer Charges $ 7,151,101 Real Estate Rentals $ 1,960,798 Telecommunications $ 1,419,406 Per Diem, Fees and Contracts (JTPA) $ 60,500,000 Per Diem, Fees and Contracts $ 3,161,030 W.I.N. Grants $ 0

Page 76

Payments to State Treasury $ 1,774,079 Capital Outlay $ 0 Total Funds Budgeted $ 155,808,877 State Funds Budgeted $ 9,628,869 Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 29,280,013 $ 7,768,177 Employment and Training Services $ 126,528,864 $ 1,860,692 Total $ 155,808,877 $ 9,628,869 Section 20. Department of Law. Budget Unit: Department of Law $ 12,521,718 Personal Services $ 11,874,661 Regular Operating Expenses $ 638,449 Travel $ 179,322 Motor Vehicle Purchases $ 0 Equipment $ 31,350 Computer Charges $ 360,793 Real Estate Rentals $ 698,548 Telecommunications $ 140,424 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 147,000 Total Funds Budgeted $ 14,130,547 State Funds Budgeted $ 12,521,718 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 1,158,103,344 Personal Services $ 15,540,478 Regular Operating Expenses $ 5,994,250 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 39,500 Computer Charges $ 24,169,000 Real Estate Rentals $ 765,380 Telecommunications $ 475,000 Per Diem, Fees and Contracts $ 61,570,859

Page 77

Medicaid Benefits, Penalties and Disallowances $ 3,243,802,230 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,353,317,597 State Funds Budgeted $ 1,158,103,344 Department Functional Budgets Total Funds State Funds Commissioner's Office $ 1,622,440 $ 811,217 Benefits, Penalties and Disallowances $ 3,243,802,230 $ 1,133,718,248 Systems Management $ 31,798,882 $ 10,220,495 Indemnity Chronic Care $ 1,455,058 $ 639,801 Maternal and Child Health $ 1,304,250 $ 463,423 Reimbursement Services $ 9,173,992 $ 3,815,280 Indemnity Acute Care $ 1,734,493 $ 806,076 Legal and Regulatory $ 5,434,450 $ 2,717,225 Managed Care $ 4,382,441 $ 1,934,951 General Administration $ 52,609,361 $ 2,976,628 Total $ 3,353,317,597 $ 1,158,103,344 B. Budget Unit: Indigent Trust Fund $ 148,828,880 Per Diem, Fees and Contracts $ 8,200,000 Benefits $ 376,800,000 Total Funds Budgeted $ 385,000,000 State Funds Budgeted $ 148,828,880 Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 8,806,316 Regular Operating Expenses $ 1,815,695 Travel $ 93,500 Equipment $ 27,787 Real Estate Rents $ 863,078 Per Diem, Fees and Contracts $ 172,478,321

Page 78

Computer Charges $ 3,404,105 Telecommunications $ 450,146 Health Insurance Payments $ 911,827,186 Total Funds Budgeted $ 1,099,766,134 Other Agency Funds $ 152,001 Agency Assessments $ 11,927,339 Employee and Employer Contributions $ 1,087,461,889 Deferred Compensation $ 224,905 State Funds Budgeted $ 0 Department Functional Budgets Total Funds State Funds Commissioner's Office $ 2,858,888 $ 0 Applicant Services $ 2,634,656 $ 0 Classification and Compensation $ 1,602,242 $ 0 Flexible Benefits $ 1,250,694 $ 0 Employee Training and Development $ 1,256,551 $ 0 Health Insurance Administration $ 1,086,460,247 $ 0 Accounting and Audits $ 1,089,437 $ 0 Administration and Systems $ 2,613,419 $ 0 Total $ 1,099,766,134 $ 0 Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 104,767,909 Personal Services $ 74,752,387 Regular Operating Expenses $ 15,218,303 Travel $ 543,147 Motor Vehicle Purchases $ 2,137,217 Equipment $ 2,455,943 Real Estate Rentals $ 2,317,656 Per Diem, Fees and Contracts $ 3,516,651 Computer Charges $ 886,332 Telecommunications $ 1,293,265

Page 79

Authority Lease Rentals $ 20,915 Advertising and Promotion $ 575,000 Cost of Material for Resale $ 2,878,663 Capital Outlay: New Construction $ 1,408,810 Repairs and Maintenance $ 2,907,140 Land Acquisition Support $ 213,750 Wildlife Management Area Land Acquisition $ 754,174 Shop Stock - Parks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 26,250 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants: Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 256,500 Recreation $ 800,000 Chattahoochee River Basin Grants $ 2,700,000 Contracts: Paralympic Games $ 895,000 Technical Assistance Contract $ 101,213 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia State Games Commission $ 202,448 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 Payments to Civil War Commission $ 31,000 Hazardous Waste Trust Fund $ 17,900,013 Solid Waste Trust Fund $ 5,396,990 Payments to Georgia Agricultural Exposition Authority $ 2,324,684 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 6,650 Total Funds Budgeted $ 146,040,148 Receipts from Jekyll Island State Park Authority $ 888,943 Receipts from Stone Mountain Memorial Association $ 3,811,965 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,424,501 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 104,767,909

Page 80

Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 5,993,660 $ 5,978,660 Program Support $ 2,784,017 $ 2,784,017 Historic Preservation $ 2,256,346 $ 1,766,346 Parks, Recreation and Historic Sites $ 43,147,084 $ 17,194,167 Coastal Resources $ 2,545,543 $ 2,420,825 Wildlife Resources $ 34,562,446 $ 29,658,025 Environmental Protection $ 53,646,814 $ 43,861,631 Pollution Prevention Assistance $ 1,104,238 $ 1,104,238 Total $ 146,040,148 $ 104,767,909 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 2,614,812 Regular Operating Expenses $ 1,958,978 Travel $ 24,959 Motor Vehicle Purchases $ 30,000 Equipment $ 85,000 Computer Charges $ 15,000 Real Estate Rentals $ 0 Telecommunications $ 50,000 Per Diem, Fees and Contracts $ 695,000 Capital Outlay $ 0 Total Funds Budgeted $ 5,473,749 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 5,473,749 $ 0

Page 81

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 101,208,644 1. Operations Budget: Personal Services $ 61,349,647 Regular Operating Expenses $ 7,608,813 Travel $ 104,095 Motor Vehicle Purchases $ 3,907,500 Equipment $ 542,054 Computer Charges $ 3,701,067 Real Estate Rentals $ 28,962 Telecommunications $ 1,680,294 Per Diem, Fees and Contracts $ 1,285,050 State Patrol Posts Repairs and Maintenance $ 145,100 Capital Outlay $ 0 Conviction Reports $ 0 Total Funds Budgeted $ 80,352,582 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 78,702,582 2. Driver Services Budget: Personal Services $ 18,162,449 Regular Operating Expenses $ 1,232,457 Travel $ 57,181 Motor Vehicle Purchases $ 0 Equipment $ 69,800 Computer Charges $ 0 Real Estate Rentals $ 47,262 Telecommunications $ 633,853 Per Diem, Fees and Contracts $ 41,500 Capital Outlay $ 0 Conviction Reports $ 303,651 State Patrol Posts Repairs and Maintenance $ 34,900 Driver License Processing $ 1,923,009 Total Funds Budgeted $ 22,506,062 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 22,506,062 Departmental Functional Budgets Total Funds State Funds Administration $ 22,495,587 $ 20,995,587

Page 82

Driver Services $ 22,506,062 $ 22,506,062 Field Operations $ 57,856,995 $ 57,706,995 Total $ 102,858,644 $ 101,208,644 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,435,708 Attached Units Budget: Personal Services $ 7,952,159 Regular Operating Expenses $ 2,550,274 Travel $ 103,800 Motor Vehicle Purchases $ 29,443 Equipment $ 204,322 Computer Charges $ 163,762 Real Estate Rentals $ 154,497 Telecommunications $ 175,746 Per Diem, Fees and Contracts $ 578,362 Highway Safety Grants $ 2,425,200 Peace Officers Training Grants $ 3,972,660 Capital Outlay $ 0 Total Funds Budgeted $ 18,310,225 State Funds Budgeted $ 14,435,708 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,054,814 $ 330,297 Georgia Peace Officers Standards and Training $ 1,444,682 $ 1,444,682 Police Academy $ 1,166,853 $ 1,076,853 Fire Academy $ 1,188,742 $ 1,078,742 Georgia Firefighters Standards and Training Council $ 470,003 $ 470,003 Georgia Public Safety Training Facility $ 10,985,131 $ 10,035,131 Total $ 18,310,225 $ 14,435,708

Page 83

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System. $ 14,212,500 Payments to Employees' Retirement System $ 575,000 Employer Contributions $ 13,637,500 Total Funds Budgeted $ 14,212,500 State Funds Budgeted $ 14,212,500 Section 26. Public Service Commission. Budget Unit: Public Service Commission $ 8,247,316 Personal Services $ 7,101,209 Regular Operating Expenses $ 607,205 Travel $ 225,530 Motor Vehicle Purchases $ 18,000 Equipment $ 40,270 Computer Charges $ 503,424 Real Estate Rentals $ 324,420 Telecommunications $ 153,298 Per Diem, Fees and Contracts $ 1,322,663 Total Funds Budgeted $ 10,296,019 State Funds Budgeted $ 8,247,316 Departmental Functional Budgets Total Funds State Funds Administration $ 1,972,568 $ 1,972,568 Transportation $ 3,446,979 $ 1,606,480 Utilities $ 4,876,472 $ 4,668,268 Total $ 10,296,019 $ 8,247,316 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 1,162,414,280 Personal Services: Educ., Gen., and Dept. Svcs $ 1,240,822,469 Sponsored Operations $ 204,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 295,640,982 Sponsored Operations $ 146,000,000 Special Funding Initiative $ 20,352,506 Office of Minority Business Enterprise $ 1,276,046

Page 84

Student Education Enrichment Program $ 359,714 Forestry Research $ 388,344 Research Consortium $ 6,645,000 Capital Outlay $ 0 Total Funds Budgeted $ 1,915,485,061 Departmental Income $ 42,000,000 Sponsored Income $ 350,000,000 Other Funds $ 358,043,481 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 1,162,414,280 B. Budget Unit: Regents Central Office and Other Organized Activities $ 175,926,490 Personal Services: Educ., Gen., and Dept. Svcs $ 274,269,977 Sponsored Operations $ 69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 127,294,177 Sponsored Operations $ 38,184,000 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,397,136 Advanced Technology Development Center $ 2,062,129 Capitation Contracts for Family Practice Residency $ 3,864,204 Residency Capitation Grants $ 2,119,378 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 7,000,000 Morehouse School of Medicine Grant $ 5,868,890 Capital Outlay $ 250,000 Center for Rehabilitation Technology $ 2,505,183 SREB Payments $ 5,198,650 Medical Scholarships $ 1,357,718 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 1,122,866 CRT Inc. Contract at Georgia Tech Research Institute $ 208,403 Area Health Education Centers $ 425,000 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 14,826,489 Total Funds Budgeted $ 559,774,600 Departmental Income $ 0 Sponsored Income $ 109,767,000 Other Funds $ 273,525,410

Page 85

Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 175,926,490 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 1,989,517 $ 1,359,434 Skidaway Institute of Oceanography $ 3,933,780 $ 1,519,510 Marine Institute $ 1,376,989 $ 976,989 Georgia Tech Research Institute $ 117,578,655 $ 13,348,554 Education Extension Services $ 11,038,929 $ 2,617,757 Agricultural Experiment Station $ 59,040,970 $ 38,452,317 Cooperative Extension Service $ 49,210,724 $ 31,398,407 Medical College of Georgia Hospital and Clinics $ 253,861,493 $ 32,956,551 Veterinary Medicine Experiment Station $ 2,887,931 $ 2,887,931 Veterinary Medicine Teaching Hospital $ 2,827,763 $ 527,752 Joint Board of Family Practice $ 24,186,026 $ 24,186,026 Georgia Radiation Therapy Center $ 3,044,746 $ 0 Athens and Tifton Veterinary Laboratories $ 3,128,504 $ 128,504 Regents Central Office $ 25,668,573 $ 25,566,758 Total $ 559,774,600 $ 175,926,490

Page 86

C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 9,384,773 Operating Expenses $ 14,825,274 Total Funds Budgeted $ 24,210,047 Other Funds $ 24,210,047 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 78,504,000 Equipment, Technology and Construction Trust Fund $ 16,400,000 Chehaw Education Center $ 2,000,000 Georgia Public Telecommunications Commission $ 1,500,000 Georgia Research Alliance $ 48,254,000 Special Funding Initiatives $ 10,100,000 Mercer University Grant - Equipment $ 250,000 Total Funds Budgeted $ 78,504,000 Lottery Funds Budgeted $ 78,504,000 Section 28. Department of Revenue. Budget Unit: Department of Revenue $ 106,298,485 Personal Services $ 58,941,444 Regular Operating Expenses $ 5,217,457 Travel $ 1,366,540 Motor Vehicle Purchases $ 251,386 Equipment $ 421,189 Computer Charges $ 14,270,790 Real Estate Rentals $ 2,855,447 Telecommunications $ 2,867,510 Per Diem, Fees and Contracts $ 1,288,300 County Tax Officials/Retirement and FICA $ 3,422,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,404,350 Postage $ 3,721,810 Investment for Modernization $ 14,454,832 Total Funds Budgeted $ 111,483,850 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 106,298,485 Department Functional Budgets Total Funds State Funds Departmental Administration $ 6,986,179 $ 6,986,179

Page 86

Internal Administration $ 11,260,392 $ 11,110,392 Electronic Data Processing $ 26,743,346 $ 25,728,146 Field Services $ 16,294,072 $ 16,154,072 Income Tax Unit $ 8,027,629 $ 7,727,629 Motor Vehicle Unit $ 18,562,372 $ 17,262,372 Central Audit Unit $ 7,959,879 $ 7,959,879 Property Tax Unit $ 4,705,324 $ 3,164,959 Sales Tax Unit $ 3,910,990 $ 3,810,990 State Board of Equalization $ 43,700 $ 43,700 Taxpayer Accounting $ 4,481,118 $ 3,841,318 Alcohol and Tobacco $ 2,508,849 $ 2,508,849 Total $ 111,483,850 $ 106,298,485 Section 29. Secretary of State. A. Budget Unit: Secretary of State $ 28,690,910 Personal Services $ 17,914,428 Regular Operating Expenses $ 3,491,536 Travel $ 244,500 Motor Vehicle Purchases $ 87,050 Equipment $ 119,190 Computer Charges $ 2,621,110 Real Estate Rentals $ 2,462,246 Telecommunications $ 939,859 Per Diem, Fees and Contracts $ 1,425,856 Election Expenses $ 485,000 Total Funds Budgeted $ 29,790,775 State Funds Budgeted $ 28,690,910 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,867,144 $ 3,837,144 Archives and Records $ 4,868,551 $ 4,793,551 Business Services and Regulation $ 4,518,188 $ 3,748,188

Page 88

Elections and Campaign Disclosure $ 4,371,524 $ 4,351,524 Drugs and Narcotics $ 1,159,699 $ 1,159,699 State Ethics Commission $ 437,541 $ 382,676 State Examining Boards $ 10,446,875 $ 10,296,875 Holocaust Commission $ 121,253 $ 121,253 Total $ 29,790,775 $ 28,690,910 B. Budget Unit: Real Estate Commission $ 2,185,821 Personal Services $ 1,302,862 Regular Operating Expenses $ 157,100 Travel $ 15,000 Motor Vehicle Purchases $ 23,000 Equipment $ 10,631 Computer Charges $ 335,622 Real Estate Rentals $ 165,300 Telecommunications $ 41,556 Per Diem, Fees and Contracts $ 134,750 Total Funds Budgeted $ 2,185,821 State Funds Budgeted $ 2,185,821 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,185,821 $ 2,225,821 Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 2,122,473 Personal Services $ 1,150,400 Regular Operating Expenses $ 209,454 Travel $ 43,268 Motor Vehicle Purchases $ 25,322 Equipment $ 10,970 Computer Charges $ 12,045 Real Estate Rentals $ 91,563 Telecommunications $ 20,773

Page 89

Per Diem, Fees and Contracts $ 797,015 County Conservation Grants $ 297,000 Total Funds Budgeted $ 2,657,810 State Funds Budgeted $ 2,122,473 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission $ 32,732,855 Personal Services $ 425,609 Regular Operating Expenses $ 15,000 Travel $ 16,000 Motor Vehicle Purchases $ 0 Equipment $ 2,500 Computer Charges $ 13,822 Real Estate Rentals $ 45,600 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 25,000 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 3,292,641 Tuition Equalization Grants $ 25,452,487 Student Incentive Grants $ 2,216,321 Law Enforcement Personnel Dependents' Grants $ 64,000 North Georgia College ROTC Grants $ 321,875 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 730,000 Paul Douglas Teacher Scholarship Loans $ 0 Total Funds Budgeted $ 32,732,855 State Funds Budgeted $ 32,732,855 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority $ 32,177,324 $ 32,177,324 Georgia Nonpublic Postsecondary Education Commission $ 555,531 $ 555,531 Total $ 32,732,855 $ 32,732,855 B. Budget Unit: Lottery for Education $ 161,118,161 HOPE Financial Aid - Tuition $ 75,213,784 HOPE Financial Aid - Books $ 21,277,807 HOPE Financial Aid - Fees $ 14,498,583 Tuition Equalization Grants $ 37,325,387

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Georgia Military College Scholarship $ 567,000 LEPD Scholarship $ 235,600 Teacher Scholarships $ 10,000,000 Promise Scholarships $ 2,000,000 Total Funds Budgeted $ 161,118,161 Lottery Funds Budgeted $ 161,118,161 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,130,000 Personal Services $ 4,895,407 Regular Operating Expenses $ 423,900 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 16,150 Computer Charges $ 877,791 Real Estate Rentals $ 475,958 Telecommunications $ 146,000 Per Diem, Fees and Contracts $ 371,000 Retirement System Members $ 3,750,000 Floor Fund for Local Retirement Systems $ 380,000 Total Funds Budgeted $ 11,356,706 State Funds Budgeted $ 4,130,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 204,748,573 Personal Services $ 5,454,771 Regular Operating Expenses $ 615,390 Travel $ 162,380 Motor Vehicle Purchases $ 0 Equipment $ 188,350 Real Estate Rentals $ 626,498 Per Diem, Fees and Contracts $ 776,588 Computer Charges $ 909,404 Telecommunications $ 126,005 Salaries and Travel of Public Librarians $ 13,646,649 Public Library Materials $ 5,828,704 Talking Book Centers $ 974,478 Public Library Maintenance and Operation $ 4,998,958

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Capital Outlay $ 556,000 Personal Services-Institutions $ 139,975,275 Operating Expenses-Institutions $ 39,545,121 Area School Program $ 19,950,378 Adult Literacy Grants $ 18,490,140 Regents Program $ 3,390,682 Quick Start Program $ 9,510,510 Total Funds Budgeted $ 265,726,281 State Funds Budgeted $ 204,748,573 Departmental Functional Budgets Total Funds State Funds Administration $ 8,859,386 $ 5,760,736 Institutional Programs $ 256,866,895 $ 198,987,837 Total $ 265,726,281 $ 204,748,573 B. Budget Unit: Lottery for Education $ 91,965,507 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 46,311,349 Equipment-Technical Institutes $ 38,859,158 Repairs and Renovations - Technical Institutes $ 5,295,000 Assistive Technology Grants $ 500,000 Total Funds Budgeted $ 91,965,507 Lottery Funds Budgeted $ 91,965,507 Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 542,478,959 Personal Services $ 253,505,942 Regular Operating Expenses $ 56,920,469 Travel $ 1,970,840 Motor Vehicle Purchases $ 2,000,000 Equipment $ 6,677,626 Computer Charges $ 3,929,287 Real Estate Rentals $ 1,337,073 Telecommunications $ 2,743,320 Per Diem, Fees and Contracts $ 41,559,264 Capital Outlay $ 780,007,661 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay - Airport Development $ 1,267,500 Mass Transit Grants $ 9,933,053 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 700,000

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Contracts with the Georgia Rail Passenger Authority $ 350,000 Total Funds Budgeted $ 1,163,926,135 State Funds Budgeted $ 542,478,959 Departmental Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 864,535,711 $ 265,475,477 Maintenance and Betterments $ 241,935,601 $ 230,011,616 Facilities and Equipment $ 14,076,201 $ 13,516,201 Administration $ 24,775,579 $ 24,150,579 Total $ 1,145,323,092 $ 533,153,873 General Funds Budget Planning and Construction $ 1,281,803 $ 1,281,803 Air Transportation $ 2,202,103 $ 1,815,103 Inter-Modal Transfer Facilities $ 14,419,137 $ 5,528,180 Harbor/Intra-Coastal Waterways Activities $ 700,000 $ 700,000 Total $ 18,603,043 $ 9,325,086 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 20,268,189 Personal Services $ 5,095,669 Regular Operating Expenses $ 147,282 Travel $ 80,629 Motor Vehicle Purchases $ 0 Equipment $ 114,855 Computer Charges $ 10,881 Real Estate Rentals $ 248,700 Telecommunications $ 62,200 Per Diem, Fees and Contracts $ 14,179,413 Operating Expense/Payments to Medical College of Georgia $ 7,595,980

Page 93

Regular Operating Expenses for Projects and Insurance $ 773,180 Total Funds Budgeted $ 28,308,789 State Funds Budgeted $ 20,268,189 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 20,309,962 $ 14,713,516 Veterans Nursing Home-Augusta $ 7,998,827 $ 5,554,673 Total $ 28,308,789 $ 20,268,189 Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 10,702,701 Personal Services $ 8,666,608 Regular Operating Expenses $ 372,074 Travel $ 76,840 Motor Vehicle Purchases $ 0 Equipment $ 17,252 Computer Charges $ 247,479 Real Estate Rentals $ 1,079,835 Telecommunications $ 207,613 Per Diem, Fees and Contracts $ 225,000 Payments to State Treasury $ 0 Total Funds Budgeted $ 10,892,701 State Funds Budgeted $ 10,702,701 Section 37. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 539,713,451 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 574,713,451 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 46,752,340 Motor Fuel Tax Funds (New) $ 0 $ 46,752,340

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Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) 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 the 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; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; 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; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; 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; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 39. Provisions Relative to Section 4, Department of Administrative Services. Vetoed 3-11-97 Zell Miller It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. Provisions Relative to Section 8, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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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 Clayton County Recreational Equipment in Clayton County $ 25,000 DeKalb County Operation of Hot Zone Policing $ 10,000 Appling County Expenses Related to Capital Murder Trials $ 25,000 City of Ashburn Construction of Sports Facilities $ 25,000 Cobb County Preservation of the Hardy Pace House $ 20,000 Athens/Clarke County Operating Funds for the Safe Campus Now Program $ 40,000 Bibb County Roof Repairs at the Bibb County Community Action Agency $ 5,000 Haralson County Equip/Operate Haralson County Recreational Facilities $ 15,000 City of Atlanta Renovate and Equip the Jerico Road Project in Atlanta $ 30,000 City of Augusta Land Purchase at Historical Ezekiel Harris House $ 50,000 Bacon County Renovate and Equip the Historic Courthouse $ 25,000 City of Barnesville Extension of Water Lines $ 12,500 City of Augusta Operation of the Augusta Task Force for the Homeless $ 15,000

Page 96

Berrien County Construction of Lecture Hall $ 50,000 Brantley County Purchase Fire and Rescue Equipment $ 15,000 Brooks County Repairs and Additions to Brooks County Livestock Arena $ 50,000 City of Broxton Renovation to the Fire Department and Community Center $ 10,000 Butts County Equipment and Lighting at Recreational Fields $ 25,000 City of Byromville Upgrade Water Mains $ 20,000 City of Calhoun Renovation and Restoration of Historic Railroad Depot $ 25,000 City of Camilla Renovations and Repairs to Facilities $ 35,000 Worth County Construction of a Softball Complex $ 25,000 Candler County Expansion of Visitors Center $ 10,000 City of Centerville Construction of Fire Station $ 50,000 Charlton County Purchase Fire and Rescue Equipment and Paint Rescue Truck $ 15,000 Chatham County Replant Trees Between Bryanwood and Talahi Island on Route 80 $ 10,000 Clinch County Board of Education Improvements and Equipment for Multi-purpose Building $ 10,000 Clayton County Clayton County Board of Education Prevention Plus Program $ 25,000

Page 97

City of Cochran Improvements to the Fire Station $ 25,000 Gwinnett County Board of Education Lights and Handicappped Access for the Collins Hill High School Athletic Fields $ 50,000 City of Columbus Purchase Equipment and Operate the Liberty Theatre Cultural Center $ 75,000 City of Columbus Renovations to the Springer Opera House $ 50,000 City of Commerce Renovations to the Civic Center $ 35,000 Crawford County Board of Education Heating and Plumbing System Repairs for Gymnasium $ 5,000 City of Columbus Operation of the Columbus Tourism Network $ 25,000 City of Columbus Operation of the Play and Learn Together Program $ 25,000 Crawford County Improvements at the Crawford County Industrial Authority Park $ 50,000 Crisp County Board of Education Equipment for Crisp County Board of Education Middle School Laboratory $ 25,000 Crisp County Board of Education Lighting for Crisp County High School Softball Field $ 15,000 DeKalb County Training at DeKalb United Child Care Association $ 25,000 City of Fort Oglethorpe Construction of a Historical Museum $ 10,000 City of Franklin Springs Renovations to Wastewater Treatment Facility $ 45,000

Page 98

Franklin County Design Franklin County/Hart County Airport $ 5,000 Fulton County Board of Education Classrooms for Fulton County Board of Education $ 60,000 Fulton County Operation of Center for Renewal of Democracy $ 25,000 City of Garden City Improvements to Gymnasium and Stadium $ 8,000 City of Girard Renovations to Gymnasium $ 7,500 City of Sardis Improvements to City of Sardis $ 7,500 City of Grayson Equipment Furnishings for Community Senior Center $ 25,000 Greene County Purchase and Installation of chain link fence for Greene County Airport $ 40,000 Henry County Board of Education Construction of a Fine Arts Building $ 12,500 Houston County Operation of the Museum of Aviation $ 175,000 Houston County Board of Education Athletic Field Fencing for Houston County High School $ 10,000 Jackson County Erection of Monument $ 2,500 Jasper County Board of Education Renovation of Elementary School Restroom and Rose Bowl Field $ 40,000 Jeff Davis County Administrative Cost and Legal Fees for Jeff Davis Hospital Authority $ 15,000 Jeff Davis County Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center $ 15,000

Page 99

Jenkins County Improvements to Jenkins County Development Authority Facilities and Improvements to Jenkins County High School Football Stadium $ 50,000 City of Kite Renovations to Heating System for Community Center $ 4,250 Chatham County Renovation/Restoration of the Beach Institute Building $ 20,000 City of LaGrange Purchase Equipment for City of LaGrange/Troup County Recreation Commission $ 10,000 City of Lake City Improvements to Park and Recreation Facilities $ 20,000 Lamar County Plan/Construct Livestock Pavillion and Arena $ 12,500 Lanier County Board of Education Renovations and Heating, Ventilation and Air Conditioning Addition for Facility $ 10,000 Long County Purchase of Patrol Car $ 18,000 City of Lincolnton Correction to Flood Control Problem $ 12,000 City of Lula Renovations to Old City Hall Building $ 20,000 City of Gainesville Operation of a Gainesville Community Facility $ 10,000 Lumpkin County Construction of Animal Shelter $ 10,000 City of Lyerly Upgrade Water System $ 30,000

Page 100

Macon County Purchase Equipment for Macon County Local Emergency Planning Commission $ 10,500 Madison County Provide for Infrastructure Study of Water and Sewer Systems $ 30,000 Meriwether County Renovate Old Greenville Railroad Depot $ 10,000 Meriwether County Creation of Recreation Department $ 10,000 City of Monroe Renovations to Monroe Area Comprehensive High School Athletic Track $ 15,000 Muscogee County Equipment and Operating Expenses for Columbus Community Center $ 20,000 Muscogee County Operation of Combined Communities of Southeast Columbus $ 20,000 Muscogee County Operation of MEN of Action Mentoring Program $ 10,000 City of Dalton Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home $ 40,000 Oconee Regional Library Renovations to Oconee Regional Library Facility $ 25,000 City of Odum Purchase Fire Equipment $ 5,000 City of Screven To Repair Facilities $ 5,000 Oglethorpe County Board of Education Extension of Water Line to New Oglethorpe County Elementary School $ 12,000 City of Milledgeville Planning and Restoration of Old Governor's Mansion $ 75,000

Page 101

Peach County For Operations of the Peach County Chamber of Commerce $ 15,000 Cobb County Board of Education Provide External Security Lighting for Pebblebrook High School $ 30,000 City of Columbus Operating Expenses for BRIDGE Program $ 15,000 Houston County Perry-Houston County Airport Authority Terminal and Hangar Improvements $ 50,000 Pierce County Purchase Fire and Rescue Equipment $ 15,000 Pulaski County Establish a Recreation Facility $ 10,000 Putnam County Repairs and Renovations to Putnam County Recreation Department Gymnasium $ 15,000 Rabun County Renovations of Rabun County Gymnasium $ 75,000 City of Rentz Repairs to Sewer System $ 10,000 City of Savannah Construction of Community Center $ 20,000 Dekalb County Purchase 36-passenger Bus for Senior Connections $ 62,000 Gwinnett County Board of Education Construct Athletic Stadium at Shiloh High School in Gwinnett County $ 25,000 Cobb County Board of Education Repairs, Construction and Equipment for South Cobb High School $ 35,000

Page 102

Gwinnett County Board of Education Recreation Equipment for Suwanee Elementary and Lanier Middle Schools $ 30,000 City of Swainsboro Construct and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority $ 40,000 Talbot County Board of Education Construct Central High School Greenhouse in Talbot County $ 45,000 Telfair County Production Costs for a Historical Drama $ 5,000 Telfair County Operating Expenses for Sheriff's Office $ 18,000 Towns County Production Costs for Reach of Song Drama $ 20,000 Twiggs County Board of Education Lights and Bleachers for Twiggs County High School Football Field $ 50,000 City of Tybee Island Painting of the Historic Tybee Lighthouse $ 15,000 Valdosta City Schools Repairs to Valdosta City School System Facilities $ 15,000 City of Vidalia Improvements to Flossie Hayes Park and Trippe Gymnasium $ 45,000 Ware County Board of Education Equipment Purchases for Ware County School System $ 6,000 Ware County Promotion Expenses for Waycross-Ware County Chamber Tourist Division $ 5,000 Wayne County Equipment and Renovations to River Park $ 5,000

Page 103

Wayne County Repairs and Construction to Recreation Facility $ 10,000 City of Waynesboro Acquiring and Renovating Human Development Centers $ 15,000 Webster County Heating and Cooling Equipment for Webster County Agriculture Education Center $ 25,000 City of Willacoochee Construction of a New City Hall $ 30,000 City of Fitzgerald Construction at Airport $ 50,000 Clayton County Shrubbery, Trees and Concrete Pipes and Containers $ 15,000 City of Bowersville Equipment for Repairs to Water System $ 10,000 Gwinnett County Board of Education Improvements to Duluth High School Baseball Field $ 30,000 City of East Dublin Improve City of East Dublin Water System $ 50,000 City of Eastman Construct and Equip Multi-purpose recreation Complex $ 25,000 Echols County Board of Education Enhancements to Echols County Board of Education Campuses $ 6,000 Emanuel County Construction and Renovation at Varner 4-H Center $ 17,500 Fannin County Purchase and Equipped Rescue Vehicle $ 30,000 City of Pelham Improvements to Water and Sewer System $ 35,000

Page 104

City of Atlanta Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University $ 250,000 City of Tallapoosa Equp/Operate Recreational Facilities $ 15,000 City of Bremen Equip/Operate Recreational Facilities $ 15,000 City of Cave Spring Improvements for Rolator Park $ 40,000 Fulton County Operation of Fulton County Drug Program $ 48,000 Dade County Renovation to Middle School Gymnasium $ 20,000 Fulton County Landscaping along Fulton Industrial Boulevard at Interstate 20 $ 50,000 Twiggs County Board of Education Lights and Bleachers for Twiggs County High School Football Field $ 50,000 Gwinnett County Roof Repairs at Creative Enterprises $ 50,000 Hall County Operation of Temporary Welcome Center $ 5,000 Richmond County Lights for Richmond County Little League Field $ 20,000 Richmond County Operation of the Richmond County Boxing Club $ 10,000 Cobb County Expansion of the Marietta/Cobb YWCA Battered Women's Shelter $ 20,000 City of Rockmart Renovation of Rockmart Recreation Complex $ 50,000

Page 105

City of Aragon Equipment/Operations of Recreational Facilities $ 10,000 City of Cedartown Equipment/Operation of Recreational Facilities $ 15,000 Coweta County Construction of Youth Athletic Complex $ 35,000 Treutlen County Construction of Recreation Field House $ 35,000 Hancock County Equipment for Volunteer Fire Department $ 10,000 City of Social Circle Renovation of Gunter Hall in Social Circle $ 15,000 DeKalb County Repairs to Pine Lake Dike $ 20,000 DeKalb County Operation of the Soapstone Arts Center $ 20,000 DeKalb County Operate the South DeKalb Business Incubator $ 20,000 DeKalb County Lighting for East Lake Neighbors $ 20,000 Screvens County Board of Education For Technology Equipment at the Screvens County School System $ 25,000 Jenkins County Board of Education Recreational Equipment for the Jenkins County School System $ 7,000 City of Plains Fire Equipment for the City of Plains $ 10,000 Peach County To Purchase Welcome Signs for Peach County $ 8,145 City of Montezuma Paving for Blanks Civic Complex $ 50,000 Chatham County Restoration and Renovation of Building for Con-Ed., Inc. $ 10,000

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Chatham County Operation of Chatham County Rape Crisis Center $ 10,000 Chatham County Renovation/Construction of the Savannah Lucas Theatre $ 35,000 McIntosh County Board of Education Purchase Bleachers for McIntosh County School System $ 35,000 Long County Purchase of Land for Long County Park $ 25,000 City of Greenville Construction of Greenville Railroad Depot $ 50,000 Hart County Operation of Hart County Parks $ 25,000 City of Cave Springs Operation of Crossroads Program for Georgia School for the Deaf $ 50,000 Lumpkin County Construction Veterans Park and Monument $ 15,000 Lumpkin County Board of Education Equipment Purchases for Lumpkin County High School $ 15,000 Bleckley County Construction/Renovation of Courthouse $ 50,000 City of Pelham For Lighting at the Pelham Livestock Complex $ 15,000 City of Ellijay Renovation/Construction for Vocational Transitions, Inc. $ 15,000 Fannin County Purchase Rescue Equipment $ 15,000 City of Douglas To Construct Softball/Soccer Complex $ 75,000

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Coffee County For Computer Programming at the Coffee County Health Department $ 75,000 City of Atlanta Litter Abatement $ 50,000 Clayton County Improvements to Rex Athletic Field $ 15,000 Pulaski County Establish a Recreation Facility in Pulaski County $ 50,000 City of Riverdale Improvements to Riverdale Recreational Facilitities $ 15,000 City of Morrow Improvements to Morrow Recreational Facilities $ 15,000 City of Forest Park Park Improvements in Forest Park $ 15,000 DeKalb County Operation of Violence Prevention Program $ 25,000 DeKalb County Operation of the Winning Circle Program $ 25,000 City of Americus Operation of Cultural Arts Program $ 25,000 City of Albany Accessible Van for Slater King Adult Day Center $ 30,000 Quitman County Renovations for the Quitman County Courthouse $ 25,000 DeKalb County Equipment for Initiative for Children and Families $ 15,000 Lowdnes County Board of Education Vocational Equipment for Lowndes County High School $ 10,000 City of Valdosta To Construct Valdosta Historic Monument $ 20,000 City of Sardis Equipment/Operations for City of Sardis $ 15,000

Page 108

City of Keysville Repairs to City Hall and City Van $ 10,000 Glynn County To Provide for Project SHARE $ 20,000 Fannin County For Operation of Georgia Mountain Health Services $ 37,440 Irwin County Construction of FFA Livestock Show Barn $ 25,000 Seminole County Board of Education Construction of Greenhouse for Seminole High School $ 40,000 DeKalb County Equipment/Operation of Fernbank Museum $ 75,000 City of Milledgeville Historical Museum Restorations $ 10,000 DeKalb County Operation of Juvenile Court Truancy Program $ 40,000 City of Chamblee Law Enforcement Radio Equipment $ 7,500 Augusta/Richmond County Operation of Community-Based Organizations $ 50,000 Chatham County Development of Ralph Mark Gilbert Museum $ 20,000 Chatham County Operation of Savannah Tourism Network $ 10,000 Bibb County Regional Health Education Center in Macon to be operated by the Medical Center of Middle Georgia $ 2,000,000 Houston County Development Authority Construction of Warner Robins Engineering Facility $ 3,000,000

Page 109

Newton County Purchase of Land for Economic Development and Site Preparation $ 7,100,000 City of Vidalia Renovations to Recreation Facilities $ 20,000 City of Lyons Renovations to Recreation Facilities $ 20,000 Wheeler County Renovations to Recreation Facilities $ 20,000 Fulton County Board of Education Construction and Equipment for Outdoor Science Classroom at Dolvin Elementary $ 15,000 City of Adel Roof Repairs to City Hall $ 15,000 City of Nashville Replacement Lights for Berrien County Courthouse Grounds $ 20,000 Cook County Construction of EMS Building $ 35,000 Putnam County Purchase Bleachers for Putnam County Recreation Authority $ 15,000 Greene County Fencing for Greene County Regional Airport $ 15,000 City of Eatonton Renovations and Repairs to Recreation Complex $ 15,000 City of Cochran Heating and Air Conditioning System for City Auditorium $ 29,000 City of Duluth Construction of Ball Fields $ 20,000 City of Duluth Construction of Pavilion $ 20,000 City of Eastman Improvements/Equipment for Eastman-Dodge Recreation Facilities $ 15,000

Page 110

Augusta-Richmond County Operation of the Augusta Area Genealogical Society $ 35,000 City of Kingston Equip and Renovate Recreation Facility $ 25,000 Ware County Board of Education Equipment for Baseball Field and Tennis Courts $ 30,000 Ware County Board of Education Improvements to Athletic Grounds at Manor Magnet School $ 10,000 City of Waycross Area Tourism Promotion in Waycross and Ware and Pierce Counties $ 7,000 City of Port Wentworth Relocation of Ball Park $ 25,000 Fulton County Renovations to Williams-Payne House $ 15,000 City of Hawkinsville Repairs to Library $ 15,000 Dooly County Purchase Land for Government Complex $ 50,000 City of Valdosta Expansions to Food Bank $ 40,000 Stewart County Purchase Transport Bus for Stewart-Webster Rural Health Service $ 25,000 Quitman County Repairs to Old Courthouse $ 20,000 City of Cuthbert Renovations to Library $ 10,000 City of Dawson Expansion and Improvements to Airport Facilities $ 25,000 Terrell County Planning and Design for Renovation of Courthouse $ 50,000 Columbia County Board of Education Renovations to Football Stadium at Lakeside High School $ 20,000

Page 111

Columbia County Board of Commissioners Construction of Fields for the Martinez-Evans Little League $ 20,000 City of Sycamore Improvements to Water System $ 20,000 City of Warwick Purchase Vehicle for Police Department $ 15,000 City of Leesburg Repair and Replace Sidewalks $ 12,000 Wilcox County Relocation of School Bus Shop $ 50,000 Warren County Equipment for DFACS Facility $ 25,000 Macon County Construction of a Parking and Reading Park at the Macon County Library $ 50,000 Stephens County Study Commission for a Consolidation Feasibility Study $ 15,000 Stephens County Board of Education Provide Health Services for the Stephens County School System $ 25,000 Jasper County Board of Education Renovations to Washington Park Elementary School $ 40,000 Jones County Repairs to Fire Station and Fire Truck $ 25,000 City of Grayson Operation of Outdoor Facilities at the Senior Citizens Center $ 62,000 Screven County Equipment for Community Services and Senior Citizens Center $ 41,000 City of Sandersville Repairs to the National Guard Armory $ 50,000 Lincoln County Equipment for the Historical Society $ 15,000

Page 112

Wilkes County Renovations to Wilkes County Airport $ 25,000 Elbert County Board of Education Renovations and Equipment for Falling Creek Elementary $ 5,000 Wayne County Courthouse Repairs $ 30,000 Long County Courthouse Repairs $ 20,000 Chatham County Firing Range for the Criminal Justice Training Center at Armstrong Atlantic State University $ 40,000 Baldwin County Operation of Council on Substance Abuse $ 20,000 Baldwin County Operation of 2000 + Museum $ 10,000 Baldwin County Downtown Developments $ 10,000 Truetlen County Board of Education Improvements to High School Athletic Complex $ 20,000 City of Kite Improvements to Recreation Complex $ 5,000 Emanuel County Construction of Alternative Farmers Market Center $ 25,000 Chatham County Renovations to Coastal Heritage Society/Historic Railroad Shops $ 25,000 City of Savannah Construction of Alternate Emergency Access Route $ 25,000 City of Summerville Repairs to Sewage System $ 50,000 Seminole County Board of Education Construction of Pavilion and Bleachers at Seminole County High School $ 10,000 Miller County Purchase Fire Truck $ 15,000 Bibb County Operation of Harriett Tubman Museum $ 50,000

Page 113

Bibb County Operation/Renovation of the Macon Little League $ 15,000 City of Byron Construction of Water Tank and Improvements to Industrial Park for the Byron Development Authority $ 50,000 Crawford County Board of Education Improvements to Football Fields and Gymnasium Roof $ 25,000 Dougherty County Repairs to Patrol Post $ 46,000 Geinesville Board of Education Renovations to Gainesville High School Baseball Field $ 15,000 City of Doerum Improvements to Walking Track, Tennis Courts and Field Complex $ 12,500 City of Sale City Renovations to Community Center $ 12,500 City of Funston Purchase Fire Truck $ 20,000 Lanier County Board of Education Construct and Equip Football Facility $ 50,000 Lowndes County Purchase Land for Moody Air Force Base $ 75,000 City of Americus Construction of Firefighters Training Site $ 20,000 City of Chickamauga Renovations to the Recreation Department Walking Track and Softball Facilities $ 10,000 Walker County Renovation of Walker, Catoosa, Chatooga and Dade Family Violence Center Battered Women's Shelter $ 10,000

Page 114

Catoosa County Construct and Renovate Athletic Fields for Rock Spring Athletic Association $ 10,000 City of Fort Oglethorpe Renovations to Downtown Projects $ 15,000 Morgan County Operation of the North-east Georgia Wellness Program $ 20,000 City of Atlanta Operation of Juvenile Delinquency Prevention $ 50,000 Thomas County Operation of Murphy-Harps-Vashti Children's Home $ 40,000 City of Woodbury Purchase Land for Industrial Park $ 50,000 Richmond County Board of Education Improvements to Equipment Room and Field House at Westside High School $ 10,000 Bibb County Preservation of the Hay House $ 50,000 Columbus/Muscogee County Operation of the Springer Opera House $ 50,000 Columbus/Muscogee County Operation of Two Thousand Opportunities Inc. $ 50,000 Columbus/Muscogee County Operation and Renovation of Liberty Theater $ 50,000 Columbus/Muscogee County Operation of the After School Program $ 25,000 Columbus/Muscogee County Operate and Equip the Columbus Community Center $ 25,000 Talbot County Operation of Project STARS $ 25,000

Page 115

Columbus/Muscogee County Operation of the Summer Tutorial Program for Combined Communities of S.E. Columbus $ 25,000 Columbus/Muscogee County Operation of the Play and Learn Together Program $ 15,000 Columbus/Muscogee County Construct a Youth and Recreational Facility $ 15,000 Fulton County Operations of Opportunities Industrialization Centers $ 75,000 City of Cave Spring Renovations to Facilities $ 50,000 Bibb County For Detoxification Center Operations $ 50,000 City of Midway Restoration of Buildings and Grounds at Dorchester Center $ 25,000 Clayton County Operation of Calvary Refuge Transitional Shelter $ 25,000 City of Forest Park Improvements to Parks and Recreational Facilities $ 25,000 City of Morrow Operation of DARE and Neighborhood Watch $ 25,000 City of Perry Hangar Improvements for Perry-Houston County Airport $ 60,000 City of Warner Robins Construction of Warner Robins American Little League Playing Fields $ 15,000 Fulton County Operation/Equipment for the Cascade Youth Association $ 25,000 Fulton County Repairs and Renovations for the Southwest District YMCA $ 75,000

Page 116

Gwinnett County Board of Education Renovations to North Gwinnett Football and Softball Field $ 50,000 Clayton County Biking and Hiking Trail Improvements at Jester's Creek Trail $ 50,000 Telfair County Board of Education Purchase Band Uniforms $ 25,000 City of Bowersville Purchase Equipment for City Water Project $ 10,000 City of Hartwell Renovation of Law Enforcement Services Building $ 30,000 City of Canon Renovation and Equipment for the Community Center Building and City Park $ 10,000 City of Thunderbolt Improvements to W.E. Honey Memorial Park $ 25,000 Chatham County Operation of the Martin DePorres Society $ 10,000 Chatham County Design of Runaway Point Neighborhood Park $ 15,000 Rabun County Purchase Land for Rabun County $ 45,000 Towns County Purchase Fire Truck and Equipment $ 30,000 Burke County Implementation of Phase II of the CSRA Enterprise Communities and for Operation of an Atrisk Middle School $ 10,000 City of Girard Renovations to Gym Area $ 15,000 City of Midville Implementation of Phase II of the CSRA Enterprise Community Plan $ 10,000

Page 117

City of Keysville Implementation of Phase II of the CSRA Enterprise Community Plan $ 15,000 Jeff Davis County Fire Protection Assistance $ 25,000 City of Scotland City Improvements $ 10,000 Jeff Davis Board of Education Purchase Band Uniforms $ 5,000 Wayne County Expansion of Fire Station $ 5,000 City of Hazelhurst Historic Preservation Assistance $ 25,000 Appling County Historic Preservation Assistance $ 5,000 Oconee Regional Library Renovations to Library $ 35,000 City of East Dublin Expansion to Water and Sewage System $ 25,000 Bibb County Improvements to the Museum of Arts and Sciences $ 30,000 Bibb County Board of Education Implementation of the Core Knowledge Program in the Bibb County School System $ 20,000 Lamar County Construction of Livestock Facility Building $ 75,000 Bacon County Operation of the Alma/Bacon County Department of Inter-Governmental Relations $ 45,000 City of Alma Equipment and City Hall Renovations $ 10,000 Brantley County Equipment for the Brantley County Volunteer Fire Department $ 10,000 Pierce County Equipment for the Pierce County Volunteer Fire Department $ 4,000

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Charlton County Equipment for the Charlton County Volunteer Fire Department $ 2,000 Bacon County Equipment for the Bacon County Volunteer Fire Department $ 4,000 City of Carrollton Expansion of the East Carroll Park Recreation Area $ 50,000 City of Brunswick Equipment for Dixville Playground $ 20,000 McIntosh County Swimming Pool and Bathhouse for the McIntosh County Recreation Department $ 30,000 City of Atlanta Operation of Recreation Program $ 50,000 Columbus/Muscogee County Operation of the Easter Seal Program $ 25,000 Haralson County Operating Expenses for Recreation Department $ 45,000 Polk County Operating Expenses for Recreation Department $ 15,000 Paulding County Operating Expenses for Recreation Department $ 15,000 Berrien County Addition to Agriculture Building for Livestock Show $ 5,000 Gwinnett County Board of Education Improvements to Brookwood High School Athletic Facilities $ 40,000 Charlton County Board of Education Lighting for Baseball Field $ 16,951 Echols County Board of Education Repairs for Echols County High School Gymnasium $ 22,325

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Charlton County Board of Commissioners Paving for Health Clinic $ 4,460 Lanier County Board of Education Purchase Metal Detector for Lanier County High School $ 2,400 City of Lakeland Purchase Toximeter for Police Department $ 5,500 Hall County Watershed Assessment for Embayments of Lake Lanier $ 25,000 Brantley County Board of Commissioners Recreational Equipment for Community Center $ 15,000 City of Jesup Repairs to Railroad Crossing $ 20,000 City of Offerman Equipment for City Hall $ 10,000 Bibb County Equipment and Supplies for Animal Control $ 10,000 City of Macon Operations of Douglass Theater $ 15,000 Columbia County Board of Education Fencing for Greenbriar High School $ 15,000 Oglethorpe County Board of Education Curbing and Gutters for Oglethorpe County Elementary School $ 10,000 City of Lilburn Restroom Facilities for City Park $ 15,000 Hall County Planning for Regional Welcome Center $ 20,000 City of Wrens Replace Roof at City Hall $ 20,000 Jefferson County Roof Repairs at Historical Society and Museum $ 15,000 Dade County Surveillance Equipment for Sheriff's Department $ 25,000 Jefferson County Purchase Vehicle for the Sheriff's Department $ 15,000

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City of Louisville Purchase Vehicle for the Police Department $ 15,000 City of Wrens Purchase Vehicle for the Police Department $ 15,000 Cobb County Renovate and Upgrade North Cobb Service Center $ 25,000 Rockdale County Purchase Water Rescue/Diving Equipment for the Fire Department $ 30,000 Henry County Purchase Cascade System for Fire Department $ 20,000 City of Euharlee Renovate and Equip Recreational Facilities $ 20,000 City of Cartersville Operation of Arts and Recreation $ 20,000 City of Cedartown Equipment for Senior Citizens Center $ 10,000 City of Rockmart Purchase Equipment for Community Center $ 15,000 Liberty County Operation of Dorchester Academy $ 25,000 Paulding County Equipment for Senior Citizens Center $ 10,000 City of Pembroke Construction of Recreational Facilities $ 20,000 Long County Purchase Vehicle for the Sheriff's Department $ 12,000 Taliaferro County Purchase Vehicle for the Sheriff's Department $ 12,000 City of Milledgeville Operation of the Rape Crisis Center $ 18,000 City of Columbus Operation of the Rediscovery Program $ 25,000

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City of Columbus Operation of Southwest Columbus Against Drugs $ 15,000 City of Stone Mountain Drainage Improvements $ 30,000 Bryan County Operation of Richmond Hill Recreation Park $ 30,000 Liberty County Operation of Midway Museum $ 10,000 DeKalb County Art Station Operations $ 25,000 DeKalb County Operate/Equip of Scottdale Community Youth Athletic Association $ 20,000 Jenkins County Repairs for the Little League and High School Sports Fields $ 15,000 City of Collins Water Treatment Repairs $ 20,000 City of Thunderbolt Park Renovations $ 52,000 City of Glennville Improvements to Recreational Areas $ 15,000 City of Brooklet Renovate and Equip Community Building $ 15,000 City of Ideal Operations of the Fire Department $ 30,000 City of Americus Downtown Historic Preservation $ 37,500 Peach County Operation of Massee Lane Gardens Environmental Camp $ 15,000 Liberty County Construction of Firearms Complex for the Sheriff's Department $ 10,000 Harris County Board of Education Construction of a Greenhouse $ 50,000 City of Williamson Improvements to Facilities $ 5,000

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Pike County Improvements to Pike County Recreational Facilities $ 20,000 City of Greenville Improvements to Cemetary $ 15,000 City of Warm Springs Operation of Local Welcome Center $ 10,000 Elbert County Purchase Bookmobile for Elbert County Library $ 30,000 City of Jerfferson Operation of Crawford Long Museum $ 25,000 Floyd County Board of Education Purchase of Educational Technology $ 40,000 City of Rome School System Purchase of Educational Technology $ 40,000 Rabun County Operation of Fight Abuse in the Home $ 15,000 City of Decatur Renovations at Glenlake Park $ 50,000 DeKalb County Computer Equipment for Our House $ 7,000 City of Chamblee Storm Drainage Repair $ 7,000 City of Doraville Purchase Surveillance Equipment $ 7,000 City of Whigham Improvements to Recreational Facilities $ 20,000 Colquitt County For Air Conditioner at Cotton Hall Colquitt/Miller Arts Council $ 15,000 City of Blakley Purchase Building and Equipment for Recreation Complex $ 20,000 Fannin County Operation of Fannin County Georgia Mountain Health Services, Inc. $ 15,000

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Fannin County Phase II of Fannin County Recreation Department $ 25,000 Gilmer County Replace Roof at Gilmer County Civic Center $ 35,000 Clayton County Purchase Computer and Printer for the Rape Crisis Center $ 5,000 Clayton County Board of Education Purchase Band Uniforms for North Clayton High School $ 20,000 Clayton County Additional Classroom for the Nature Center Building at Reynolds Nature Preserve $ 30,000 Clayton County Operation of the Clayton Youth Empowerment Project $ 20,000 DeKalb County Operation of DeKalb County Community Outreach $ 15,000 DeKalb County Operation of South DeKalb Business Incubator $ 20,000 DeKalb County Operation of the Snapfinger YMCA After School Program $ 25,000 City of Fitzgerald Enhancements to Recreational Complex $ 15,000 Coffee County Construction of Fire Station for Green Acres $ 10,000 City of Jacksonville Construct Fire Station $ 5,000 City of Lumber City Enhance Recreational Complex $ 5,000 City of Milan Purchase Equipment for Fire Department $ 5,000

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Cobb County Feasibility Study for Rail Crossing in South Cobb County $ 30,000 City of Albany Health Educational Prevention Project $ 58,000 Murray County Board of Education Completion of Projects for the Murray County High School Agricenter $ 10,000 Whitfield County Operation of the Northwest Georgia Child Abuse Program $ 40,000 DeKalb County Operation of Sisters by Choice $ 10,000 DeKalb County Purchase Uniforms and Equipment for Gresham Park Athletic Association $ 10,000 DeKalb County Equipment for the Mark Trail Athletics Association $ 7,000 Cobb County Operation of the South Cobb County Senior Citizens Center $ 35,000 City of Powder Springs Operation of the Powder Springs Citizens Center $ 35,000 Lowndes County Operation of the Lowndes County Hospital Wellness Center $ 60,000 Lowndes County Purchase Books for the South Georgia Regional Library $ 5,000 Lowndes County Operation of the Lowndes County Brother's Two Residential Center, Inc. $ 5,000 City of Ochlocknee Water System Improvements $ 5,000

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DeKalb County Board of Education Improvements to Dunwoody High School Baseball Facilities $ 50,000 City of Keysville For a Human Resources Facility $ 50,000 City of Blackshear Roof Repairs to Old Depot $ 25,000 City of Augusta For Community-Based Programs $ 80,000 City of Bostwick Renovations at Susie Agnes Hotel $ 10,000 Bleckley County Board of Education Purchase Furniture for the Bleckley County Elementary School $ 50,000 City of Warner Robins Construction of Warner Robins American Little League Fields $ 10,000 Houston County Improvements to Athletic Fields $ 50,000 City of Warner Robins Purchase Van for the Senior Citizens Center $ 25,000 Montgomery County Sewer Line Improvements $ 10,000 Chatham County Repairs to Coastal Center for Developmental Services $ 10,000 Chatham County Operation of Ralph Mark Gilbert Civil Rights Museum $ 25,000 Randolph County Repairs to Randolph County Courthouse $ 5,000 Burke County Operation of the Center for Integrated Rural Development $ 62,500 Irwin County Repairs to Irwin County Courthouse Annex $ 25,000

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City of Homerville Construct and Equip the Homerville-Pearidge Recreation Facility $ 100,000 City of Dawsonville Automobile Racing Hall of Fame Facility $ 30,000 Polk County Improvements to Polk County Airport $ 50,000 City of Blairsville Extension of Water and Sewage System $ 300,000 DeKalb County Operation of the South DeKalb Business Incubator $ 10,000 Chattahoochee County Board of Education Purchase Computer Tables for the Chattahoochee Middle School $ 58,000 City of Eastman Improvements for the Eastman-Dodge Development Authority Art Facilities $ 16,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 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. Section 42. Provisions Relative to Section 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 146.

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Section 43. Provisions Relative to Section 16, 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, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. Provisions Relative to Section 21, 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. Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care program for personal assistance and support.

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Vetoed 3-11-97 Zell Miller Provided, the Department shall exclude pharmacy services in the [Illegible Text] pilot, and allow acute care hospitals statewide to contract with Medicaid for services on a non-risk capitated rate. Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $182.10 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 1997 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 1997 shall not exceed 8.66%. It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. Section 46. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. It is the intent of the General Assembly that the Department of Natural Resources do a feasibility study with existing funds to develop a natural park and/or wilderness area along the Ocmulgee River. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 47. Provisions Relative to Section 27, Board of Regents, University System of Georgia. Provided, that of the appropriation for the Board of Regents, $750,000 is designated and committed for an eminent scholar for the Mercer University Engineering School.

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Section 48. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025. Section 49. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions. Section 50. Provisions Relative to Section 34, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 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. Vetoed 3-11-97 Zell Miller g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.

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Vetoed 3-11-97 Zell Miller 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 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. Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 1997, 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 $9,468,000 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 ($9,348,000 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 52. In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $12,245,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food service contracts, overtime payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 53. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

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First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of 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 ofTitle 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 54. 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 55. 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 56. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 57. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is

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hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 58. (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 1996 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 principal shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

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Section 59. 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 60. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 61. Provisions Relative to Section 37, State of Georgia General Obligation DEbt Sinking Fund. With regard to the appropriations in Section 37 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), $8,707,315 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $97,835,000 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), $11,258,055 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 $126,495,000 in principal amount of General Obligation Debt, the instruments

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of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $801,000 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 $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), $1,780,000 is specifically appropriated for the purpose of financing projects for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $22,250 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 $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $2,473,310 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,790,000 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), $169,100 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 $1,900,000

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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), $26,700 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 $300,000 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), $133,055 is specifically appropriated for the purpose of financing facilities for the Soil and Water Conservation Commission, 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 $1,495,000 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), $11,125,000 is specifically appropriated for the purpose of financing facilities 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 $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $284,800 is specifically appropriated for the purpose of financing facilities 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $1,263,800 is specifically appropriated for the purpose of financing facilities 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

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connection therewith, through the issuance of not more than $14,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $178,445 is specifically appropriated for the purpose of financing facilities 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 $2,005,000 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), $57,405 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, 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 $645,000 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), $292,365 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, 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 $3,285,000 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), $222,500 is specifically appropriated for the purpose of financing facilities 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 $2,500,000 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), $42,720 is specifically appropriated for the purpose of financing facilities 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,

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both real and personal, necessary or useful in connection therewith, through the issuance of not more than $480,000 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), $137,060 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 $1,540,000 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), $534,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, 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 two hundred and forty months. From the appropriation designated State General Funds (New), $178,000 is specifically appropriated for the purpose of financing facilities 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 $2,000,000 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), $404,950 is specifically appropriated for the purpose of financing facilities 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 $4,550,000 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), $267,000 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

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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 $3,000,000 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), $1,221,080 is specifically appropriated for the purpose of financing facilities 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 $13,720,000 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), $222,500 is specifically appropriated for the purpose of financing facilities 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $151,300 is specifically appropriated for the purpose of financing facilities for the Georgia Agricultural Exposition 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 $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $436,100 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 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), $275,900 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of

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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 $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $440,055 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, 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 $1,905,000 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), $115,500 is specifically appropriated for the purpose of financing facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 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), $65,835 is specifically appropriated for the purpose of financing facilities 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 $285,000 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), $34,650 is specifically appropriated for the purpose of financing facilities 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 $150,000 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), $370,755 is specifically appropriated for the purpose of financing facilities

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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 $1,605,000 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), $1,552,320 is specifically appropriated for the purpose of financing facilities 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 $6,720,000 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), $446,985 is specifically appropriated for the purpose of financing facilities 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 $1,935,000 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), $99,330 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 $430,000 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), $356,000 is specifically appropriated for the purpose of financing facilities 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 $4,000,000 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), $44,500 is specifically appropriated for the purpose of financing facilities

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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 $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), $35,600 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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), $525,100 is specifically appropriated for the purpose of financing facilities 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,793,346,344 Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. All laws and parts of laws in conflict with this Act are repealed. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1997.

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CRIMES AND OFFENSES ABORTION; PARTIAL-BIRTH ABORTION PROHIBITED. Code Section 16-12-141 Amended. Code Section 16-12-143 Enacted. No. 15 (Senate Bill No. 357). AN ACT To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method; to provide for penalties, civil actions, and relief; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by striking subsection (a) of Code Section 16-12-141, providing when abortion is legal, and inserting in its place the following: (a) Nothing in this article shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 34 of Title 43, based upon his or her best clinical judgment that an abortion is necessary, except that Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons. SECTION 2. Said article is further amended by adding after Code Section 16-12-143 the following new Code section: 16-12-144. (a) As used in this Code section, the term: (1) `Fetus' means the biological offspring of human parents. (2) `Partial-birth abortion' means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before ending the life of the fetus and completing the delivery. (b) Any person who knowingly performs a partial-birth abortion and thereby ends the life of a human fetus shall, upon conviction thereof, be punished by a fine not to exceed $5,000.00, imprisonment for not more than five years, or both. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother because her life

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is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, provided that no other medical procedure will suffice to save the mother's life. (c) (1) The father of the fetus, and the maternal grandparents of the fetus if the mother has not attained the age of 18 years of age at the time of the abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. (2) Such relief shall include: (A) Money damages for all injuries, psychological and physical, occasioned by the violation of this Code section; and (B) Statutory damages equal to three times the cost of the partialbirth abortion. (d) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Code section for violating this Code section or any provision thereof, or for conspiracy or for an attempt to violate this Code section or any provision thereof. SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1997. OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; REENACTMENT; CORRECTIONS. No. 18 (House Bill No. 123). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Reserved. SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) By striking license, and inserting in lieu thereof license in the introductory language of subsection (c) of Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification. (2) By striking cancelled and inserting in lieu thereof canceled in paragraph (1) of subsection (b) of Code Section 2-12-43, relating to licenses required; application, annual renewal, fees, and revocation; registration of products; and application, fees, and cancellation. (3) By striking thereto, and inserting in lieu thereof thereto in subsection (a) of Code Section 2-12-46, relating to analysis and sampling by Commissioner. SECTION 3. Reserved. SECTION 4. Reserved. SECTION 5. Reserved. SECTION 6. Reserved. SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By inserting a comma following the word Code in subparagraph (c)(2)(G) of Code Section 7-1-288, relating to corporate stock and securities.

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(2) By striking 11-3-603 and inserting in lieu thereof 11-3-602 in subsection (c) of Code Section 7-1-353, relating to adverse claims to deposits and property held in safe deposit. (3) By striking of subsection (a) of this Code section, and inserting in lieu thereof of this subsection, in the introductory language of paragraph (2) of subsection (a) and by striking paragraph (2) of subsection (a) of this Code section, and inserting in lieu thereof this paragraph, in the undesignated text following paragraph (2) of subsection (a) of Code Section 7-1-606, relating to bank holding companies, actions unlawful without prior approval of the commissioner, and exceptions. (4) By striking 1841 and inserting in lieu thereof Section 1841 in paragraph (1) of subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies. (5) By deleting the (E) designation from paragraph (1); by redesignating paragraphs (4) and (5) as paragraphs (5) and (4), respectively; by striking shall mean and inserting in lieu thereof means in the introductory language of former paragraph (5); by striking Office of Comptroller and inserting in lieu thereof The Office of Comptroller in subparagraph (A) of former paragraph (5); by striking office, and and inserting in lieu thereof office and, in paragraph (6); by redesignating paragraphs (18) and (19) as paragraphs (19) and (18), respectively; and by striking 20 and inserting in lieu thereof 20 of this article in paragraph (21) of Code Section 7-1-621, relating to definitions of interstate acquisitions of banks and bank holding companies. (6) By striking Part 20, and inserting in lieu thereof Part 20 of this article, in subsection (a) of Code Section 7-1-624, relating to prohibited acquisitions by bank holding companies. (7) By deleting of this Code and by striking commercial paper and inserting in lieu thereof negotiable instruments in paragraph (1) of subsection (a) and by striking paragraph (a) of subsection (1) of Code Section 11-3-102 and inserting in lieu thereof paragraph (a) of Code Section 11-3-105 in paragraph (2) of subsection (b) of Code Section 7-1-680, relating to definitions relative to sale of checks or money orders. (8) By striking securities and inserting in lieu thereof assets in subsection (b) of Code Section 7-1-686, relating to notice of action, judgment, payment of claim, and change in number of locations; maintenance of bond or security deposit; and cancellation of bond. (9) By striking (Commercial Paper) and inserting in lieu thereof (Negotiable Instruments) in Code Section 7-1-691, relating to civil liability of licensee on checks. (10) By striking (Commercial Paper) and inserting in lieu thereof (Negotiable Instruments) in subsection (b) of Code Section 7-1-692, relating to prohibited transactions.

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(11) By striking general accepted and inserting in lieu thereof generally accepted in paragraph (2) of Code Section 7-1-1000, relating to definitions of licensing of mortgage lenders and mortgage brokers. (12) By inserting shall be known and following chapter in Code Section 7-3-1, relating to the Georgia Industrial Loan Act. (13) By deleting Georgia from paragraph (1) and by striking the semicolon and inserting in lieu thereof a period at the end of paragraphs (1) through (4) of Code Section 7-3-3, relating to definitions relative to industrial loans. (14) By striking the comma between company and authorized and by striking the comma between state and shall in the third sentence and by striking hereunder and inserting in lieu thereof under this chapter in Code Section 7-3-6, relating to exemptions from Chapter 3 of Title 7. (15) By striking the period and inserting in lieu thereof a semicolon at the end of paragraphs (1) through (3); by striking six months' period and inserting in lieu thereof six-month period twice, by striking paragraphs (1) and (2) and inserting in lieu thereof this paragraph and paragraph (1), by striking no wise and inserting in lieu thereof no way, and by striking two months' period and inserting in lieu thereof two-month period in paragraph (2); by striking Provided, however, that a and inserting in lieu thereof A in the introductory language of paragraph (3), by adding or at the end of subparagraph (B), by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (C), by striking Provided and inserting in lieu thereof provided and striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance twice in the undesignated text following paragraph (3); by striking the period and inserting in lieu thereof ; and at the end of paragraph (4); and by striking no wise and inserting in lieu thereof no way in paragraph (5) of Code Section 7-3-14, relating to maximum loan amount, period, and charges. (16) By striking The term and inserting in lieu thereof As used in this Code section, the term and by striking herein levied and inserting in lieu thereof levied in subsection (a) of this Code section in subsection (c) of Code Section 7-3-19, relating to tax on interest, levy, and penalty for tax to charges. (17) By striking promulgated by him hereunder and inserting in lieu thereof promulgated by the Commissioner pursuant to this chapter and by striking the Commissioner hereunder and inserting in lieu thereof the Commissioner pursuant to this chapter in Code Section 7-3-23, relating to cease and desist orders and enjoining violations.

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(18) By deleting or at the end of paragraphs (1) through (3) of subsection (a) of Code Section 7-3-25, relating to suspension or revocation of license and unreasonable collection tactics. (19) By striking herein and inserting in lieu thereof in this Code section in Code Section 7-3-26, relating to probation and civil penalties for violations. (20) By inserting Chapter 3 of this title, preceding the `Georgia Industrial Loan Act,' , by inserting Article 1 of Chapter 1 of Title 10, preceding the `Retail Installment and Home Solicitation Sales Act,' , by inserting Chapter 5 of this title, preceding `The Credit Card and Credit Card Bank Act,' , by inserting Chapter 22 of Title 33, preceding the `Insurance Premium Finance Company Act,' , and by inserting Article 2 of Chapter 1 of Title 10, preceding the `Motor Vehicle Sales Finance Act.' in subsection (c) of Code Section 7-4-2, relating to legal rate of interest and maximum rate of interest generally. (21) By striking 1601, and inserting in lieu thereof Section 1601, in subsection (c) of Code Section 7-5-4, relating to credit card charges and fees. SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking home building and inserting in lieu thereof homebuilding in paragraph (4) of subsection (a) of Code Section 8-2-24, relating to appointment, reimbursement of expenses, use of subcommittees, submittal of proposed amendments, modifications, and new provisions, and meeting times of advisory committee. (2) By striking pursuant hereto and inserting in lieu thereof pursuant to this part in Code Section 8-2-118, relating to penalty and separate violations of the provisions of Part 1 of Article 2 of Chapter 2 of Title 8. SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By redesignating the introductory language of subsection (b) as (b)(1) and by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively, in subsection (b) of Code Section 9-13-80, relating to execution to be canceled when satisfied, private right of action, and damages. SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:

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(1) By striking property are purchased and inserting in lieu thereof property is purchased in paragraph (6.5) of subsection (a) of Code Section 10-1-392, relating to definitions relative to the Fair Business Practices Act and when intentional violations occur. (2) By striking which are and inserting in lieu thereof which is in division (b)(22)(B)(ii) and by striking paragraphs and inserting in lieu thereof paragraph in paragraph (23) of subsection (b) of Code Section 10-1-393, relating to examples of unfair or deceptive practices in unlawful consumer transactions. (3) By striking this part and inserting in lieu thereof this article in subsection (e) of Code Section 10-4-19, relating to warehouse receipts required, obtaining printed forms, and use of electronic receipts authorized. (4) By striking the same as the rights described in Code Section 11-3-306 and inserting in lieu thereof subject to the defenses and claims set out in subsection (a) of Code Section 11-3-305 and the first sentence of Code Section 11-3-306 in subsection (a) of Code Section 10-5-19, relating to negotiable obligations, notes, or checks issued to purchase registered securities. (5) By striking established between the immediate parties to commercial paper as provided in paragraph (b) of subsection (2) of Code Section 11-3-403 and inserting in lieu thereof provided with regard to negotiable instruments by Code Section 11-3-402 in Code Section 10-6-86, relating to liability of person signing instrument as agent or fiduciary. (6) By striking (Directions: Initial the line opposite your choice.) and inserting in lieu thereof (Directions: Initial the line following your choice.) from the form entitled FINANCIAL POWER OF ATTORNEY in Code Section 10-6-142, relating to statutory form for financial power of attorney. (7) By striking Commercial Paper and inserting in lieu thereof Negotiable Instruments in Code Section 10-7-27, relating to provisions of the Uniform Commercial Code to control. SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows: (1) By deleting (Code Section 11-3-802) from paragraph (3) of Code Section 11-2-511, relating to tender of payment by buyer and payment by check. (2) By inserting Code preceding section in Code Section 11-3-117, relating to other agreements affecting instrument.

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(3) By inserting Code preceding section in subsection (c) of Code Section 11-3-415, relating to obligation of indorser. (4) By inserting Code preceding section in subsection (d) of Code Section 11-3-416, relating to transfer warranties. (5) By inserting Code preceding section in subsection (f) of Code Section 11-3-417, relating to presentment warranties. (6) By striking which an item and inserting in lieu thereof take an item in paragraph (2) of Code Section 11-4-105, relating to definitions of bank, depositary bank, payor bank, intermediary bank, collecting bank, and presenting bank. (7) By striking commercial paper and inserting in lieu thereof negotiable instruments in paragraph (1) of Code Section 11-9-206, relating to agreement not to assert defenses against assignee and modification of sales warranties where security agreement exists. SECTION 12. Reserved. SECTION 13. Reserved. SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By striking (a)(1)(B) and inserting in lieu thereof (a)(2)(B) in subsection (b), by inserting or she following he, and by inserting or her following him and his in paragraph (2) of subsection (d) of Code Section 14-2-851, relating to authority to indemnify. (2) By inserting or she following he in paragraph (4) of subsection (b) of Code Section 14-2-856, relating to shareholder approved indemnification. (3) By inserting a comma following directors in paragraph (6) of subsection (a) of Code Section 14-2-1109, relating to merger with other entities. (4) By deleting the comma following partnership in paragraph (5) of Code Section 14-8-2, relating to definitions relative to partnerships. (5) By inserting quotation marks around LLP and LLLP in paragraph (1) of subsection (a) of Code Section 14-8-48, relating to name of a foreign limited liability partnership. SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:

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(1) By striking that child and inserting in lieu thereof the child in division (b) (4) (C) (i) of Code Section 15-11-81, relating to grounds for termination of parental rights and other dispositions. (2) By striking step of and inserting in lieu thereof step if in subparagraph (c) (4) (B) of Code Section 15-18-17, relating to employment of secretaries generally, duties status, and compensation. SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By deleting paragraph (9) of subsection (a) of from subsection (a) of Code Section 16-7-95, relating to forfeiture and destruction of property. SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking verbally and inserting in lieu thereof orally in Code Section 17-4-24, relating to duty of law enforcement officers to execute penal warrants and summoning of posses. (2) By striking paragraph (4) and inserting in lieu thereof paragraph (5) in subparagraph (b) (2) (A) of Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds. (3) By striking absence to attend and inserting in lieu thereof absence from attending in Code Section 17-8-29, relating to grounds for granting of continuances and party or party's counsel in attendance at meeting of Board of Regents of the University System of Georgia. SECTION 18. Reserved. SECTION 19. Reserved. SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking Category V pursuant to paragraph (5) and inserting in lieu thereof Category VI pursuant to paragraph (6) in subsection (a.1) of Code Section 20-2-152, relating to special education services.

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(2) By striking Code Section 7-1-625 and inserting in lieu thereof Code Section 7-1-626 in subparagraph (Y) of paragraph (1) of Code Section 20-3-266, relating to powers of the Georgia Higher Education Assistance Corporation. SECTION 21. Reserved. SECTION 22. Reserved. SECTION 23. Reserved. SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By striking offered. Provided further, that and inserting in lieu thereof offered, provided that, by inserting a comma between motion picture and or, and by inserting a comma between videotape and or in subsection (c) of Code Section 24-4-48, relating to admissibility of photographs, motion pictures, videotapes, and audio recordings. SECTION 25. Reserved. SECTION 26. Reserved. SECTION 27. Reserved. SECTION 28. Reserved. SECTION 29. Reserved. SECTION 30. Reserved. SECTION 31. Reserved.

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SECTION 32. Reserved. SECTION 33. Reserved. SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By deleting of this chapter from subsection (d) of Code Section 34-8-165, relating to tax and wage reports, penalty for failure to file, and fraudulent reports. (2) By inserting or she following whom he in Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, appointment of members, and powers and duties of board generally. SECTION 35. Reserved. SECTION 36. Reserved. SECTION 37. Reserved. SECTION 38. Reserved. SECTION 39. Reserved. SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By adding or at the end of paragraph (17) of Code Section 40-3-4, relating to exclusions to certificates of title, security interests, and liens. (2) By inserting features preceding the semicolon at the end of Type 2 and Type 5 in subsection (c) of Code Section 40-4-2, relating to application of Article 1 of Chapter 4 of Title 40. (3) By striking DUI alcohol or drug use risk reduction programs and inserting in lieu thereof DUI Alcohol or Drug Use Risk Reduction Programs and by striking DUI alcohol or drug use risk reduction

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program and inserting in lieu thereof DUI Alcohol or Drug Use Risk Reduction Program where they appear in Code Section 40-5-1, relating to definitions relative to drivers' licenses; Code Section 40-5-80, relating to purpose of the Georgia Driver Improvement Act; Code Section 40-5-82, relating to administration of the Driver Improvement Program; and Code Section 40-5-83, relating to establishment and approval of clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and operation of clinics by employees of probation division. (4) By deleting the period at the end of the form following the word Comptroller at the end of subsection (i) of Code Section 40-5-67.1, relating to administration of chemical rests, rights of motorists, reporting of test results, refusal to submit, suspension or denial, hearing and review, compensation of officers attending hearings, and inspection and certification of breath-testing instruments. (5) By striking paragraph (2), (3), or (5) and inserting in lieu thereof paragraph (2), (4), or (6) in subsections (a) and (b) of Code Section 40-5-75, relating to suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale, or transfer of controlled substances or marijuana or driving under the influence of the substance. (6) By inserting signal following GREEN in subparagraph (a)(1)(A), following ARROW in subparagraph (a)(1)(B), and following ARROW in subparagraph (a)(3)(F) of Code Section 40-6-21, relating to meaning of traffic signals. (7) By striking per hours and inserting in lieu thereof per hour in subsection (b) of Code Section 40-6-188, relating to speed limits in construction sites. (8) By striking (1), (2), and (3) and inserting in lieu thereof (1), (2), and (4) in paragraphs (1) through (3) and by striking paragraph (4) and inserting in lieu thereof paragraph (5) in paragraph (4) of subsection (b) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood. (9) By deleting the hyphen between amber and colored in Code Section 40-8-32, relating to lights on vehicles of rural mail carriers. (10) By inserting seat between a and safety twice in paragraph (3) of subsection (e) of Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles. (11) By striking Secretary of Health and Human Services and inserting in lieu thereof secretary of health and human services in subsection (a) of Code Section 40-8-130, relating to unlawful to operate vehicle without serviceable emission control device, penalty, and exceptions.

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(12) By adding a comma following 401 in paragraph (2) of Code Section 40-10-3, relating to definitions relative to formulation and coordination of state and local highway safety programs. (13) By striking Criminal Justice Information System and inserting in lieu thereof criminal justice information system in paragraph (1) of subsection (d) of Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notification requirements. (14) By striking State-wide Motorcycle Safety Coordinator and inserting in lieu thereof state-wide motorcycle safety coordinator in paragraph (2) of Code Section 40-15-1, relating to definitions relative to a motorcycle operator safety training program. (15) By striking State-wide Motorcycle Safety Coordinator and inserting in lieu thereof state-wide motorcycle safety coordinator in subsection (a) of Code Section 40-15-4, relating to authorization of a coordinator and the coordinator's duties and requirements. SECTION 41. Reserved. SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking subparagraph (b)(1)(A) and inserting in lieu thereof subparagraph (A) of paragraph (1) of this subsection in division (b)(3)(A)(i) and by striking Criminal Justice Information System and inserting in lieu thereof criminal justice information system in subsection (c) of Code Section 42-1-12, relating to registration of sexually violent predators. (2) By redesignating paragraphs (7) and (8) as paragraphs (8) and (7), respectively, in Code Section 42-4-92, relating to definitions relative to regional jail authorities. (3) By striking 42-4-98 and inserting in lieu thereof 42-4-100 in paragraph (9) of Code Section 42-4-97, relating to powers of regional jail authorities. (4) By striking Sections and inserting in lieu thereof Section in subsection (a) of Code Section 42-4-98, relating to duties and responsibilities of sheriffs and governing bodies imposed upon management committee and authority. (5) By striking subsection (b), (d), or (f) and inserting in lieu thereof subsection (b) or (d) in subsection (a) of Code Section 42-8-35.2,

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relating to special term of probation, when imposed, revocation, and suspension. (6) By striking the Criminal Code of Georgia: and inserting in lieu thereof the `Criminal Code of Georgia': in paragraph (2) of subsection (a) of Code Section 42-9-60, relating to overcrowding of prison system as creating state of emergency, paroling inmates to reduce prison system population to capacity, and annual report of inmates paroled. SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking subsection (b) and inserting in lieu thereof subsection (c) in subsection (a) of Code Section 43-11-73.1, relating to continuing education requirements regarding dentists and dental hygienists. SECTION 44. Reserved. SECTION 45. Reserved. SECTION 46. Reserved. 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 O.C.G.A. and inserting in lieu thereof Code Section in paragraph (5) of Code Section 48-13-13, relating to prohibitions on occupation tax levies by local governments. SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking herein and inserting in lieu thereof in this Code section in subsection (b) of Code Section 49-5-22, relating to voluntary kindergarten programs to provide toilet facilities screened for privacy. SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows:

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(1) By inserting a comma following provided in subsection (c) of Code Section 50-8-9, relating to contracts with public and private entities or individuals. (2) By deleting the comma following Community Affairs in Code Section 50-26-22, relating to transfer of personnel to Department of Community Affairs. SECTION 51. Reserved. SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) By striking St. Mary's and inserting in lieu thereof St. Marys in Code Section 52-6-1, relating to the composition of the Board of Pilotage Commissioners and terms of commissioners. (2) By striking St. Mary's and inserting in lieu thereof St. Marys three times in Code Section 52-6-4, relating to areas for which the commissioners of the Board of Pilotage Commissioners shall be appointed. (3) By striking St. Mary's and inserting in lieu thereof St. Marys in Code Section 52-6-31, relating to the number of licensed pilots. SECTION 53. Reserved. SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1996 supplements to the Official Code of Georgia Annotated published under authority of the state in 1996 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

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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 1997 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 56. All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1997. REVENUE AND TAXATION SALES AND USE TAX EXEMPTIONS; HOMESTEAD OPTION SALES AND USE TAX; SALES TAX FOR EDUCATIONAL PURPOSES. Code Sections 48-8-3 and 48-8-102 Amended. Code Title 48, Chapter 8, Article 3, Part 2 Enacted. No. 19 (House Bill No. 165). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain limitations with respect to the levy of the homestead option sales and use tax; to change certain provisions regarding the applicability of the sales and use tax exemption for certain food and beverages with respect to the homestead option sales and use tax; to change certain provisions regarding the special county 1 percent sales and use tax; to further define and implement provisions regarding the sales tax for educational purposes; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking subparagraph (D) of paragraph (57) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subparagraph (D) to read as follows: (D) (i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in divisions (i) and (iv) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A of this chapter. (v) For the purposes of this subparagraph, the term `local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter. SECTION 1A. Said chapter is further amended by striking subsection (e) of Code Section 48-8-102, relating to the levy of the homestead option sales and use tax, and inserting in its place a new subsection (e) to read as follows:

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(e) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under Article 2 of this chapter. SECTION 2. Said chapter is further amended by designating the provisions of Article 3 thereof as Part 1 of Article 3 and by adding a new part immediately following Part 1 to be designated Part 2, to read as follows: Part 2 48-8-140. This part is enacted pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and it is the intent of the General Assembly in the enactment of this part to further define and implement such provision of the Constitution. 48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. 48-8-142. If general obligation debt is to be issued in conjunction with the imposition of the sales tax for educational purposes authorized by Article VIII, Section VI, Paragraph IV of the Constitution, the resolution or concurrent resolutions imposing such tax shall specify the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. If such general obligation debt is to be issued, the ballot shall have written or printed thereon, in addition to the descriptions required by Article VIII, Section VI, Paragraph IV (c) of the Constitution, the following: `If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of

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_____ in the principal amount of $ _____ for the above purpose.' SECTION 3. Said chapter is further amended by striking in its entirety Article 4 thereof relating to the sales tax for educational purposes. 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 28, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES EXPLOSIVE ORDNANCE DISPOSAL; EMERGENCY MEDICAL SUPPORT OF OPERATIONS; TRAINING MATERIALS SUBJECT TO RESTRICTED DISCLOSURE. Code Section 35-8-25 Amended. No. 20 (Senate Bill No. 173). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, so as to change the designation of certain bomb technicians; to provide for mutual aid agreements; to exempt certain training and technical materials relating to bombs and explosives from public disclosure except in limited circumstances; 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 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, is amended by striking in its entirety Code Section 35-8-25, relating to the training and certification of explosive ordnance disposal technicians and similar personnel, and inserting in lieu thereof the following: 35-8-25. (a) (1) Any person who is employed by an agency or authority of this state or an agency or authority of a political subdivision of this state as

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a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosives, or any person who is assigned to such duties shall be required to complete successfully a training program prescribed by the council which shall consist of an initial training program, an apprenticeship, and annual recertification. (2) The council is authorized to award a distinctive device to any person certified as an explosive ordnance disposal technician or as a handler of an animal trained to detect explosives upon completion of the initial training program and apprenticeship period. The council may also establish and award distinctive devices for certified explosive ordnance disposal technicians who qualify as senior or master explosive ordnance disposal technicians. Such devices may be worn on any law enforcement officer's or fire official's uniform. (b) (1) The head of any agency which employs one or more certified bomb technicians, explosive ordnance disposal technicians, handlers of animals trained to detect explosives, or emergency medical technicians or emergency medical professionals who provide medical support of explosive ordnance disposal operations may establish a mutual aid agreement with any other agency for the purpose of assisting with the detection, rendering safe, and disposal of destructive devices as such term is defined by Code Section 16-7-80. Any such mutual aid agreement shall be subject to approveal of the governing authority of such agency. (2) A political subdivision which is aided pursuant to this subsection shall reimburse the political subdivision providing the aid for any loss or damage to equipment other than fair wear and tear and shall pay any expenses incurred in the operation and maintenance of such equipment; provided, however, that no such claim shall be allowed unless, within 60 days after the same is sustained or incurred, the political subdivision providing the aid provides to the chief financial officer of the political subdivision receiving the aid an itemized notice of the claim made under oath. The political subdivision which received the aid shall also pay and reimburse the political subdivision furnishing the aid for any overtime compensation paid to any employee furnished under this Code section during the time of the rendering of the aid and shall defray the actual traveling and maintenance expenses of any employee while such employee was engaged in rendering the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid. (3) Unless otherwise expressly provided by its terms, a mutual aid agreement established pursuant to this subsection shall not be construed as superseding or amending any mutual aid agreement adopted pursuant to Chapter 6 of Title 25, Chapter 69 of Title 36, or

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Chapter 3 of Title 38 which applies to emergencies involving explosives or destructive devices. (c) (1) Whenever a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosive devices, or an emergency medical technician or emergency medical professional who provides medical support of explosive ordnance disposal operations employed by an agency or authority of local government provides assistance at the request of a state agency or authority, such person shall be considered an employee of this state for the purposes of Code Section 50-21-22, paragraph (3) of Code Section 34-9-1, and Code Section 45-9-3. Such person shall also be entitled to reimbursement by the requesting agency or authority for actual expenses incurred in the same manner as other employees of the agency or authority. (2) A state agency or authority receiving assistance from an agency or authority of a local government shall reimburse such political subdivision for any loss or damage, other than fair wear and tear, to any equipment owned by such political subdivision. No claim for the loss, damage, or expense shall be allowed unless, within 60 days after the same is sustained or incurred, the local government submits an itemized notice of the claim under oath to the fiscal officer of the state agency or authority. (3) A state agency or authority which receives aid from a local government shall also pay and reimburse such political subdivision for any overtime compensation paid to an employee furnished under this Code section during the time of the rendering of the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid. (d) An employee of a political subdivision or agency or authority thereof who is engaged in the rendering of outside aid pursuant to a mutual aid agreement adopted pursuant to this Code section shall have the same powers, duties, rights, privileges, and immunities as if such employee was engaged in the performing of his or her duties in the political subdivisions in which he or she is normally employed. (e) Any other provision of law to the contrary notwithstanding, any records, books, or documents, as such terms are defined by subsection (e) of Code Section 45-11-1, which are prepared for use in any training program conducted pursuant to the provisions of this Code section and any rules or regulations relating to such training which contain or may disclose techniques and procedures for the manufacture or rendering safe of any destructive device, as such term is defined by Code Section 16-7-80, or would disclose guidelines for law enforcement investigations or prosecutions of violations of the laws of this state or of the United

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States relating to destructive devices, explosives, or chemical, biological, or nuclear materials shall not be subject to public disclosure pursuant to Article 5 of Chapter 11 of Title 9 or Chapter 16 of Title 17 or Article 4 of Chapter 18 of Title 50 unless the request for disclosure is served on the Attorney General as provided by Code Section 9-10-2 and a judge of the superior court finds that such disclosure is required to prevent a manifest injustice and that the information is not available from any other source. Any such order requiring disclosure shall impose such restrictions on access or copying of the material as will ensure that such material is not disclosed beyond that required to preserve the rights of the parties. Any order requiring disclosure of such material may be appealed by the district attorney of the circuit in which such order is entered or by the Attorney General. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become law upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1997. GENERAL ASSEMBLY SENATE; REDISTRICTING. Code Section 28-2-2 Amended. No. 21 (Senate Bill No. 382). AN ACT To amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms; to provide for Voting Rights Act submission; to provide for automatic repeal under certain conditions; 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 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Sentate, is amended by striking

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the description of the 56 senatorial districts immediately following the second sentence of subsection (a) thereof and inserting in its place the description of the 56 senatorial districts attached to this Act and made a part hereof and further identified as: Operator: state Client: senate Plan: sconsent. SECTION 2. Said Code section is further amended by striking subsection (c) thereof and inserting in its place the following: (c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1999. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1998 for the purpose of electing members of the Senate in 1998 who are to take office in 1999. Successors to those members shall likewise be elected under the provisions of this Code section. SECTION 3. Said Code section is further amended by striking paragraph (2) of subsection (d) thereof and inserting in its place the following: (2) Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as such boundaries existed on January 1, 1997. SECTION 4. The Attorney General of the State of Georgia shall submit this Act to the United States Attorney General for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, and shall provide to the Governor, the Lieutenant Governor, and the Speaker of the House written notice of the date on which such submission is transmitted to the United States Attorney General. If this Act is within 30 days after such date of submission precleared in its entirety under Section 5 of the federal Voting Rights Act by the United States Attorney General, then this Act shall become effective according to its terms. Otherwise, if this Act has not been so precleared in its entirety by midnight of the thirtieth day after such date of submission, then this Act shall as of midnight of such thirtieth day be repealed in its entirety. SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Operator: state Client: senate Plan: sconsent District No. 1 BRYAN Tract: 9203. Block Group: 1 Block: 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, 233A, 233B, 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, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M CHATHAM Tract: 0029. Tract: 0030. Tract: 0034. Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0035.01 Tract: 0035.02 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group: 4 Tract: 0039. Block Group: 1 Block: 401, 402, 403 Tract: 0040.01 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0041. Tract: 0042.02 Tract: 0042.03

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Tract: 0042.05 Tract: 0042.06 Tract: 0045. Block: 101B, 102 Tract: 0105.01 Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0105.02 Block: 101A, 101B, 107A, 107B, 108, 109, 199, 213 Tract: 0106.04 Block: 142A, 143A, 147A, 148, 149 Tract: 0108.04 Tract: 0108.06 Tract: 0108.07 Tract: 0108.97 Block: 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 Block Group: 2 Tract: 0108.98 Tract: 0109.01 Tract: 0109.02 Tract: 0110.02 Tract: 0110.03 Tract: 0110.04 Tract: 0111.01 Block: 204, 205, 206, 207A, 225, 299H Tract: 0111.02 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0111.03 Tract: 0111.99 District No. 2 CHATHAM Tract: 0001.

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Tract: 0003. Tract: 0006.01 Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0015. Tract: 0017. Tract: 0018. Tract: 0019. Tract: 0020. Tract: 0021. Tract: 0022. Tract: 0023. Tract: 0024. Tract: 0025. Tract: 0026. Tract: 0027. Tract: 0028. Tract: 0032. Tract: 0033.01 Tract: 0033.02 Tract: 0034. Block Group: 1 Block Group: 2 Tract: 0035.02 Block Group: 1 Block Group: 2 Block: 302 Tract: 0036.01 Tract: 0036.02 Tract: 0037. Tract: 0038. Tract: 0039. Block Group: 2 Block Group: 3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract: 0040.01 Block Group: 1 Tract: 0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B, 199 Tract: 0043. Tract: 0044. Tract: 0045.

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Block: 101A, 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, 134A, 134B, 134C Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0101.01 Tract: 0101.02 Tract: 0102. Tract: 0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B, 213 Tract: 0105.02 Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract: 0106.01 Tract: 0106.03 Tract: 0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Tract: 0106.99 Tract: 0107.98 Tract: 0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144, 145B, 146, 147, 148, 149, 199A, 199B Tract: 0111.01 Block Group: 1 Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299A, 299B, 299C, 299D, 299E, 299F, 299G Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0111.02 Block Group: 1 Tract: 0112.98 District No. 3 BRYAN Tract: 9201.

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Tract: 9202. Tract: 9203. Block: 232 GLYNN Tract: 0004. Block: 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, 199A, 199B, 199C Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 624, 699A, 699B, 699F, 699G Tract: 0005. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314, 315, 316, 317, 399, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929C, 929D, 930A, 930B, 930C, 930D, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 999B, 999C, 999D, 999E Tract: 0006. Tract: 0007. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 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, 699A, 699B, 699C, 699D, 699E, 699F, 699G Block Group: 7 Block Group: 8 Tract: 0008.

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Block: 116, 117, 118, 119, 120, 121, 122, 123, 124, 131, 132, 133, 134, 135, 136, 137, 199, 406, 407, 408, 409, 425, 426, 518, 519, 520, 521, 522, 523, 524 Tract: 0010. Block: 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, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 299A, 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, 399A, 399B LIBERTY LONG MCINTOSH District No. 4 BULLOCH EFFINGHAM EVANS JENKINS SCREVEN TATTNALL District No. 5 DEKALB Tract: 0216.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119, 199 Tract: 0217.02 Tract: 0217.03 Block Group: 1 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 426, 499, 499 Tract: 0218.05 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209 Tract: 0218.06 Block: 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, 138 Block Group: 3 Tract: 0218.08 Tract: 0218.09 Tract: 0218.10 Block Group: 1 Block Group: 2

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Block Group: 4 Tract: 0218.98 Tract: 0219.02 Block Group: 1 Block Group: 2 Block Group: 3 GWINNETT Tract: 0504.03 Tract: 0504.07 Block Group: 1 Block Group: 2 Block Group: 4 Block Group: 5 Tract: 0504.08 Block Group: 5 Block Group: 6 Tract: 0504.09 Tract: 0504.10 Tract: 0504.11 Tract: 0504.12 Tract: 0504.13 Tract: 0505.06 Block: 206, 207, 208, 209, 210 Block Group: 6 Tract: 0507.06 Block: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 299 District No. 6 APPLING BRANTLEY GLYNN Tract: 0001. Tract: 0001.99 Tract: 0002. Tract: 0003. Tract: 0004. Block: 126, 127, 128, 199D, 199E, 601, 602, 623, 625, 626, 627, 628, 699C, 699D, 699E, 699H Tract: 0005. Block: 311, 318, 319, 320, 413, 414, 415, 416, 417, 418, 419, Block: 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 942, 943, 944, 945, 946, 999A Tract: 0007. Block: 623, 624 Tract: 0008. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140

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Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549 Tract: 0009. Tract: 0010. Block: 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, 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, 299B, 299C, 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, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Block Group: 4 Block Group: 5 MONTGOMERY PIERCE TOOMBS WAYNE District No. 7 BERRIEN CAMDEN CHARLTON CLINCH COOK ECHOLS LANIER WARE District No. 8 BROOKS LOWNDES THOMAS Tract: 9601. Tract: 9602. Tract: 9603.

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Tract: 9604. Tract: 9605. Tract: 9606. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 316, 317, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340 Block Group: 4 Block Group: 5 Tract: 9607. Block Group: 1 Block: 601, 602, 603, 604, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642, 643, 644 Tract: 9609. Block: 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 135, 137, 138, 139, 140, 141, 142 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 327, 328, 329, 330, 331, 332 Tract: 9610. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324, 399U, 399V Tract: 9611. District No. 9 GWINNETT Tract: 0504.14 Tract: 0504.15 Tract: 0504.16 Tract: 0505.02 Block: 134A, 134B Tract: 0505.05 Tract: 0505.06 Block Group: 1 Block: 201, 202, 203, 204, 205, 211, 212, 213, 214, 299 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 7 Tract: 0505.07 Tract: 0505.08 Block Group: 1 Block Group: 3 Block Group: 4

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Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0507.04 Block: 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 199A, 199B, 199C, 199D, 199E Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0507.05 Block: 120, 121, 162A, 162B, 163 Tract: 0507.06 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 299 Tract: 0507.07 Tract: 0507.08 Tract: 0507.09 Tract: 0507.10 Tract: 0507.11 District No. 10 DEKALB Tract: 0205. Tract: 0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group: 2 Block Group: 3 Tract: 0207. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 Tract: 0208. Tract: 0209. Tract: 0217.04 Block Group: 2 Block: 301, 304, 305, 306, 307, 313, 314, 316, 317, 318, 319, 320, 321, 322 Block Group: 9 Tract: 0218.05 Block: 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234

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Tract: 0218.10 Block Group: 3 Tract: 0220.01 Block Group: 1 Block: 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 421, 422, 423, 425 Tract: 0222. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614 Tract: 0223.02 Block: 310 Tract: 0225. Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411 Tract: 0226. Block: 304B Tract: 0227. Tract: 0228. Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group: 2 Block Group: 3 Block: 403, 404, 405, 409, 414 Tract: 0229. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402A, 402B, 403, 404A, 404B, 405, 406, 407, 408, 409 Block Group: 5 Block Group: 6 Tract: 0230. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Block Group: 2 Tract: 0231.01 Block: 205, 206, 207 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 508, 521, 525 Tract: 0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A, 114B, 115A, 116A, 199

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Tract: 0231.05 Block: 405A, 409, 410 Tract: 0234.03 Block Group: 1 Block Group: 2 Block Group: 3 Block: 901, 902, 925, 926 Tract: 0234.04 Tract: 0234.05 Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 199 Block Group: 2 Tract: 0235.01 Block Group: 2 Tract: 0236. Tract: 0237. Tract: 0238.01 Tract: 0238.02 Tract: 0238.03 District No. 11 COLQUITT Tract: 9702. Block: 108, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123, 124A, 124B, 125A, 125B, 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, 158A, 158B, 172, 173, 174, 175, 199A, 199B, 199C, 199D, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 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, 293, 294, 295, 296, 297, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299C, 299C, 299C, 299C, 299C, 299C Tract: 9703. Block: 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 215B, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226A, 226B, 299, 299, 299

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Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 9706. Block: 301, 302A, 302C, 303, 304, 305, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310, 311, 312, 313, 314B, 315A, 315B, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 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, 368, 369, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Tract: 9707. Block: 522B, 523, 626B Tract: 9708. Tract: 9709. DECATUR EARLY GRADY MILLER MITCHELL SEMINOLE THOMAS Tract: 9606. Block: 310, 311, 312, 313, 314, 315, 318, 319, 320 Tract: 9607. Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 634, 635, 636, 637, 638, 639, 640, 641, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671 Tract: 9608. Tract: 9609. Block: 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 132, 136, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326 Tract: 9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342,

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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, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T District No. 12 BAKER CALHOUN CLAY DOUGHERTY QUITMAN RANDOLPH District No. 13 COLQUITT Tract: 9701. Tract: 9702. Block: 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 199E, 199F, 199G, 289, 290, 291, 292 Tract: 9703. Block Group: 1 Block: 215A, 216 Tract: 9704. Tract: 9705. Tract: 9706. Block Group: 1 Block Group: 2 Block: 302B, 314A, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371, 399L, 399M, 399N, 399P Tract: 9707. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 510C, 511A, 511B, 511C, 512A, 512B, 513A, 513B, 513C, 513D, 514, 515, 516A, 516B, 517A, 517B, 517C, 518A, 518B, 519, 520A, 520B, 520C, 521A, 521B, 522A, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546, 599A, 599B, 599C, 599D, 599E, 599F, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A,

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622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628, 629, 630 CRISP DOOLY TIFT TURNER WILCOX WORTH District No. 14 LEE MACON PEACH SCHLEY STEWART SUMTER TAYLOR TERRELL WEBSTER District No. 15 CHATTAHOOCHEE MUSCOGEE Tract: 0001. Tract: 0015. Block: 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0016. Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A Tract: 0020. Tract: 0022. Tract: 0024. Tract: 0025. Tract: 0026. Tract: 0027. Tract: 0028. Tract: 0029.01 Tract: 0029.02 Tract: 0030. Tract: 0031. Tract: 0032. Tract: 0033. Tract: 0034. Tract: 0106.02 Tract: 0106.04 Tract: 0106.05

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Tract: 0106.06 Tract: 0107.01 Tract: 0107.02 Tract: 0107.03 Tract: 0108. Tract: 0109. District No. 16 HARRIS MARION MUSCOGEE Tract: 0002. Tract: 0003. Tract: 0004. Tract: 0005. Tract: 0006. Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0014. Tract: 0015. Block Group: 1 Block Group: 2 Block Group: 3 Block: 402, 410, 411, 412, 414, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433 Tract: 0016. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 606, 615, 699B Tract: 0018. Tract: 0019. Tract: 0021. Tract: 0023. Tract: 0101.02 Tract: 0101.03 Tract: 0101.04 Tract: 0102.01 Tract: 0102.02 Tract: 0103.01 Tract: 0103.02

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Tract: 0104.01 Tract: 0104.02 Tract: 0105. Tract: 0110. TALBOT District No. 17 BUTTS HENRY NEWTON Tract: 1002. Block: 186, 187, 188, 189, 190, 192, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 243, 244, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 260B, 261A, 261B, 261C, 262A, 262B, 263A, 263B, 264A, 264B, 265A, 265B, 265C, 266, 267, 268A, 268B, 271A, 271B, 272, 299G, 299H, 299J, 299K, 299L, 299M, 299N, 299P, 299R, 299T, 299U Block Group: 3 Block Group: 4 Tract: 1003. Block: 317, 318, 319, 320, 321, 322, 323 Tract: 1005. Block: 150, 151, 153, 154, 155, 156, 157, 158, 159, 166B, 168B, 169, 170, 171, 172, 173, 174, 175, 176, 186, 199F, 199G Tract: 1008. Tract: 1009. Block Group: 1 Block: 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 299C ROCKDALE Tract: 0602. Block: 509 Block Group: 6 Block: 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 799, 799 Tract: 0603.02 Block: 622, 626, 627, 633, 634, 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, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 699A, 699B Tract: 0604.01 Tract: 0604.02

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District No. 18 BIBB Tract: 0129. Tract: 0130. Block Group: 1 Block: 201C, 202, 231C, 232B, 273A, 273B, 274C, 275, 276B, 277B, 278A, 278B, 279A, 279B, 279C, 280, 281A, 281B, 281C, 282, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 299B, 299C, 299E, 299F, 299G, 299H, 299J Tract: 0135.01 Block: 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 499C Block Group: 5 Tract: 0135.02 BLECKLEY HOUSTON PULASKI District No. 19 ATKINSON BACON BEN_HILL COFFEE DODGE IRWIN JEFF_DAVIS TELFAIR District No. 20 CANDLER EMANUEL JEFFERSON Tract: 9603. Block: 368, 369, 394, 396, 397, 399U Tract: 9604. Block: 111, 112, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 181, 182A, 182B, 183, 184, 185A, 185B, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 199A, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199D, 199D, 199D, 199D Block Group: 2

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Block Group: 3 Block Group: 4 JOHNSON LAURENS TREUTLEN WASHINGTON WHEELER District No. 21 COBB Tract: 0302.05 Block: 701, 706, 799, 799 Tract: 0303.02 Tract: 0303.07 Tract: 0303.09 Tract: 0303.10 Tract: 0303.11 Tract: 0303.12 Tract: 0303.13 Tract: 0303.14 Tract: 0303.15 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block: 802, 803, 807, 808, 809, 810, 811, 812 Tract: 0303.16 Block Group: 1 Block Group: 2 Block: 707, 708 Tract: 0303.17 Block Group: 1 Block Group: 2 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0303.18 Block: 201 Tract: 0303.19 Tract: 0304.01 Block: 901A, 902, 903, 904, 906A, 906B, 907A, 907B, 908, 909, 911, 912, 913, 914, 915, 916, 917, 918, 919A, 919B, 920A, 920B, 920C, 920D, 920E. Tract: 0304.02 Block: 127, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group: 3 Block Group: 6

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Tract: 0304.05 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 401C, 401D, 401E, 402A, 402B, 403, 404, 405, 406B, 407C Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0305.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block: 906, 907 Tract: 0305.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0305.03 Block: 201, 202A, 202B, 203, 204, 205A, 205B, 205C, 206, 207 Block Group: 3 Block Group: 4 Block Group: 5 District No. 22 RICHMOND Tract: 0001. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 514B, 514C, 516A, 516B, 517, 522, 599 Tract: 0002. Block: 214 Block Group: 3 Block Group: 4 Block: 501, 504 Tract: 0003.

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Tract: 0004. Tract: 0006. Tract: 0007. Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0014. Tract: 0015. Tract: 0016. Block: 103, 104, 105, 106, 107, 108, 109, 110, 201, 210, 211, 214, 219A, 219B, 220, 232, 233, 235 Block Group: 4 Block: 503A, 503B, 504, 513 Block Group: 6 Block Group: 9 Tract: 0103. Tract: 0104. Tract: 0105.04 Block: 910, 912, 913, 914, 927, 928, 929, 930, 931, 934, 935, 936, 937, 938, 939, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 999B, 999C, 999D Tract: 0105.05 Tract: 0105.06 Tract: 0105.07 Tract: 0105.08 Block Group: 1 Block: 701, 702, 703, 704, 705, 706, 707, 711 Tract: 0105.10 Block Group: 1 Block Group: 9 Tract: 0105.11 Block: 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328 Block Group: 9 Tract: 0106. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6

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Block: 901, 902A, 902B, 902C, 902D, 903, 904, 905, 906A, 906B, 907, 908, 909, 910, 911, 912A, 912B, 912C, 913, 914, 915A, 915B, 915C, 916, 917, 918, 919, 920A, 920B, 921A, 921B, 922A, 922B, 922C, 922D, 923A, 923B, 923C, 923D, 924A, 924B, 925, 926, 927, 928, 933, 935, 936A, 937, 938, 939, 940, 944A, 944B, 948A, 966, 967, 968, 969A, 969B, 970, 971, 972, 999A, 999B, 999C, 999D, 999E Tract: 0107.03 Tract: 0107.04 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 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, 199, 199 Tract: 0107.05 Block: 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, 244, 245, 246, 247 Tract: 0108. Block: 901A, 901B, 901E, 901F, 999C District No. 23 BURKE GLASCOCK JEFFERSON Tract: 9601. Tract: 9602. Tract: 9603. Block Group: 1 Block Group: 2 Block: 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, 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, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T Block Group: 4 Block Group: 5 Block Group: 6

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Tract: 9604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 115, 136, 137, 138, 144, 145, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 197, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B RICHMOND Tract: 0001. Block: 515, 516C, 518, 519, 520, 521, 525 Tract: 0002. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 599, 599, 599 Tract: 0016. Block: 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 207C, 208A, 208B, 209, 212, 213A, 213B, 215, 216, 217, 218, 221, 222, 223, 226A, 226B, 227A, 227B, 227C, 229 Block Group: 3 Block: 501, 502, 515, 516, 517 Tract: 0101.01 Tract: 0101.02 Tract: 0101.04 Tract: 0101.05 Tract: 0102.01 Tract: 0102.03 Tract: 0105.04 Block Group: 1 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940, 999A Tract: 0105.08 Block: 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721 Tract: 0105.09 Tract: 0105.10 Block Group: 2 Block Group: 4 Block Group: 5 Tract: 0105.11 Block: 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 399 Block Group: 4 Tract: 0106. Block: 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954,

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955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973, 999F, 999G, 999H, 999J, 999K, 999L Tract: 0107.04 Block: 123, 124 Tract: 0107.05 Block Group: 1 Block: 239, 240, 241, 242, 243, 299 Tract: 0107.06 Tract: 0108. Block: 901C, 901D, 901G, 901H, 901J, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 999A, 999B, 999D, 999E, 999F, 999G, 999H, 999J, 999K, 999L, 999M, 999N, 999P, 999R, 999T, 999U, 999V, 999W, 999X Tract: 0109.01 Tract: 0109.02 WARREN District No. 24 COLUMBIA LINCOLN MCDUFFIE OGLETHORPE WILKES District No. 25 BALDWIN GREENE HANCOCK JASPER JONES Tract: 0301.01 Block Group: 2 Block: 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, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399, 399, 399 Tract: 0301.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 901, 902, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 929B, 933, 934, 935, 936, 937, 938, 939, 940, 941B, 942B, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952 Tract: 0302. Tract: 0303.

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MORGAN PUTNAM TALIAFERRO District No. 26 BIBB Tract: 0101. Tract: 0102. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0103. Block Group: 1 Block: 201, 202, 203, 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 Tract: 0104. Tract: 0105. Tract: 0106. Tract: 0107. Tract: 0108. Tract: 0110. Block Group: 1 Block Group: 2 Block: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 399B Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0111. Tract: 0112. Tract: 0113. Tract: 0114. Tract: 0115. Tract: 0117.01 Tract: 0117.02 Tract: 0122. Block: 105A, 105B, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 227, 228A, 228B, 228C, 228D, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299, 299, 299 Tract: 0123. Block Group: 1

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Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 599, 599 Tract: 0124. Tract: 0125. Tract: 0126. Tract: 0127. Tract: 0128. Tract: 0130. Block: 201A, 201B, 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, 231A, 231B, 232A, 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, 274A, 274B, 276A, 277A, 292, 293, 294, 295, 296, 297, 299A, 299D Tract: 0131.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 502A, 502B, 502C, 503, 504A, 504B, 504C, 504D, 504E, 504F, 504G, 504H, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 599A, 599B Tract: 0131.02 Tract: 0132.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 115A, 118A, 119A, 120A, 121A, 121B, 122, 201A Block Group: 3 Block Group: 4 Tract: 0132.02 Block: 101, 102A, 102C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 199 Block Group: 2 Block Group: 3 Tract: 0133.01 Tract: 0133.02 Tract: 0137.97 JONES Tract: 0301.01 Block: 328A Tract: 0301.02 Block: 903A, 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932, 941A, 942A

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TWIGGS WILKINSON District No. 27 BIBB Tract: 0102. Block: 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0103. Block: 204 Tract: 0110. Block: 317, 318, 319, 399A Tract: 0118. Tract: 0119. Tract: 0120. Tract: 0121. Tract: 0122. Block: 101, 102, 103, 104, 109, 110, 111, 112, 113, 199, 226 Tract: 0123. Block: 501B, 502, 503, 504, 505, 506, 507, 508 Tract: 0130. Block: 290 Tract: 0131.01 Block: 501 Tract: 0132.01 Block: 101B, 110B, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 121E, 123, 124, 199, 199, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B, 299 Tract: 0132.02 Block: 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0134.97 Tract: 0134.98 Tract: 0135.01 Block Group: 1 Block Group: 2 Block Group: 3 Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 499A, 499B Tract: 0136.01 Tract: 0136.02 Tract: 0137.98 CRAWFORD LAMAR MONROE UPSON

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District No. 28 COWETA FAYETTE Tract: 1402.02 Block: 302A, 304A, 305A, 306, 403A, 403D, 404, 405, 408, 409, 410, 411, 412, 413, 499A, 499C, 501A, 502A, 503, 506A, 507, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A Tract: 1403.01 Tract: 1403.02 Tract: 1404.01 Block: 307B, 307C, 307D, 312D, 314B, 315B, 315C, 316, 317, 318C, 318D, 319B, 321B, 321C, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399B, 399C Block Group: 4 Tract: 1404.02 Block Group: 4 Tract: 1405.01 Tract: 1405.02 SPALDING Tract: 1601. Tract: 1602. Tract: 1603. Block Group: 1 Tract: 1604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 111, 112, 113A, 114, 115, 116, 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168, 201A Tract: 1605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123C, 124, 125, 127B, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150A, 150B, 151A, 151B, 152A, 152B, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161A, 161B, 162B, 162C, 163B, 164, 173A, 173B, 174A, 174B, 174C, 175, 176, 177A, 177B, 178, 179, 199A, 199C, 199D, 199E, 199F, 199G

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Tract: 1606. Tract: 1607. Block: 520B, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 527A, 527B, 528A, 528B, 532A, 532B, 532C, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B, 599C Tract: 1608. Block: 101, 102, 103, 104, 105, 106, 107, 108B, 199, 199, 199, 250, 303, 304, 305 Tract: 1609. Block: 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 113A, 114A, 115A, 116A, 117, 118A, 119, 120, 121, 122, 123, 124 Block Group: 2 Block: 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 436, 437 Block Group: 5 Tract: 1610. Tract: 1611. Tract: 1612. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126, 201, 212, 213, 225, 301, 312A, 318, 321B, 329, 330, 399, 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, 462, 463, 499, 499, 499, 499, 499 District No. 29 HEARD MERIWETHER PIKE SPALDING Tract: 1603. Block Group: 2 Tract: 1604. Block: 110B, 113B, 119, 120A, 120B, 121, 122, 123A, 123B, 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, 160B, 161, 162A, 162B, 163A, 163B, 164A, 164B, 164C, 165, 169, 170, 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,

Page 194

245, 246, 247, 248A, 248B, 249, 250, 251A, 251B, 252, 253, 254 Block Group: 3 Block Group: 4 Tract: 1605. Block: 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B Tract: 1607. Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 516B, 517A, 517B, 518, 519, 520A, 529, 530A, 530B, 531, 532D, 557, 558, 559, 560, 561, 562 Tract: 1608. Block: 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, 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, 301, 302, 306, 307, 308, 309, 310, 311 Block Group: 4 Tract: 1609. Block: 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 Tract: 1612. Block: 119B, 120, 121, 122, 123B, 199, 199, 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, 312B, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 405A, 406A, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447, 499, 499 TROUP District No. 30 CARROLL DOUGLAS Tract: 0802. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 199, 199, 202, 203, 210, 211, 212, 214, 215, 216, 220, 225, 226, 227, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 499, 504, 505, 506, 507, 508, 509, 510

Page 195

Tract: 0803. Tract: 0804. Tract: 0805.01 Tract: 0805.03 Tract: 0805.04 Tract: 0806.01 Block Group: 1 Block: 204, 205 Block Group: 3 Tract: 0807.98 District No. 31 BARTOW Tract: 9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B Tract: 9604. Block: 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract: 9605. Block Group: 1 Block Group: 2 Block: 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract: 9606. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B, 614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624, 699A, 699C, 699D Tract: 9607. Block: 137, 138, 139, 140A, 140B, 140C, 140D, 141A, 141B, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 199A, 199B, 199C, 199D Block Group: 2 Block Group: 3 Block Group: 4

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Block Group: 5 Tract: 9608. Block: 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A, 531B, 531C, 532, 533, 534, 535 Tract: 9609. Tract: 9610. Block: 103, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 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, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L Block Group: 2 HARALSON PAULDING POLK District No. 32 COBB Tract: 0303.15 Block: 801, 804, 805, 806 Tract: 0303.16 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712, 799, 799, 799, 799 Block Group: 8 Block Group: 9 Tract: 0303.17 Block Group: 3 Block Group: 4 Tract: 0303.18 Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 299, 299, 299 Block Group: 3 Block Group: 4 Block Group: 9 Tract: 0303.20 Tract: 0303.21

Page 197

Block Group: 2 Block: 301, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402B, 402C, 403B, 403C, 403D, 404B, 405A, 405B, 406B, 408B, 412, 413 Block Group: 5 Block Group: 6 Block Group: 9 Tract: 0304.01 Block Group: 1 Block Group: 2 Block: 901B, 905, 910 Tract: 0304.02 Block: 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 212, 213, 214, 215 Block Group: 9 Tract: 0304.05 Block: 401B, 406A, 407A, 407B, 407D, 407E, 407F, 407G, 408, 409, 410 Tract: 0304.06 Block: 401D, 401F, 501D Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0310.01 Block: 210, 216C, 216D, 228B Tract: 0310.02 Block: 120A Tract: 0310.03 Block: 110A, 112A, 113A Tract: 0311.01 Block Group: 1 Block: 201, 203, 210, 211, 212, 213, 214 Block Group: 3 Tract: 0311.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, 110B, 110C, 110D, 110E, 110F, 111, 116A, 116B, 117, 118, 119, 120, 122 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0311.05 Tract: 0311.06 Tract: 0311.07 Tract: 0311.08 Block: 303A, 304, 308, 310A, 319 Tract: 0311.09

Page 198

Block: That part of Block 102 which lies south and west of Spring Lake Drive extended to its intersection with Lake Park Drive, 109, 113, 114, 119, 120 Tract: 0312.02 Block: 301, 302, 303, 305, 309, 310, 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 399B, 399C, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505, 528, 529, 530 Block Group: 6 Tract: 0312.03 Block: 101B, 102, 103, 104, 105, 106, 107B, 107C, 109, 110A, 110B, 111, 112, 113, 114, 115 Block Group: 5 Tract: 0312.04 Tract: 0313.01 Block: 101B, 155A, 155B, 155C, 156, 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 234, 235 Block Group: 4 Block Group: 9 Tract: 0313.02 Block: 401, 404C, 405B, 407, 408A Tract: 0314.03 Block: 101, 102, 103, 104, 105 Block Group: 2 Block Group: 3 Block Group: 4 District No. 33 COBB Tract: 0303.21 Block: 302A, 402A, 403A, 404A, 406A, 407, 408A, 409, 410, 411 Tract: 0304.04 Tract: 0304.06 Block Group: 1 Block Group: 3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract: 0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C, 905D, 908A, 908B, 909 Tract: 0305.02 Block Group: 6 Tract: 0305.03 Block Group: 1 Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group: 6 Tract: 0306.

Page 199

Block: 101A, 101B, 102A, 102B, 103A, 103B, 106A, 106C, 107, 108A, 108B, 109A, 109B, 109C, 110A, 110B, 110C, 111, 112, 113A, 113B, 114, 115A, 115B, 115C, 116, 117, 118A, 118B, 118C, 119A, 119B, 119C, 120A, 120B, 121, 122A, 122B, 123, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128A, 128B, 132A, 132B, 132C Block Group: 2 Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 406, 407, 408, 409, 410 Tract: 0307. Tract: 0308. Tract: 0309.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group: 5 Block Group: 6 Block: 701A, 701B, 701C Tract: 0309.03 Block Group: 1 Block Group: 2 Block Group: 7 Block Group: 8 Tract: 0310.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231, 299 Block Group: 9 Tract: 0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract: 0310.03 Block: 102, 103, 104, 105, 107, 108, 109, 110B, 111, 112B, 113B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0311.01

Page 200

Block: 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03 Block: 112, 113, 114, 115, 121, 128 Tract: 0311.08 Block Group: 1 Block Group: 2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399 Block Group: 4 Tract: 0311.09 Block: 101A, 101B, 101C, That part of Block 102 which lies north and east of Spring Lake Drive extended to its intersection with Lake Park Drive, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 110, 111, 112, 115A, 115B, 116, 117A, 117B, 118 Block Group: 5 Tract: 0312.03 Block: 101A, 107A, 108 Tract: 0313.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, Block: 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 299 Block Group: 3 Tract: 0313.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 9 Tract: 0313.04 Tract: 0313.05 Tract: 0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Block Group: 5 Block Group: 6 Tract: 0314.04 Tract: 0314.98 Block Group: 1 Block: 201, 202, 204A, 204B, 205, 206, 207, 208A, 208B, 209, 213, 247, 250A, 250B, 250C, 299 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0315.01

Page 201

Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B, 313, 314, 315A, 315B, 316, 317, 318, 319, 399 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0315.02 Block Group: 1 Block Group: 2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505B, 505C, 507, 508, 509, 510, 511, 512, 513, 514, 521, 522, 523A, 523B, 524, 527, 528, 529 Block Group: 6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 706, 708 Block Group: 8 Block: 906A, 907A, 908A, 909, 910A Tract: 0316.97 District No. 34 CLAYTON Tract: 0404.01 Block: 710, 711 Tract: 0404.02 Block: 516, 517, 518, 519, 520, 522, 523, 524, 525, 526, 527, 528, 599 Tract: 0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Block Group: 3 Block: 401, 405, 406, 407, 408, 409 Tract: 0405.05 Block: 601A, That part of Block 601B which lies south of a branch of Camp Creek, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614 Tract: 0405.07 Tract: 0405.08 Tract: 0406.03 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, 315 Block Group: 4 Block Group: 5 Block Group: 6

Page 202

Block Group: 7 Tract: 0406.04 Block Group: 2 Block: 303, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338A, 338B, 341 Tract: 0406.05 Tract: 0406.06 Tract: 0406.07 Tract: 0406.08 DOUGLAS Tract: 0801.98 Tract: 0802. Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228, 299 Block Group: 3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract: 0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 299 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0806.02 Tract: 0807.97 FAYETTE Tract: 1401.01 Tract: 1401.02 Tract: 1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 399, 399, 401, 402, 403B, 403C, 406, 407, 499B, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B, 599B Tract: 1404.01 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A, 399A Block Group: 5 Tract: 1404.02 Block Group: 1 Block Group: 2 Block Group: 3

Page 203

FULTON Tract: 0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 899, 899, 899, 899, 899, 899, 899, 899, 899 Tract: 0104. District No. 35 FULTON Tract: 0073. Block: 209B Tract: 0077.02 Block: 222, 223, 301, 302, 303, 304, 314, 315, 316, 317, 319, 320, 321, 322, 323, 325A, 325B, 326, 327, 330, 399A, 399B Block Group: 4 Tract: 0078.02 Block: 101A, 101B, 102A, 102B, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109, 110, 114, 115, 116, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 120, 121, 122, 123, 125, 126, 127, 199A, 199B, 199C, 199D, 199E, 199F Block Group: 2 Block Group: 3 Tract: 0078.03 Block: 245B, 301D, 302B, 303B, 304, 305, 306 Block Group: 4 Block Group: 5 Block Group: 6 Block: 704B, 705, 706B, 707B, 707C, 708 Tract: 0103.01 Block Group: 6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709, 721, 722, 799, 841, 842 Tract: 0103.02 Tract: 0105.03 Tract: 0105.04 Tract: 0105.05 Tract: 0105.06 Tract: 0106.01 Tract: 0106.02 Tract: 0107. Tract: 0108. Tract: 0109. Tract: 0110.

Page 204

Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0111. Block: 310, 311, 312A, 312B, 314, 403, 406, 408, 409, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 420, 421 Tract: 0112.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614 Block Group: 7 Block Group: 8 Tract: 0113.01 Block: 110, 112, 118, 202, 203, 204, 205, 206, 208, 210, 211, 303, 304, 305, 306, 307, 308, 309, 310, 311 Block Group: 4 Block: 501, 502, 503, 599 Tract: 0113.02 District No. 36 FULTON Tract: 0001. Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group: 5 Tract: 0002. Block: 201, 206, 207, 208, 209, 210, 211 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0004. Block: 101, 199 Tract: 0005. Block: 201, 207 Tract: 0011. Block: 105 Tract: 0013. Tract: 0014. Tract: 0015. Tract: 0016. Tract: 0017.

Page 205

Tract: 0018. Tract: 0019. Tract: 0020. Tract: 0021. Tract: 0027. Tract: 0028. Tract: 0029. Tract: 0030. Tract: 0031. Tract: 0032. Tract: 0033. Tract: 0035. Tract: 0044. Tract: 0046.95 Tract: 0048. Tract: 0049.95 Tract: 0050. Tract: 0052. Tract: 0053. Tract: 0055.01 Tract: 0055.02 Tract: 0056. Tract: 0057. Block: 209, 210, 302, 306, 307, 308 Tract: 0063. Tract: 0064. Tract: 0065. Block: 108, 109, 110, 114, 115 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0067. Tract: 0068.01 Tract: 0068.02 Tract: 0069. Tract: 0070. Tract: 0071. Tract: 0072. Tract: 0073. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209A, 210, 211, 212, 213, 215, 216, 219 Block Group: 3 Tract: 0074. Block Group: 1 Block: 201, 202, 203, 204, 208, 209, 211A, 212A, 213

Page 206

Tract: 0075. Block Group: 1 Block: 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507 Tract: 0110. Block: 114B District No. 37 CHEROKEE Tract: 0907. Block: 511 Tract: 0908. Block: 799 Tract: 0909.03 Tract: 0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 112, 113, 114, 199 Block Group: 2 Block Group: 3 Tract: 0910.02 Tract: 0910.03 Tract: 0911.01 Tract: 0911.03 Tract: 0911.98 Tract: 0912.98 COBB Tract: 0301.98 Tract: 0302.03 Tract: 0302.04 Tract: 0302.05 Block Group: 6 Block: 702, 703, 704, 705 Block Group: 8 Block Group: 9 Tract: 0302.06 Tract: 0302.07 Tract: 0306. Block: 104A, 104B, 105, 106B, 308C, 312, 405A, 405B, 405C, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425A, 425B, 425C, 426, 499 Block Group: 5 Block Group: 6

Page 207

Block Group: 7 Block Group: 9 Tract: 0309.01 Tract: 0309.02 Block: 408, 409, 410, 411, 702 Tract: 0309.03 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227, 228 Tract: 0314.98 Block: 203, 210 Tract: 0315.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract: 0315.02 Block Group: 3 Block: 403B, 504, 505A, 506, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C, 519D, 519E, 519F, 520, 525A, 525B, 526A, 526B, 526C, 526D, 530, 599, 599, 701A, 701B, 704, 705A, 705B, 705C, 705D, 707A, 707B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B, 999 Tract: 0316.98 District No. 38 COBB Tract: 0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 399A, 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 Tract: 0313.02 Block: 402, 403, 404A, 404B, 405A, 406, 408B, 409, 410, 411, 499 Block Group: 5 FULTON Tract: 0024. Block: 208 Block Group: 4 Block Group: 5 Tract: 0040.

Page 208

Tract: 0041. Block: 310B Tract: 0077.01 Tract: 0077.02 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 299, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 331, 399C Tract: 0078.02 Block: 117A, 117B, 124A, 124B, 128, 129A, 129B Tract: 0078.03 Block: 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, 245A, 299A, 299B, 299C, 299D, 301A, 301B, 301C, 302A, 303A, 701, 702, 703, 704A, 706A, 707A Tract: 0078.04 Tract: 0079. Tract: 0080. Block: 403, 404A, 506A, 510 Block Group: 6 Tract: 0081.01 Tract: 0081.02 Tract: 0082.01 Tract: 0082.02 Tract: 0083.01 Tract: 0083.02 Tract: 0084. Tract: 0085. Tract: 0086.01 Tract: 0086.02 Tract: 0087.01 Tract: 0087.02 Tract: 0088. Block: 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 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0089. Block: 504, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 522, 527, 528, 529, 530 Block Group: 6 Tract: 0090.

Page 209

Block: 105, 106, 107, 108, 109, 110, 111, 112 Block Group: 2 Block: 301, 305A, 307, 310, 316 Tract: 0097. Tract: 0098. Block: 101A, 102, 103A, 104, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 117, 118, 199, 199, 199, 199, 217, 311, 401, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0099. Block: 308, 309, 310, 311, 313 Tract: 0102.01 Block: 703A, 706A, 707, 708, 799A District No. 39 FULTON Tract: 0001. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401 Tract: 0002. Block Group: 1 Block: 202, 203, 204, 205 Tract: 0004. Block: 102, 103, 104, 105, 106 Block Group: 2 Block Group: 3 Tract: 0005. Block Group: 1 Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Block Group: 3 Tract: 0006. Tract: 0007. Tract: 0008. Tract: 0010.95 Tract: 0011. Block: 101, 102, 103, 104, 106, 107, 108, 109 Block Group: 2 Tract: 0012. Tract: 0022. Tract: 0023. Tract: 0024. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207 Block Group: 3

Page 210

Tract: 0025. Tract: 0026. Tract: 0036. Tract: 0037. Tract: 0038. Tract: 0039. Tract: 0041. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 308, 309, 310A Block Group: 4 Tract: 0042.95 Tract: 0043. Tract: 0057. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 208, 211, 212, 301, 303, 304, 305, 310, 311 Tract: 0058. Tract: 0060. Tract: 0061. Tract: 0062. Tract: 0065. Block: 101, 102, 103, 104, 105, 106, 113 Block Group: 6 Tract: 0066.01 Tract: 0066.02 Tract: 0074. Block: 211B, 212B Tract: 0075. Block: 203B, 204B, 210B, 211B, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310A, 310B, 311A, 311B, 508 Tract: 0076.01 Tract: 0076.02 Tract: 0080. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 404B, 405, 406, 407, 408, 409, 410, 501, 502, 503, 504, 505, 506B, 507, 508, 509 Tract: 0088. Block: 127, 128 Tract: 0089. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 505, 515, 520, 521, 523, 524, 525, 526

Page 211

Tract: 0090. Block: 305B Tract: 0091. Block: 102, 103 Tract: 0092. Tract: 0093. Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407 Tract: 0094.01 Tract: 0094.02 Tract: 0096. Block: 303 Tract: 0111. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401, 402, 404, 405, 407, 410A Tract: 0112.01 Tract: 0112.02 Block: 602 Tract: 0113.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 113, 116, 119, 209, 301, 302, 504, 505, 506, 507, 508, 510, 511 Block Group: 6 District No. 40 FULTON Tract: 0090. Block: 101, 102, 103, 104, 302, 303, 304, 306, 308, 309, 311, 312, 313, 315 Tract: 0091. Block: 101, 104, 105, 106, 107, 108, 109 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0093. Block Group: 1 Block: 408 Block Group: 5 Tract: 0095. Tract: 0096. Block Group: 1 Block Group: 2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 Block Group: 4 Block Group: 5

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Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0098. Block: 101B, 103B, 103C, 115, 202, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 218, 299, 303, 304, 305, 306, 307, 308, 309, 310, 403, 404, 405, 406, 407, 408 Tract: 0099. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307 Tract: 0100. Tract: 0101.01 Tract: 0101.03 Tract: 0101.05 Tract: 0101.06 Tract: 0101.07 Tract: 0101.08 Tract: 0102.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block: 701, 702, 703B, 704, 705, 706B, 799B Tract: 0102.03 Block Group: 1 Tract: 0102.04 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0102.05 Tract: 0114.08 Block: 203D, 301B, 399D Tract: 0114.09 Block Group: 2 Block Group: 3 Tract: 0114.10 Tract: 0114.11 District No. 41 DEKALB Tract: 0211.

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Tract: 0212.02 Tract: 0212.05 Tract: 0212.07 Tract: 0212.08 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115B, 116, 201B, 202, 203, 204, 205, 206B, 207, 208B, 209B, 211B, 213B, 214B, 301, 302B, 303B Tract: 0212.09 Block: 301B, 302, 303, 405B, 406B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 499, 499 Tract: 0212.10 Tract: 0212.11 Tract: 0212.12 Tract: 0213.01 Block: 101B, 102, 103, 104, 105B, 106, 123, 124 Tract: 0213.04 Block: 101C, 105C, 106B, 114, 115, 117B, 117C, 228B, 229, 230, 232, 233B, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C, 399, 399, 399, 399 GWINNETT Tract: 0503.04 Tract: 0503.05 Tract: 0503.06 Tract: 0503.07 Tract: 0503.08 Block: 102, 103 Block Group: 2 Block Group: 3 Block: 401, 402, 404, 405, 406, 407, 499, 499, 499 Tract: 0503.10 Block Group: 1 Block Group: 2 Block Group: 3 Block 403, 404, 405, 406, 407, 408, 409, 410, 499A Tract: 0503.11 Tract: 0503.12 Tract: 0503.13 Tract: 0503.14 Tract: 0504.06 Tract: 0504.07 Block Group: 3 Tract: 0504.08 Block Group: 1 Block Group: 3 Block Group: 4 Tract: 0508.98

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District No. 42 DEKALB Tract: 0201. Tract: 0202. Tract: 0203. Tract: 0204. Tract: 0206. Block: 101 Tract: 0207. Block: 214A Tract: 0212.04 Tract: 0212.08 Block: 115A, 201A, 206A, 208A, 209A, 210, 211A, 212, 213A, 214A, 302A, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317, 318 Tract: 0212.09 Block: 301A, 401, 402, 403, 404, 405A, 406A, 407, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 0213.01 Block: 101A, 105A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.02 Tract: 0213.03 Tract: 0213.04 Block: 101A, 101B, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 117A, 120, 122, 201, 202, 203, 204, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B Tract: 0214.01 Tract: 0214.02 Tract: 0214.03 Tract: 0214.04 Tract: 0215. Tract: 0216.01 Block: 112, 116, 117, 118, 120 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0216.02 Tract: 0216.03 Tract: 0217.03 Block: 420 Tract: 0217.04 Block: 302, 303, 308, 309, 310, 311, 312, 315 Tract: 0220.01 Block: 415A

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Tract: 0222. Block: 609A, 610A Tract: 0223.01 Tract: 0223.02 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract: 0224.01 Tract: 0224.02 Tract: 0224.03 Tract: 0225. Block Group: 1 Block Group: 2 Block: 303, 304, 313, 314, 315, 408, 412 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0226. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319, 321, 322 Block Group: 4 Block Group: 5 Tract: 0228. Block: 101, 102, 103, 104, 106, 115, 401, 402 District No. 43 DEKALB Tract: 0231.03 Block: 101, 102, 104, 105, 106, 107, 108, 109, 112, 117, 118, 119, 121, 122, 199 Tract: 0232.03 Tract: 0232.05 Block: 401, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 510, 511, 512, 513, 519, 520, 521, 522 Tract: 0232.06 Tract: 0232.07 Tract: 0233.02 Tract: 0233.03 Tract: 0233.06 Block: 401, 403, 404, 405, 406, 499, 499 Block Group: 5 Tract: 0233.07 Tract: 0233.08 Tract: 0234.03

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Block: 920, 921, 923, 924, 999, 999 Tract: 0234.05 Block: 101, 114, 115, 199 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0234.07 Tract: 0234.08 Tract: 0234.09 Tract: 0235.02 Block: 113, 114, 201, 202, 203, 205, 206, 216 Block Group: 3 Block Group: 4 Tract: 0235.03 Tract: 0239.98 District No. 44 CLAYTON Tract: 0401. Tract: 0402. Tract: 0403.01 Tract: 0403.02 Tract: 0403.03 Tract: 0403.04 Tract: 0403.05 Tract: 0404.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0404.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 521, 529, 530, 531, 532, 533 Block Group: 8 Block Group: 9 Tract: 0404.03 Block Group: 1 Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C, 215, 216, 219, 225, 226, 227, 228, 229, 402, 403, 404, 410, 411, 412, 499, 499

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Tract: 0404.05 Tract: 0404.06 Tract: 0405.03 Tract: 0405.04 Tract: 0405.05 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: That part of Block 601B which lies north of a branch of Camp Creek, 610B Tract: 0405.06 Tract: 0406.03 Block: 304, 305, 306, 316, 317 Block Group: 9 Tract: 0406.04 Block: 301A, 301B, 302, 304, 319, 323, 324 Block Group: 4 Block Group: 5 Block Group: 6 District No. 45 BARROW Tract: 1801. Tract: 1802. Block: 131, 133, 134, 135, 199, 199, 213, 214, 215, 223, 224, 225, 232A, 232B, 232C, 233A, 233B, 299A, 354 Tract: 1803. Block: 108, 109, 110, 111, 112, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 199B, 256, 266, 267, 268, 269, 270 Tract: 1804. Block: 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 240, 241, 242, 243, 299B, 299C, 299D, 299F Tract: 1805. Block: 101, 102, 103, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 199A Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 NEWTON Tract: 1001.

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Tract: 1002. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 191, 193, 194, 195, 196, 197, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 242, 269, 270, 299A, 299B, 299C, 299D, 299E, 299F Tract: 1003. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 399 Tract: 1004. Tract: 1005. Block: 101A, 101B, 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, 128A, 128B, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 152, 160, 161, 162, 163, 164, 165, 166A, 167, 168A, 177, 178A, 178B, 179, 180, 181, 182, 183A, 183B, 184, 185, 187, 199A, 199B, 199C, 199D, 199E Tract: 1006. Tract: 1007. Tract: 1009. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 299A, 299B ROCKDALE Tract: 0601. Tract: 0602. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 510, 511, 599, 701A Tract: 0603.02 Block Group: 2 Block Group: 3 Block Group: 4

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Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 623, 624, 625, 628, 629, 630, 631, 632, 635, 636, 699C Tract: 0603.03 Tract: 0603.04 WALTON District No. 46 BARROW Tract: 1802. Block: 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 299B, 299C, 301A, 301B, 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, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 355, 356A, 356B, 357, 358, 399 Block Group: 4 Block Group: 5 Tract: 1803. Block: 101, 102, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 118A, 118B, 118C, 130, 131, 132, 133A, 133B, 134, 135, 136A, 136B, 137, 138, 139, 140A, 140B, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155A, 155B, 155C, 156, 157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 258, 259, 260, 261, 262, 263, 264, 265, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 299A, 299B, 299C, 299D, 299E Tract: 1804. Block Group: 1 Block: 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 226A, 226B, 227A, 227B, 228, 229A, 229B,

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230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239A, 239B, 299A, 299E Block Group: 3 Tract: 1805. Block: 104, 106A, 106B, 107, 199B, 420B, 421 CLARKE OCONEE District No. 47 BANKS ELBERT FRANKLIN HART JACKSON MADISON District No. 48 FORSYTH Tract: 1303. Block: 204, 205, 206, 207, 208, 209, 210, 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, 299, 299 Tract: 1304. Block: 112, 125A, 126, 132, 133A, 133B, 142A, 142B, 142C, 143A, 143B, 144, 145, 146, 147, 148, 149, 150A, 150B, 150C, 151A, 151B, 152A, 152B, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 199C, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 299 Block Group: 3 Tract: 1305. Block: 401, 402, 403, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E

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Tract: 1306. FULTON Tract: 0116.02 Block: 304A, 304B, 304C, 304D, 401A, 401B, 401D, 401E, 401F, 401J, 401K, 702, 901A, 901B, 901C, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917, 918A, 918E Tract: 0116.03 Block Group: 1 Block: 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 399, 399 GWINNETT Tract: 0501.01 Tract: 0501.02 Tract: 0502.02 Tract: 0502.03 Block: 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 199 Block Group: 2 Block: 303A, 315, 316, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B, 328C, 329, 332A, 332B, 333A, 333B, 334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 399A, 399B, 399C Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0502.04 Tract: 0505.02 Block: 101A, 101B, 101C, 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, 134C, 135, 136, 137, 138, 199 Tract: 0505.03 Tract: 0505.08 Block Group: 2 Tract: 0505.09 Tract: 0506.01 Tract: 0506.02 Tract: 0507.04 Block: 140 Tract: 0507.05 Block: 101, 102A, 102B, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,

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122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 160C, 161A, 161B, 199 Block Group: 2 District No. 49 FORSYTH Tract: 1301. Tract: 1302. Tract: 1303. Block Group: 1 Block: 201, 202, 203, 211 Tract: 1304. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127, 128, 129, 130, 131, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B, 199A, 199B, 199D, 232 Tract: 1305. Block Group: 1 Block Group: 2 Block Group: 3 Block: 404 HALL District No. 50 DAWSON HABERSHAM LUMPKIN RABUN STEPHENS TOWNS UNION WHITE District No. 51 CHEROKEE Tract: 0901. Tract: 0902. Tract: 0903. Tract: 0904. Tract: 0905. Tract: 0906. Tract: 0907.

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Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B Block Group: 6 Tract: 0908. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199B, 605, 606, 607, 608, 609, 702, 703, 704, 705 Tract: 0910.01 Block: 199 FANNIN GILMER GORDON PICKENS District No. 52 BARTOW Tract: 9601. Tract: 9602. Tract: 9603.98 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 299C Block Group: 3 Tract: 9604. Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 123A, 123B, 124, 125, 126, 127, 128 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9605. Block: 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 Tract: 9606. Block: 699B, 699E, 699F

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Tract: 9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 166A, 166B, 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, 196, 197, 199E, 199F Tract: 9608. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 521, 522A, 522B, 522C, 523A, 523B, 536A, 536B, 537, 538, 539, 540A, 540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B, 599C, 599D Tract: 9610. Block: 101, 102, 104, 199M FLOYD District No. 53 CHATTOOGA DADE WALKER WHITFIELD Tract: 0007. Block: 109, 110, 111, 112, 113, 114 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0008. Block: 120A, 120C, 120D, 121B, 121C, 123D, 147, 148, 199 Block Group: 2 Block: 301, That part of Block 302B which lies outside the corporate limits of Dalton, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 399, 399, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 499

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Tract: 0011. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Tract: 0012. Block Group: 1 Block Group: 2 Block Group: 3 Block: 404A, 404B, 405A, 405B, 406, 407A, 407B, 408A, 408B, 408C, 409A, 409B, 410, 411, 412, 413A, 413B, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439A, 439B, 439C, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444, 445, 446, 501, 502, 503, 504, 505, 506B, 506C, 507, 525A, 525B, 526, 527, 528A, 528B, 528C, 529, 530, 531, 532, 533, 534A, 534B, 534C, 535, 536A, 536B, 536C, 536D, 536E, 536F, 536G, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 540A, 540B, 540C, 541A, 541B, 542A, 542B, 543A, 543B, 544A, 544B, 544C, 544D, 545, 546A, 546B Tract: 0013. Block: 115A, 115B, 115C, 115D, 115E, 115F, 116, 117, 119A, 119B, 119C, 120A, 120B, 120C, 120D, 121, 122A, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 Block Group: 2 Tract: 0014. Block: 107A, 107B, 107C, 108A, 108B, 210B, 210C, 210L, 210M, 233, 234, 235A, 235B, 235C, 236A, 236B, 237A, 237B, 237C, 238, 239, 240, 241A, 241B, 242, 243A, 243B Block Group: 4 Block Group: 5 Tract: 0015. District No. 54 CATOOSA MURRAY WHITFIELD Tract: 0001. Tract: 0002. Tract: 0003. Tract: 0004. Tract: 0005. Tract: 0006.98 Tract: 0007. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108 Tract: 0008. Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A,

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109B, 110A, 110B, 110C, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120B, 121A, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C, 135D, 135E, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 302A, That part of Block 302B which lies within the corporate limits of Dalton, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract: 0009. Tract: 0010. Tract: 0011. Block: 101, 102, 201, 202, 203 Block Group: 3 Block Group: 4 Tract: 0012. Block: 401, 402, 403A, 403B, 447, 448, 506A, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524 Tract: 0013. Block: 101A, 101B, 101C, 102, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 105E, 106A, 106B, 106C, 106D, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 118A, 118B Block Group: 3 Tract: 0014. Block: 101, 102A, 102B, 103A, 103B, 103C, 104A, 104B, 104C, 104D, 105A, 105B, 106A, 106B, 106C, 106D, 106E, 106F, 201A, 201B, 202A, 202B, 203A, 203B, 204A, 204B, 204C, 205A, 205B, 205C, 205D, 206A, 206B, 207A, 207B, 207C, 208, 209A, 209B, 209C, 210A, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230, 231, 232, 299A, 299B Block Group: 3 Tract: 0016.97 Tract: 0016.98 District No. 55 DEKALB Tract: 0218.05 Block: 210, 229 Block Group: 4 Tract: 0218.06

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Block: 137, 139, 199 Tract: 0219.02 Block Group: 4 Tract: 0219.03 Tract: 0219.04 Tract: 0219.05 Tract: 0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract: 0220.02 Tract: 0220.04 Tract: 0220.05 Tract: 0221. Tract: 0229. Block: 410 Tract: 0230. Block: 104C Tract: 0231.01 Block Group: 1 Block: 204, 208, 507, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 522, 523, 535, 599 Tract: 0231.02 Block: 105B, 110B, 113B, 114C, 115B, 116B Block Group: 2 Block Group: 3 Tract: 0231.03 Block: 103, 114, 115, 116 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0231.05 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group: 5 Tract: 0231.06 Tract: 0232.04 Tract: 0232.05 Block Group: 1 Block: 402, 403, 404, 405, 406, 407, 499, 501, 502, 503, 504, 505, 506, 507, 508, 509, 514, 515, 516, 517, 518, 599, 599 Tract: 0233.05 Tract: 0233.06 Block Group: 3 Block: 402, 407, 408

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Tract: 0235.01 Block Group: 1 Tract: 0235.02 Block: 101, 102, 103, 104, 105, 106, 107, 109, 111, 112, 116, 117, 204, 207, 208, 209, 210, 211, 212, 217, 218 District No. 56 CHEROKEE Tract: 0908. Block: 123, 124, 125, 126, 127, 128, 199A Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 610, 611, 701 Tract: 0909.01 Tract: 0909.02 FULTON Tract: 0102.03 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0102.04 Block Group: 1 Block Group: 2 Tract: 0114.03 Tract: 0114.04 Tract: 0114.05 Tract: 0114.06 Tract: 0114.07 Tract: 0114.08 Block Group: 1 Block: 201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A, 208B, 299, 301A, 302, 303, 304, 305, 306, 399A, 399B, 399C Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 8 Tract: 0114.09 Block Group: 1 Block Group: 4

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Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0115. Tract: 0116.01 Tract: 0116.02 Block: 301, 302, 303, 401C, 401G, 401H, 402, 403, 404 Block Group: 5 Block Group: 6 Block: 701, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B, 708C, 709A, 709B, 709C, 709D, 710, 902A, 902B, 903A, 903B, 904, 905, 918B, 918C, 918D Tract: 0116.03 Block Group: 2 Block: 309, 310, 311 Block Group: 8 Block Group: 9 GWINNETT Tract: 0502.03 Block: 119, 301, 302A, 302B, 302C, 302D, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331, 399D Tract: 0503.08 Block: 101, 403 Tract: 0503.09 Tract: 0503.10 Block: 401, 402, 411A, 411B, 499B, 499C Approved March 28, 1997. GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES; REDISTRICTING. Code Section 28-2-1 Amended. No. 22 (House Bill No. 958). AN ACT To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the description of representative districts; to provide for the election of members of the House of Representatives; to provide for the continuation of present representative districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms; to provide for Voting Rights Act submission; to provide for automatic repeal under certain conditions; 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 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking the description of the 180 representative districts immediately following the second sentence of subsection (a) thereof and inserting in its place the description of the 180 representative districts attached to this Act and made a part hereof and further identified as: Operator: state Client: house Plan: hconsent. SECTION 2. Said Code section is further amended by striking subsection (c) thereof and inserting in its place the following: (c) The first members of the House of Representatives elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1999. Until that time the membership of the House of Representatives elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of 1998 for the purpose of electing members of the House of Representatives in 1998 who are to take office in 1999. Successors to those members and future successors shall likewise be elected under this Code section. SECTION 3. Said Code section is further amended by striking paragraph (2) of subsection (d) and inserting in its place the following: (2) Except as otherwise provided in the description of any representative district, whenever the description of any representative district refers to a named city, it shall mean the geographical boundaries of that city as such boundaries existed on January 1, 1997. SECTION 4. The Attorney General of the State of Georgia shall submit this Act to the United States Attorney General for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, and shall provide to the Governor, the Lieutenant Governor, and the Speaker of the House written notice of the date on which such submission is transmitted to the United States Attorney General. If this Act is within 30 days after such date of

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submission precleared in its entirety under Section 5 of the federal Voting Rights Act by the United States Attorney General, then this Act shall become effective according to its terms. Otherwise, if this Act has not been so precleared in its entirety by midnight of the thirtieth day after such date of submission, then this Act shall as of midnight of such thirtieth day be repealed in its entirety. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Operator: state Client: house Plan: hconsent District No. 1 DADE WALKER Tract: 0201. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block: 702A, 702B, 702C, 703, 707, 708, 709, 710, 718 Tract: 0202. Tract: 0203. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503A, 503B, 504, 505, 506, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0204.98 Tract: 0205. Block: 101, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 203, 204, 219, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 533, 534, 599, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615 Tract: 0208. Block: 316, 317, 318, 319, 320, 321, 322, 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, 399A, 399B, 399C

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District No. 2 CATOOSA Tract: 0307. Block: 101A, 101B, 101C, 101D, 101E, 102, 157, 158, 159A, 159B, 160, 161A, 161B, 161C, 161D, 162, 163, 164, 165, 166 Block Group: 2 Block: 313, 314, 315, 316, 317, 318, 319, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group: 5 Block: 607A, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 WALKER Tract: 0201. Block: 701, 702D, 704, 705, 706, 711A, 711B, 712, 713, 714, 715, 716A, 716B, 717A, 717B, 719, 720, 721, 722A, 722B, 722C, 723 Tract: 0203. Block: 507, 508, 509, 510, 511 Block Group: 6 Tract: 0205. Block: 102A, 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, 199, 199, 199, 201, 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227A, 227B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245 Block Group: 3 Block Group: 4 Block: 524, 525, 526, 527, 528, 529, 530, 531, 532, 535, 536, 537, 538, 539, 540, 541, 542, 601, 602, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 Tract: 0206.01 Tract: 0206.02 Tract: 0207. Tract: 0208. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,

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155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 323A, 323B, 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, 389, 390, 391, 392, 393, 394, 399D Block Group: 4 Tract: 0209.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 215, 216, 217, 219, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 549, 550, 556, 557 Block Group: 6 Tract: 0209.02 District No. 3 CATOOSA Tract: 0301.98 Tract: 0302. Tract: 0303. Tract: 0304. Tract: 0305. Tract: 0306. Tract: 0307. Block: 103, 104, 107, 301A, 301B, 302A, 302B, 303, 304, 305A, 305B, 306A, 306B, 306C, 307, 308, 309, 310A, 310B, 310C, 311, 312, 401, 402, 601, 602, 603A, 603B, 604, 605, 606, 607B, 717A, 717B, 717C, 719A, 719B Tract: 0308.98 District No. 4 WHITFIELD Tract: 0001. Tract: 0002. Tract: 0003. Block Group: 1

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Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 Block Group: 4 Block Group: 5 Tract: 0004. Tract: 0005. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113A, 113B, 114, 115, 120, 121, 138E, 139, 140A, 140B, 141A, 141B, 141C, 142, 143, 144, 145A, 145B, 146A, 146B, 199B, 201A, 201B, 211, 212, 213, 234, 235, 254, 301, 302, 311B, 313, 314, 315B, 337, 338, 339, 356, 357, 358, 359, 360, 361, 362 Tract: 0006.98 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 0007. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 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, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 299, 318, 319, 320, 322, 323, 324, 325, 326, 327, 328, 329, 330, 348, 349, 350, 351 Tract: 0010. Tract: 0011. Block: 101, 102, 201, 202, 203 Block Group: 3 Block Group: 4 Tract: 0013. Block: 101A, 101B, 101C, 102, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 105E, 106A, 106B, 106C, 106D, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 118A, 118B Block Group: 3 Tract: 0016.97 Tract: 0016.98 District No. 5 WHITFIELD Tract: 0003. Block: 315, 335, 336

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Tract: 0005. Block: 111A, 111B, 111C, 112A, 112B, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128A, 128B, 128C, 128D, 128E, 128F, 128G, 128H, 129, 130, 131, 132, 133, 134A, 134B, 135, 136A, 136B, 137A, 137B, 138A, 138B, 138C, 138D, 147, 148, 149A, 149B, 150A, 150B, 150C, 151, 152A, 152B, 153, 199A, 202A, 202B, 203A, 203B, 203C, 204A, 204B, 204C, 204D, 205, 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 255, 256, 257, 258, 259, 260, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 315A, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0006.98 Block: 422A, 422B, 422C, 422D, 423A, 423B Tract: 0007. Block: 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347 Block Group: 4 Tract: 0008. Tract: 0009. Tract: 0011. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Tract: 0012. Tract: 0013. Block: 115A, 115B, 115C, 115D, 115E, 115F, 116, 117, 119A, 119B, 119C, 120A, 120B, 120C, 120D, 121, 122A, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 Block Group: 2 Tract: 0014. Tract: 0015. District No. 6 FANNIN Tract: 9501.

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Block: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B, 299 Tract: 9502. Tract: 9503.98 Tract: 9504. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 199, 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, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451 MURRAY District No. 7 FANNIN Tract: 9501. Block: 101, 102, 103, 104, 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, 299 Tract: 9504. Block: 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, 199, 241A, 242A, 264A, 266, 267, 268

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Block Group: 3 Block: 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, 448, 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, 499 Tract: 9505. Tract: 9506.98 GILMER LUMPKIN District No. 8 RABUN TOWNS UNION WHITE Tract: 9501. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158, 167, 168, 169, 176, 177, 178, 191, 199A, 211A, 211B, 211C, 211D, 212, 213, 214, 215, 216, 217A, 217B, 218, 219, 220A, 220B, 221A, 221B, 222A, 222B, 223, 224, 225A, 225B, 225C, 225D, 225E, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 245B, 245C, 245D, 246, 247, 248, 249A, 249B, 250, 251, 252, 265, 274, 275 Tract: 9502. Block: 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, 250, 251, 254, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 299, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 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, 399A, 399B, 399C, 399D, 399E, 428D, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448,

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449, 450, 451, 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, 483, 484, 499 District No. 9 HABERSHAM WHITE Tract: 9501. Block: 101, 157, 159, 160, 161, 162, 163, 164, 165, 166, 170, 171, 172, 173, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 199B, 199C, 199D, 199E, 199F, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 267, 268, 269, 270, 271, 272, 273, 299, 299, 299 Tract: 9502. Block Group: 1 Block: 247, 248, 249, 252, 253, 255, 325, 326, 328, 329, 349, 350, 351, 352, 353, 354, 355, 356, 357, 401, 402, 403, 404, 405A, 405B, 406A, 406B, 406C, 407, 408A, 408B, 409A, 409B, 410A, 410B, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B, 428C, 429A, 429B, 430, 436, 485, 486 Block Group: 5 Tract: 9503. District No. 10 GORDON District No. 11 CHATTOOGA FLOYD Tract: 0002. Block: 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, 131, 133, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 199E, 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, 299A, 299B, 299C, 299D, 299E, 299F Block Group: 3 Block Group: 4 Tract: 0003.

Page 239

Block: 101, 102, 103, 104, 106, 108, 109, 113, 114, 115, 116, 117C, 117D, 128A, 128B, 129, 132, 133B, 134, 135, 199B Block Group: 3 Tract: 0013. Block: 215C, 238, 242 Tract: 0014. Block: 102B, 107, 108, 113, 117, 125, 126, 127, 128, 129, 130, 131, 199D, 199E, 199G Block Group: 2 Block: 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, 345A, 345B, 346, 347A, 347B, 348, 349, 350, 351, 352, 353, 354, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Block Group: 4 Block Group: 5 Tract: 0020. Block: 101, 102, 103, 104, 105, 106, 107, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 126C, 126D, 126E, 126F, 127, 128, 137, 157, 199A, 199B, 199C, 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, 241, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 273, 274, 292, 293, 294, 295, 296, 297, 299B, 299C Tract: 0021.98 WALKER Tract: 0208. Block: 180 Tract: 0209.01 Block: 208, 209, 210, 211, 212, 213, 214, 218, 220, 221, 222, 223, 224 Block Group: 3 Block: 547, 548, 551, 552, 553, 554, 555, 558, 559, 560, 561, 562 District No. 12 FLOYD Tract: 0002. Block: 132, 134, 135, 147B, 147D Tract: 0003. Block: 105A, 105B, 107, 110A, 110B, 110C, 110D, 110E, 111A, 111B, 111C, 111D, 112A, 112B, 112C, 112D, 117A, 117B, 117E, 118A, 118B, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 121D, 121E, 121F, 121G, 121H, 121J,

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121K, 121L, 121M, 121N, 121P, 122A, 122B, 122C, 122D, 123A, 123B, 123C, 123D, 124A, 124B, 124C, 124D, 124E, 125A, 125B, 125C, 125D, 125E, 125F, 126A, 126B, 126C, 127A, 127B, 130A, 130B, 131, 133A, 136, 137, 138, 199A Tract: 0004. Tract: 0005. Tract: 0006. Block: 143, 144, 145, 147, 152, 153, 154, 157A, 201A, 202, 203A, 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, 252A, 253A Block Group: 3 Block Group: 4 Tract: 0008. Block: 103, 104, 105, 106, 107, 108, 109, 110A, 110B, 111A, 111B, 111C, 112A, 112B, 112C, 112D, 113, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 120C, 120D, 120E, 120F, 120G, 120H, 120J, 130, 132, 134, 135, 136, 138A, 139A, 139B, 142, 143, 144, 146, 147, 148, 149, 150, 152, 155A, 155B, 201, 202, 203, 204, 205, 207, 208, 209, 210, 211A, 211B, 211E, 212, 213, 215, 218A, 218B, 220, 223A, 223B, 224, 225, 229A, 230, 231, 299 Tract: 0009. Block: 101A, 101B, 101C, 101D, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 116A, 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, 148A, 149A, 151A, 151B, 151C, 152, 153, 154, 155A, 155B, 156, 210A Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Block Group: 1 Block: 201A, 201B, 201C, 202A, 202B, 202C, 203, 204, 205, 206, 207, 208A, 208B, 208C, 208D, 209A, 209B, 209C, 209D, 210A, 210B, 210C, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 243 Tract: 0014. Block: 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 102A, 103, 104, 105, 106, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 110A, 110B, 111A, 111B, 111C,

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111D, 111E, 112A, 112B, 112C, 114, 115, 116, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 199A, 199B, 199C, 199F, 199H, 301, 302, 303, 304 Tract: 0015. Block: 101A, 101B, 101C, 101D, 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, 149A, 150A, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166B, 199A, 199B, 199C, 199D, 199E, 199F, 199G Tract: 0016. Block Group: 1 Block: 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 210, 211A, 211B, 212, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250 Block Group: 3 Tract: 0017. Block: 104A, 105A, 105B, 105C, 105D, 105E, 105F, 105H, 108A, 108B, 108C, 108D, 108E, 109A, 109B, 109C, 109D, 109E, 109F, 110, 115, 116A, 116B, 117A, 117B, 117C, 118, 120A, 120B, 120D, 120E, 120F, 121A, 121B, 122B, 125 Tract: 0018. Block: 101A, 101B, 102A, 102B, 103A, 103B, 104C, 105B, 109B, 111B, 112, 114, 115A, 122A, 122B, 123A, 123B, 123C, 125B, 153, 154A, 154B, 154C, 201C, 202B, 202C, 210, 240 Tract: 0019. Block: 101A, 101B, 101C, 102A, 102B, 102C, 114A, 115A, 115B, 116C, 117, 118, 119 District No. 13 BARTOW Tract: 9601. Block: 115, 116, 117, 118, 119, 120, 121, 122, 123, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 221, 222, 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 299A Tract: 9602. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4

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Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 599, 599 Tract: 9603.98 Block Group: 3 Tract: 9604. Block: 208, 234A, 234B, 301, 302, 303, 304, 305, 306, 307, 308 FLOYD Tract: 0001.98 Tract: 0002. Block: 147A, 147C, 148, 172, 199A, 199B, 199C, 199D, 199F, 299G Tract: 0006. Block: 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 101L, 102, 103A, 103B, 103C, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 135A, 135B, 135C, 135D, 136, 137, 138A, 138B, 138C, 138D, 138E, 139, 140, 141, 142, 146, 148A, 148B, 148C, 149A, 149B, 150, 151, 155A, 155B, 156A, 156B, 156C, 157B, 158, 199A, 199B, 199C, 199D, 199E, 201B, 203B, 252B, 253B, 254 Tract: 0007. Tract: 0008. Block: 101A, 101B, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 137, 138B, 140, 141, 145, 151, 206, 211C, 211D, 214, 216, 217, 219, 221, 222, 226, 227, 228, 229B, 232, 233 Tract: 0009. Block: 101E, 102, 115, 116B, 116C, 148B, 149B, 150, 157, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210B Tract: 0015. Block: 101E, 102, 149B, 149C, 150B, 199H Tract: 0016. Block: 209, 213 Tract: 0017. Block: 101, 102, 103, 104B, 105G, 106, 107, 111, 112, 113, 114, 119, 120C, 123, 124, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 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, 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, 299

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Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0018. Block: 104A, 104B, 105A, 106, 107, 108, 109A, 110, 111A, 113, 115B, 116, 117, 118, 119, 120, 121, 122C, 123D, 124A, 124B, 125A, 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, 155, 156, 157, 201A, 201B, 202A, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 229C, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Tract: 0019. Block: 102D, 102E, 102F, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114B, 116A, 116B, 120A, 120B, 121, 122, 124, 126, 127, 129, 130, 131, 132, 133, 134, 138, 139, 199A, 199B, 199C Tract: 0020. Block: 109, 110, 111, 129, 130, 131, 132, 133, 134, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 156H, 158, 159, 160A, 160B, 160C, 160D, 160E, 161A, 161B, 162, 163A, 163B, 163C, 164A, 164B, 164C, 165, 166, 167A, 167B, 168, 169A, 169B, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178A, 178B, 179A, 179B, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199D, 199E, 199F, 199G, 199H, 237, 238, 239, 240, 242, 243, 244, 245A, 245B, 246, 247, 248A, 248B, 248C, 248D, 249A, 249B, 250, 270, 271, 272, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A Block Group: 3 Tract: 0021.97 District No. 14 BARTOW Tract: 9601. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175,

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176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 201, 202, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 299B Block Group: 3 Tract: 9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 285, 286, 287, 288, 289, 290 Tract: 9604. Block Group: 1 Block: 201, 202, 203A, 203B, 203C, 203D, 204, 205A, 205B, 205C, 206A, 206B, 206C, 207, 209, 210, 211, 212A, 212B, 213A, 213B, 213C, 213D, 214A, 214B, 214C, 215, 216, 217A, 217B, 217C, 218A, 218B, 219, 220, 221, 222, 223A, 223B, 224A, 224B, 225A, 225B, 226, 227, 228, 229, 230, 231, 232A, 232B, 233, 235A, 235B, 235C, 236A, 236B, 236C, 236D, 237, 238, 239A, 239B, 239C, 240, 241A, 241B, 241C, 242A, 242B, 242C, 243A, 243B, 243C, 244A, 244B, 244C, 245A, 245B, 245C, 246A, 246B, 247A, 247B, 247C, 248A, 248B, 249, 250A, 250B, 251A, 251B, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255A, 255B, 256A, 256B, 257A, 257B, 257C, 258A, 258B, 259, 260, 261A, 261B, 262, 263, 299 Tract: 9605. Block Group: 1 Block Group: 2 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract: 9606. Tract: 9607. Tract: 9608. Tract: 9609. Block Group: 1 Block: 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214A, 214B, 215A, 215B, 215C, 215D, 215E, 215F, 215G, 215H, 216, 217, 218, 219, 220, 221A, 221B, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 299A, 299B, 299D, 299E, 299F, 301A, 301B, 301C, 302, 303, 304A, 304B, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328,

Page 245

329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337, 338, 339, 340, 341, 342, 349, 350, 399A, 399B, 399C, 399D, 399E Tract: 9610. Block: 199C District No. 15 CHEROKEE Tract: 0901. Block Group: 1 Block Group: 2 Block: 301, 302A, 302B, 303, 304, 305, 306, 307A, 307B, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327A, 327B, 328, 329, 330, 331, 332A, 332B, 333, 334A, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345A, 345B, 346, 347A, 347B, 347C, 348, 349, 350, 351, 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, 441A, 441B, 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, 467, 468, 469, 470A, 470B, 470C, 471, 472, 473, 474, 475, 476, 477, 480, 481, 482, 483, 499 Tract: 0902. Block Group: 1 Block: 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, 250, 251, 252, 253, 254, 255, 299 Block Group: 3 Tract: 0905. Tract: 0908. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 299 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 517, 518, 519, 601, 602, 603, 604, 610, 611, 701 PICKENS District No. 16 CHEROKEE Tract: 0901.

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Block: 352, 353, 478, 479 Tract: 0903. Block: 101A, 101B, 101C, 101D, 101E, 102, 103, 104, 105, 106, 107A, 112A, 115, 116, 117, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 137, 138, 139, 140, 141, 199A, 199B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 299A, 299B Tract: 0904. Tract: 0906. Tract: 0907. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B Block Group: 6 Tract: 0908. Block: 208, 209, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 605, 606, 607, 608, 609, 702, 703, 704, 705 Tract: 0909.01 Tract: 0909.02 Tract: 0910.01 Block: 199 District No. 17 CHEROKEE Tract: 0902. Block: 256, 257, 258, 259, 260, 261, 262, 263, 264 Tract: 0903. Block: 107B, 108, 109, 110, 111, 112B, 113, 114, 131, 132, 133, 134, 135, 136, 199C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 299C, 299D, 299E, 299F, 299G Tract: 0907. Block: 511 Tract: 0908. Block: 799 Tract: 0909.03 Tract: 0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, 110C, 111A, 111B, 112, 113, 114, 199 Block Group: 2 Block Group: 3

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Tract: 0910.02 Tract: 0910.03 Tract: 0911.01 Tract: 0911.03 Tract: 0911.98 Tract: 0912.98 District No. 18 HARALSON PAULDING Tract: 1201. Block: 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184A, 184B, 185, 186, 187A, 187B, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192, 193, 194, 195, 196, 197, 199, 199, 199, 206, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 286, 287, 288A, 288B, 289A, 289B, 290A, 290B, 291A, 291B, 292, 293A, 293B, 293C, 294, 295, 296, 297, 299F, 299G, 299H, 299J, 299K, 299L Tract: 1203. Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 313, 315B, 316B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329C, 330C, 330D, 331, 340D, 364, 365, 373, 374, 375, 399 Tract: 1204. Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104, 105, 106, 107, 108, 109, 110A, 110B, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 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, 256, 257, 258, 259, 260, 299A, 299B, 299C, 305, 306, 307, 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,

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362, 363, 366, 367, 368, 369, 370, 371, 372, 373, 374, 399B, 399D, 399E, 399F, 399G, 399H, 399J Tract: 1206.98 Block: 325, 326, 327, 328, 339, 340, 344, 345, 346, 347, 348, 349, 350, 351, 399H, 423 POLK Tract: 9902. Block: 135, 136, 137, 138, 139 Tract: 9903. Block Group: 1 Block: 201, 202, 203, 204, 206, 212, 213, 214, 215, 216, 217, 220, 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, 399A, 399B, 399C, 399D, 399E Tract: 9904. Block: 147, 148, 149, 150, 151, 414, 415, 416, 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, 499, 499, 499, 499, 499, 499, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 599A, 599B, 599C, 599D, 599E, 599F Tract: 9905. Block: 520, 521, 523, 524, 525, 623, 624, 625, 638, 640, 642, 643, 644, 645, 646, 647, 648 Tract: 9906. Block: 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 499D, 499E, 499F, 499G Tract: 9907. Block: 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 599K District No. 19 DAWSON HALL

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Tract: 0002. Block: 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 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0003. Tract: 0004. Block: 201A, 201B, 201C, 202A, 202B, 202C, 202D, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 210, 211A, 211B, 212A, 212B, 299A, 299B, 299C, 299D, 299J, 299K Block Group: 3 Tract: 0005. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215A, 215B, 216, 217, 299B, 299C, 299D Block Group: 3 Tract: 0010. Block: 402, 403, 404, 405A, 405B, 405C, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 499A, 499B, 499C District No. 20 HALL Tract: 0001.98 Block Group: 1 Block Group: 2 Block Group: 3 Block: 414, 415, 416, 417, 418, 419, 420, 421, 433, 435, 436, 437, 438, 439, 440, 477, 478, 499A Tract: 0002. Block: 199, 199 Tract: 0004. Block Group: 1 Block: 213, 214, 215, 216, 217, 218, 219A, 219B, 220A, 220B, 220C, 220D, 220E, 221, 222A, 222B, 223, 224, 225A, 225B, 226, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233, 299E, 299F, 299G, 299H, 299L

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Tract: 0005. Block: 299A Block Group: 4 Block Group: 5 Tract: 0006. Tract: 0007. Block: 206, 207, 208, 209, 210, 211, 212A, 212B, 212C, 213, 214, 215, 219, 222 Block Group: 3 Tract: 0008. Tract: 0009. Tract: 0010. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 401B, 406A, 406B, 407A, 407B, 408, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 409H, 501E, 505A, 505B, 506A, 506B, 507A, 507B Tract: 0011. Tract: 0012. Block Group: 1 Block Group: 2 Block: 301A, 301B, 302, 303, 304, 305A, 305B, 306A, 306B, 307 Tract: 0013. Block: 101A, 101B, 101C, 101D, 101E, 102A, 102B, 102C, 103A, 103B, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 130 Tract: 0014. Block: 119A, 119B, 121A, 121B, 122, 127A, 127B, 127C, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 131A, 131B, 132, 133, 134, 135A, 135B, 301A, 301B District No. 21 GWINNETT Tract: 0505.03 Block: 103 Tract: 0506.01 Block: 136, 137, 138, 163, 165, 166, 167, 168, 199B, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 227, 228, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252 Block Group: 3 Tract: 0506.02 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310A, 310B, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324A, 324B, 325A, 325B, 326, 327, 328, 329, 330, 331, 332A, 332B, 336, 337, 338, 339, 340A,

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340B, 341A, 341B, 342, 343, 344, 415, 416, 417, 418, 419A, 419B, 419C, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B HALL Tract: 0010. 501A, 501B, 501C, 501D, 501F, 502A, 502B, 503, 504, 508A, 508B, 508C, 508D, 508E, 508F, 508G, 509A, 509B, 510A, 510B, 511A, 511B, 511C, 511D, 511E, 512A, 512B, 513, 514, 515, 516A, 516B, 599 Block Group: 6 Tract: 0012. Block: 308A, 308B, 308C, 309, 310A, 310B, 310C, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331A, 331B, 331C, 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, 399A, 399B, 399C, 399D, 399E, 399F, 411A, 411B, 411C, 411D, 412, 413, 414, 415, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 499A, 499B Tract: 0013. Block: 103C, 110, 111A, 111B, 111C, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 131A, 131B, 132A, 132B, 132C, 132D, 133 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0014. Block: 101A, 101B, 102, 103A, 103B, 104A, 104B, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 120A, 120B, 123A, 123B, 124A, 124B, 125A, 125B, 126, 130A, 130B, 136, 137, 138A, 138B, 139, 140, 199 Block Group: 2 Block: 302A, 302B, 303A, 303B, 303C, 304, 305, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310A, 310B, 311, 312A, 312B, 313, 314, 315A, 316B, 316A, 316B, 317A, 317B Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0015.

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Tract: 0016. District No. 22 BANKS FRANKLIN Tract: 9901. Block: 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, 137, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 199, 199, 252, 282, 283, 284 STEPHENS District No. 23 FRANKLIN Tract: 9901. Block: 132, 133, 134, 135, 136, 138, 201, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208, 209A, 209B, 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, 253, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279A, 279B, 280, 281, 285, 286, 287, 288, 299 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9902. Tract: 9903. Tract: 9904. HART District No. 24 CLARKE Tract: 0003. Block: 111, 112, 113, 114, 115, 117, 118, 144, 199 Tract: 0014.02 Block Group: 1 Block: 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216

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Block Group: 3 Block: 404, 406, 407, 408, 409, 410, 412, 414, 415, 416, 417, 418B, 419B Block Group: 5 Block Group: 6 Block: 707, 708, 711, 720A, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block Group: 1 Block Group: 5 Tract: 0015.02 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 299 MADISON District No. 25 HALL Tract: 0001.98 Block: 401, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410A, 410B, 410C, 411, 412, 413, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 434, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452A, 452B, 453, 454, 455A, 455B, 456, 457A, 457B, 458A, 458B, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 479, 480, 499B, 499C Tract: 0007. Block Group: 1 Block: 201, 202, 203, 204, 205, 216, 217, 218, 220, 221, 223, 224 Tract: 0012. Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 416, 417, 418, 442, 443 JACKSON District No. 26 PAULDING Tract: 1201. Block: 101, 102, 103, 104A, 126, 127, 130, 131, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 201, 202, 203, 204, 205, 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, 299A, 299B, 299C, 299D, 299E

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Tract: 1202. Tract: 1203. Block Group: 1 Block Group: 2 Block: 311A, 312, 314, 315A, 316A, 317, 318, 319, 329A, 329B, 330A, 330B, 332, 333, 334, 335, 336, 337A, 337B, 337C, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C, 341, 342A, 342B, 342C, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352A, 352B, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 371, 372 Block Group: 4 Tract: 1204. Block: 132, 133, 134, 135, 136, 137, 138, 199A, 201, 202, 203, 204, 254, 255, 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 364, 365, 399A, 399C Tract: 1205. Tract: 1206.98 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 341, 342, 343, 352, 353, 354, 355, 356, 357, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 401, 402, 403, 405, 406, 407, 408, 409A, 410, 411, 412, 413A, 414A, 414B, 420A, 421A, 424A, 499A, 499B, 499C, 499D, 499E District No. 27 BARTOW Tract: 9602. Block: 542 Tract: 9603.98 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 226, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 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, 291, 299A, 299B, 299C Tract: 9604. Block: 309, 310, 311, 312, 313, 314, 315, 316 Block Group: 4

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Block Group: 5 Tract: 9605. Block: 302, 401 Tract: 9609. Block: 299C, 321, 322, 323, 324, 343, 344, 345, 346, 347, 348 Tract: 9610. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 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, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M Block Group: 2 POLK Tract: 9901. Tract: 9902. Block: 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, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9903. Block: 205, 207, 208, 209A, 209B, 210, 211, 218, 219, 221A, 221B, 221C, 221D, 222A, 222B, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 234C, 234D, 235, 236A, 236B, 237A, 237B, 238, 239A, 239B, 240, 241, 242, 243, 244, 245, 246, 247, 301, 302, 303A, 303B, 304A, 304B Tract: 9904. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 130A, 130B, 130C, 131A, 131B, 132, 133, 134A, 134B, 134C, 134D, 134E, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 199A, 199B

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Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 417, 501 Tract: 9905. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503A, 503B, 503C, 503D, 503E, 504A, 504B, 505, 506A, 506B, 507, 508, 509, 510, 511, 512A, 512B, 513A, 513B, 514, 515A, 515B, 516A, 516B, 517, 518, 519, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 639, 641, 699 Tract: 9906. Block Group: 1 Block Group: 2 Block Group: 3 Block: 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, 463, 464, 465, 466, 499A, 499B, 499C, 499H, 499J, 499K Tract: 9907. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 501C, 501D, 501E, 501F, 502A, 502B, 503A, 503B, 504A, 504B, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A, 522B, 522C, 523A, 523B, 524A, 524B, 525A, 525B, 525C, 525D, 526A, 526B, 526C, 527, 528A, 528B, 529A, 529B, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 599A, 599B, 599C, 599D, 599E, 599F, 599G, 599H, 599J, 599L District No. 28 FORSYTH Tract: 1301. Tract: 1302. Tract: 1303. Tract: 1304. Tract: 1305. Block Group: 1

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Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408A, 408B, 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, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 482, 483, 485, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 499A, 499B, 499C Tract: 1306. Block: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 134, 135, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 212, 240, 241, 242 District No. 29 COBB Tract: 0310.01 Block: 910D, 925A, 926 Tract: 0311.01 Block Group: 2 Block: 301, 304, 305, 306, 307, 308, 309, 310 Tract: 0311.03 Block: 112, 113, 114, 115, 116A, 116B, 117, 119, 120, 121, 128 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0311.05 Block: 103, 104, 105A, 105B, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 116C, 116D, 116E, 116F, 116G, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126A, 126B, 126C, 127, 128A, 128B, 129, 130A, 130B, 130C, 131, 132, 134, 135A, 135B, 135C, 136A, 136B, 136C, 137A, 137B, 138, 139A, 139B, 139C, 199, 199, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 621, 622, 623, 627, 699 Tract: 0311.06 Block: 409, 412 Block Group: 5 Tract: 0311.07 Tract: 0311.08 Block: 101, 102B, 102C, 102D, 102E, 102F, 102G, 103A, 103B, 104, 105, 106A, 106B, 107A, 107B, 201A, 201B, 202A, 203, 204A, 204B, 204C, 204D, 205A, 205B, 206, 207, 208, 209A, 210, 211, 212, 213, 214, 215A, 215B, 313A,

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314A, 315, 320A, 321A, 401A, 401B, 401C, 402, 405B, 409A, 410, 411A, 411B, 411C, 412 Tract: 0311.09 Block: 101B, 503B Tract: 0312.02 Block: 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 399B, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505 Block Group: 6 Tract: 0312.03 Block: 110A, 516A, 517, 518, 519, 520, 521A Tract: 0312.04 Block: 501A, 501B, 502, 503, 504A, 504B, 504C, 504D, 505, 506A, 506B, 507A, 507B, 508, 513, 514, 515, 516A, 516B, 516C, 516D, 517, 518A, 518B, 519A, 519B, 519C, 520, 521, 528, 529, 530A, 530B, 531A, 531B, 532 Tract: 0313.01 Block: 101B, 155A, 155B, 155C, 156, 210, 214, 215, 216, 217, 218, 233, 234, 235, 901A, 901B, 902, 903, 904, 905A, 905B, 905C, 906, 907, 908, 911, 912, 999 Tract: 0313.02 Block: 401, 404C, 405B, 407, 408A District No. 30 COBB Tract: 0303.21 Block Group: 2 Block: 301, 401, 402B, 402C, 404A, 404B, 405A, 405B, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413 Block Group: 5 Block Group: 6 Block Group: 9 Tract: 0304.01 Block: 919A Tract: 0304.02 Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group: 3 Block Group: 6 Tract: 0304.05 Block Group: 3 Block: 401B, 401C, 401E, 402A, 402B, 403, 404, 405, 406A, 406B, 407C, 407E, 410 Block Group: 5 Block: 601C, 602B, That part of Block 603A lying outside the city limits of Marietta, 603C

Page 259

Block Group: 7 Block: 802 Block Group: 9 Tract: 0304.06 Block Group: 6 Block Group: 7 Block: 801A, 801B Tract: 0311.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, 110B, 110C, 110D, 110E, 110F, 111, 118, 122 Tract: 0311.09 Block: 102, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115B, 116, 117A, 117B, 118, 119, 120 Tract: 0312.02 Block: 301, 302, 303, 305, 309, 310, 399C, 528, 529, 530 Tract: 0312.03 Block: 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 108, 109, 110B, 111, 112, 113, 114, 115, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516B, 521B, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 599A, 599B Tract: 0312.04 Block Group: 2 Block: 509, 510, 511, 512, 522, 523, 524, 525, 526, 527 District No. 31 COBB Tract: 0303.16 Block: 313, 399, 707, 708 Block Group: 8 Block Group: 9 Tract: 0303.17 Block: 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 699A, 699B, 699C Tract: 0303.18 Tract: 0303.19 Tract: 0303.20 Tract: 0304.01 Block Group: 1 Block: 201, 202, 209, 210, 299, 901A, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B Tract: 0304.02 Block Group: 1 Block: 201, 212, 213, 214, 215 Block Group: 9

Page 260

Tract: 0304.05 Block: 407A, 407B, 407D, 407F, 407G, 408, 409 Tract: 0304.06 Block: 801C District No. 32 COBB Tract: 0302.05 Block: 918 Tract: 0302.07 Block: 104B, 105, 108A, 108B, 109, 113D, 114A, 114B, 115B, 199C Tract: 0303.21 Block: 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 402A, 403A, 403B, 403C, 403D Tract: 0304.04 Tract: 0304.05 Block Group: 1 Block Group: 2 Block: 401A, 401D, 601A, 601B, 602A, 603A, That part of Block 603A lying inside the city limits of Marietta, 801, 803 Tract: 0304.06 Block Group: 1 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0305.01 Block: 301A, 306, 307A, 307B, 308A, 308B Block Group: 5 Block: 601A, 601C, 601D, 601E, 602A, 602B, 602C, 602D, 602E, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604A, 604B, 604C, 604D, 604E, 604F, 605A, 605B, 605C, 605D, 606A, 606B, 606C Block Group: 7 Block: 819 Block Group: 9 Tract: 0305.02 Block: 112A, 114A, 114B, 201A, 201B, 201E, 202A, 202B, 202C, 299 Block Group: 3 Block Group: 6 Tract: 0305.03 Block Group: 1 Block: 202A, 205A, 205C, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 302C, 307A, 307B, 307C, 308A, 308B, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 315C, 316A, 316B, 317, 318A, 318B,

Page 261

407, 408, 409, 410, 411A, 411B, 411C, 411D, 412A, 412B, 413A, 413B, 414, 415, 416, 417, 418, 419A, 419B, 419C, 502A Block Group: 6 Tract: 0306. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block: 901A, 901B, 901C, 901D, 902A, 902B, 902C, 902D, 902E, 903, 917A, 917B, 917C, 917D, 917E, 919 Tract: 0307. Tract: 0308. Tract: 0309.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510 Block Group: 6 Tract: 0310.01 Block: 901, 902, 903, 904, 905, 906, 907A, 907B, 908A, 908B, 909A, 909B, 910A, 910B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 911, 912, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C, 999 Tract: 0311.08 Block: 102A, 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 399, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D Tract: 0311.09 Block: 101A, 101C, 501, 502, 503A, 504, 505 District No. 33 COBB Tract: 0311.06 Block: 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 413, 414, 415, 416, 417, 418, 419, 499 Tract: 0313.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 299 Block Group: 3

Page 262

Block Group: 4 Block: 913 Tract: 0313.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 117, 199B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224 Block Group: 3 Tract: 0313.04 Tract: 0313.05 Tract: 0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0314.04 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0314.98 Block: 316, 317, 318 Block Group: 4 Block: 508, 510, 511, 513, 517 Tract: 0316.97 District No. 34 COBB Tract: 0302.03 Block Group: 1 Block Group: 2 Block: 301, 302, 304, 305, 306, 307 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0302.04 Block: 109, 110, 111, 112, 307, 319, 526E, 533, 534A, 534B, 534C, 534D, 535B, 599 Tract: 0302.05 Block: 601, 602, 605, 606, 607, 608, 699C Block Group: 7 Block Group: 8 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912A, 912B, 913A, 913B, 913C, 913D, 914A, 914B, 915A, 915B, 916A, 916B, 917A, 917B, 999 Tract: 0302.06 Block: 236, 239, 240, 242, 701, 702, 703, 707, 708, 709, 710, 799 Tract: 0302.07 Block: 101A, 101B, 101C, 101D, 101E, 102, 103A, 103B, 103C, 103D, 104A, 106, 107, 110, 111, 112, 113A, 113B, 113C, 113E, 115A, 115C, 115D, 199A, 199B, 199D, 199E, 199F

Page 263

Block Group: 2 Block: 601, 602, 603, 608, 609, 611, 612 Block Group: 7 Block: 801A, 801B, 801C, 802A, 802B, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826, 899A, 899B, 899C, 901, 902, 903, 904, 905, 917, 918, 919, 920, 921, 99C Tract: 0306. Block: 904, 905 Tract: 0309.01 Block: 101B Block Group: 3 Block: 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 699B, 701B, 701D Tract: 0309.03 Block: 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507 Block Group: 6 Tract: 0310.02 Block: 211, 212, 224C, 225B, 226, 227, 228 Tract: 0315.02 Block Group: 1 District No. 35 COBB Tract: 0302.07 Block: 823A, 823B Tract: 0309.01 Block: 101A Block Group: 2 Block: 401A, 401B, 402, 403, 501A, 601A, 601B, 601C, 601D, 601F, 601G, 601H, 601J, 601K, 602, 603A, 604A, 699A, 701A, 701C, 702, 703A, 703B Tract: 0309.02 Block: 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 208, 209, 210, 211, 212, 213 Block Group: 3 Block: 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407, 408, 409, 410, 411, 505, 506 Block Group: 7 Tract: 0309.03 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 401D, 402, 501A Block Group: 7 Block Group: 8

Page 264

Tract: 0310.01 Block Group: 1 Block Group: 2 Tract: 0310.02 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210A, 210B, 210C, 213A, 213B, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225A Tract: 0310.03 Tract: 0311.01 Block Group: 1 Block: 302, 303, 311, 312, 313, 314, 315 Tract: 0311.05 Block: 101, 102, 601, 620, 624, 625, 699 Tract: 0311.08 Block: 303A, 304, 308, 310A, 319 District No. 36 COBB Tract: 0302.03 Block: 303, 308, 309, 310, 311, 312, 313, 314, 315, 399, 399, 399 Block Group: 4 Block Group: 5 Tract: 0314.03 Block: 101, 102, 103, 104, 105 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0314.04 Block Group: 1 Block Group: 6 Tract: 0314.98 Block Group: 1 Block Group: 2 Block: 301A, 301B, 301C, 302, 303A, 303B, 303C, 304A, 304B, 304C, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 319, 320, 321, 322, 399, 501, 502, 503, 504, 505, 506A, 506B, 506C, 507, 509, 512, 514, 515A, 515B, 515C, 515D, 515E, 516, 518, 519, 520A, 520B, 521, 522A, 522B, 523A, 523B, 523C, 523D, 523E, 524, 525, 526, 527, 528A, 528B, 528C, 529A, 529B Block Group: 6 Block Group: 7 Tract: 0315.01 Tract: 0315.02

Page 265

Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 District No. 37 COBB Tract: 0303.15 Tract: 0303.16 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315 Block Group: 4 Block Group: 5 Block Group: 6 Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712, 799, 799, 799, 799 Tract: 0303.17 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 699D Block Group: 7 Tract: 0304.01 Block: 203, 204, 205, 206, 207, 208, 906A, 907A, 907B, 908, 920A, 920B, 920C, 920D, 920E Tract: 0305.03 Block: 201, 202B, 203, 204, 205B, 206, 401, 402A, 402B, 403, 404, 405, 406A, 406B, 499, 499, 501A, 501B, 502B, 502C, 503A, 503B, 503C, 504, 505, 506, 507, 508 District No. 38 COBB Tract: 0301.98 Tract: 0302.04 Block: 101, 102, 103, 104, 105, 106, 107, 108, 199A, 199B, 199C, 199D Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318

Page 266

Block Group: 4 Block: 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526A, 526B, 526C, 526D, 527A, 527B, 527C, 528A, 528B, 529, 530A, 530B, 531A, 531B, 532, 535A Tract: 0302.05 Block: 603A, 603B, 604, 609A, 609B, 610, 611, 612A, 612B, 613, 614, 615, 616, 617, 618, 619A, 619B, 620A, 620B, 621, 622, 623, 699A, 699B Tract: 0302.06 Block Group: 1 Block: 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206, 207A, 207B, 207C, 207D, 208, 209, 210, 211A, 211B, 211C, 211D, 211E, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232, 233A, 233B, 234A, 234B, 235, 237A, 237B, 238, 241 Block Group: 3 Block Group: 6 Block: 704, 705, 706 Tract: 0302.07 Block Group: 5 Block: 604, 605, 606, 607, 610, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 999A, 999B Tract: 0316.98 District No. 39 COBB Tract: 0303.02 Tract: 0303.07 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 299 Block Group: 3 Tract: 0303.09 Tract: 0303.10 Block Group: 1 Block Group: 8 Tract: 0303.11 Block: 101, 102, 103, 104, 110, 111, 112, 113, 114, 199B Block Group: 8 Block Group: 9 Tract: 0303.14 Block Group: 3

Page 267

District No. 40 COBB Tract: 0303.07 Block: 209, 210, 211, 212, 213, 214, 215, 216, 217 Tract: 0303.10 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 7 Tract: 0303.11 Block: 105, 106, 107, 108, 109, 199A Block Group: 3 Block Group: 4 Tract: 0303.12 Tract: 0303.13 Tract: 0303.14 Block Group: 1 Block Group: 2 Tract: 0305.01 Block Group: 1 Block Group: 2 Block: 301A, 302, 303, 304, 305, 309, 310, 311 Block Group: 4 Block: 601B, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818 Tract: 0305.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 199, 201C, 201D, 203, 204, 205, 206, 207 Block Group: 4 Tract: 0305.03 Block: 301, 302A, 302B, 302D, 303, 304, 305, 306, 399 District No. 41 FULTON Tract: 0114.03 Block: 101B Tract: 0114.04 Block: 501A, 601, 602A, 602B, 604, 702A Tract: 0114.08 Block Group: 8 Tract: 0114.09 Block Group: 1 Block Group: 4 Tract: 0115. Block Group: 3

Page 268

Block Group: 4 Block: 501, 502, 503C, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515B, 515C, 516C, 516D, 599B, 599C, 601, 602, 603, 604, 605C, 605D, 652C, 654, 699D, 699E, 701B Block Group: 9 Tract: 0116.01 Block: 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 106, 107, 108A, 108B, 108C, 108D, 108E, 108F, 108G, 109A, 109B, 110A, 110B, 110C, 110D, 110H, 110J, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610C, 610D, 610E, 611A, 611C, 612A, 612B, 613A, 614A, 615A, 615G, 616A, 616D, 617, 618A, 618B, 618C, 618D, 619, 620A, 620B, 620D, 620E, 620F, 621A, 622, 623, 624, 625, 626, 699 Tract: 0116.02 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block: 702, 703, 709A, 709B, 901A, 901B, 901C, 902A, 902B, 903A, 903B, 904, 905, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917 Tract: 0116.03 District No. 42 FULTON Tract: 0114.03 Block: 101A, 102, 103, 104 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0114.04 Block Group: 3 Block Group: 4 Block 501B, 599, 602E, 608, 609, 610, 701, 702B Tract: 0114.05

Page 269

Tract: 0114.06 Block Group: 1 Block: 201A, 299A, 299B, 299C Block Group: 3 Block Group: 4 Block Group: 8 Block: 901, 902, 903, 904, 906, 907, 908, 909 Tract: 0114.07 Tract: 0114.11 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 199A, 199B, 199C, 199E Block Group: 2 Block: 301, 302A, 401A, 402A, 501A Block Group: 6 Tract: 0115. Block: 503A, 503B, 504, 505A, 505B, 515A, 516A, 516B, 517, 518, 599A, 605A, 605B, 605E, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645A, 645B, 646, 647, 648, 649, 650, 651, 652A, 652B, 653, 699A, 699B, 699C, 701A, 702, 703, 704, 705, 706, 707, 708, 709A, 709B, 709C, 710, 711, 712, 713, 799 Tract: 0116.01 Block: 110E, 110F, 110G, 610B, 611B, 613B, 614B, 615B, 615C, 615D, 615E, 615F, 616B, 616C, 616E, 620C District No. 43 FULTON Tract: 0101.03 Block: 701, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 804, 813, 814 Tract: 0101.05 Tract: 0102.03 Tract: 0102.04 Tract: 0102.05 Tract: 0114.06 Block: 201B, 202, 299D, 299E, 299F, 299G, 905, 999 District No. 44 FULTON Tract: 0101.03 Block: 801 Tract: 0101.06 Tract: 0101.07 Tract: 0101.08

Page 270

Tract: 0114.04 Block Group: 2 Block: 602C, 602D, 602F, 603, 605, 606, 607 Tract: 0114.08 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0114.09 Block Group: 2 Block Group: 3 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0114.10 Tract: 0114.11 Block: 114B, 117B, 118, 199D, 302B, 401B, 401C, 401D, 402B, 501B, 501C Tract: 0116.01 Block: 621B Block Group: 7 Tract: 0116.02 Block: 701, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B, 708C, 709C, 709D, 710, 918A, 918B, 918C, 918D, 918E District No. 45 FULTON Tract: 0097. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314, 315, 316, 399, 399 Tract: 0098. Tract: 0099. Tract: 0101.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 121, 122, 123, 124, 125, 199 Block Group: 2 Tract: 0101.03 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5

Page 271

Block Group: 6 Block: 702, 715, 716, 802, 803, 805, 806, 807, 808, 809, 810, 811, 812, 815, 816, 817, 818, 819, 820, 821, 822 Tract: 0102.01 District No. 46 FULTON Tract: 0004. Block: 102, 103, 104, 105, 106 Block Group: 2 Block Group: 3 Tract: 0005. Block Group: 1 Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Block Group: 3 Tract: 0090. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305A, 306, 307, 308, 309, 310, 311, 312, 313, 315, 316 Tract: 0091. Block: 101, 104, 105, 106, 107, 108, 109 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0095. Tract: 0096. Block Group: 1 Block Group: 2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0100. Tract: 0101.01 Block: 115, 116, 117, 118, 119, 120A, 120B, 126 District No. 47 FULTON Tract: 0001. Tract: 0002. Tract: 0004. Block: 101, 199 Tract: 0005.

Page 272

Block: 201, 207 Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0014. Tract: 0015. Tract: 0091. Block: 102, 103 Tract: 0092. Tract: 0093. Tract: 0094.01 Tract: 0094.02 Tract: 0096. Block: 303 District No. 48 FULTON Tract: 0010.95 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0019. Tract: 0020. Tract: 0021. Tract: 0022. Block: 102, 103, 104, 110, 111, 206, 208, 209 Block Group: 3 Block: 401, 402, 403, 404A, 405, 406 Tract: 0027. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139 Block Group: 2 Tract: 0035. Block: 107, 114, 119, 122, 123, 124, 125, 127, 128, 129, 130, 131A, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 Block Group: 2 Tract: 0043. Block Group: 1 Block 202, 203 Tract: 0044. Tract: 0046.95 Tract: 0049.95 Block Group: 1

Page 273

Block Group: 2 Block Group: 3 Block: 601, 609, 613 Tract: 0053. Block: 401 Tract: 0055.01 Tract: 0055.02 Tract: 0056. Tract: 0057. Tract: 0058. Tract: 0063. Tract: 0065. Tract: 0067. Block Group: 2 Block Group: 3 Block: 405, 409B, 410, 501, 502, 503, 504, 505, 506, 507, 605, 606, 607, 608, 609, 610, 611 Block Group: 7 District No. 49 FULTON Tract: 0006. Tract: 0007. Tract: 0008. Tract: 0010.95 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0022. Block: 101, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 207, 404B Block Group: 5 Tract: 0023. Tract: 0024. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207 Block Group: 3 Tract: 0025. Tract: 0026. Tract: 0036. Tract: 0037. Tract: 0038. Tract: 0039. Tract: 0040. Block: 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Tract: 0042.95

Page 274

Tract: 0043. Block: 201, 204, 205, 206 Block Group: 3 Tract: 0060. Block Group: 1 Block Group: 2 Block: 301, 302 Tract: 0062. Block Group: 1 Block: 201 Tract: 0088. Block: 127, 128 Tract: 0089. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 299B, 401, 402, 403, 404, 408 District No. 50 FULTON Tract: 0024. Block: 208 Block Group: 4 Block Group: 5 Tract: 0040. Block Group: 1 Block: 202, 208, 214 Block Group: 3 Block Group: 4 Tract: 0081.02 Block Group: 1 Block: 205, 206, 225, 226 Tract: 0082.01 Block: 201, 202, 203, 204, 205, 206, 207, 208, 210, 213, 214, 216, 217, 218, 220, 225, 226, 227, 231, 233 Tract: 0083.01 Tract: 0083.02 Tract: 0084. Tract: 0085. Tract: 0086.01 Block: 302, 303, 304, 305, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Block Group: 5 Tract: 0087.01 Block: 101, 114 Block Group: 3 Tract: 0088. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,

Page 275

123, 124, 125, 126, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 216, 299 Tract: 0089. Block: 212, 213, 214, 217, 218, 299A Block Group: 3 Block: 405, 406, 407, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Block Group: 5 Block Group: 6 Tract: 0090. Block: 305B Tract: 0097. Block: 311 District No. 51 COBB Tract: 0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 399A, 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 Tract: 0313.02 Block: 110, 112, 113, 114, 115, 116, 118, 199A, 201, 402, 403, 404A, 404B, 405A, 406, 408B, 409, 410, 411, 499 Block Group: 5 Block Group: 9 FULTON Tract: 0078.04 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 137 Tract: 0081.02 Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 227 Tract: 0082.01 Block Group: 1 Block: 209, 211, 212, 215, 219, 221, 222, 223, 224, 228, 229, 232 Tract: 0082.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 402A, 402B, 403A, 404, 499A Tract: 0086.01 Block Group: 1 Block Group: 2 Block: 301, 306, 307, 308, 309, 310, 311, 312, 313, 402, 403, 415, 416

Page 276

Tract: 0086.02 Tract: 0087.01 Block: 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Tract: 0088. Block: 211, 212, 213, 214 Block Group: 3 Block Group: 4 District No. 52 FULTON Tract: 0077.01 Block: 501B, 502, 503B, 504B, 508 Tract: 0077.02 Block: 401B, 401C, 402B, 403B, 413, 499G, 499H Tract: 0078.02 Block: 101A, 101B, 102A, 102B, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109, 110, 114, 115, 116, 117B, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 120, 121, 122, 123, 124B, 125, 126, 127, 128, 129B, 199A, 199B, 199C, 199D, 199E, 199F Block Group: 2 Block Group: 3 Tract: 0078.03 Tract: 0078.04 Block: 111, 113, 114, 116, 117, 127, 128, 131, 132, 133, 134, 135, 141, 142, 143 Tract: 0079. Block: 101, 102, 106, 109, 110, 111, 112, 113, 114, 115, 203, 205, 207, 208, 209, 210, 211, 213, 214, 215, 216, 217, 299 Block Group: 3 Tract: 0082.02 Block: 401B, 402C, 403B, 499B Tract: 0103.01 Tract: 0103.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501C, 501E, 501F, 501G, 502, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517B, 518, 519, 520, 521, 522, 599A, 599B, 599C, 599D, 599E, 599F, 599G Tract: 0104. Block: 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,

Page 277

134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 166, 167, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M, 199N, 199P, 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, 233, 248, 299F, 299G, 299H, 299J, 299K, 299L Block Group: 3 Block: 403, 499D Tract: 0105.06 Block: 401, 402, 403C, 405, 406C, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 431, 432, 433, 499 District No. 53 FULTON Tract: 0076.01 Block: 202, 204, 205, 207, 209, 210, 212, 213, 214 Tract: 0076.02 Block: 204, 205, 206, 207, 208 Block Group: 3 Tract: 0077.02 Block Group: 1 Block: 201, 202, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 299, 301, 302, 303, 304, 314, 315, 316, 317, 319, 320, 321, 322, 323, 325A, 325B, 326, 327, 330, 399A, 399B, 401A, 402A, 403A, 404, 405, 406, 407, 408, 409, 499A, 499B, 499C, 499D, 499E, 499F Tract: 0080. Block: 401, 402, 404B, 405, 406, 407, 408, 409, 410, 501, 502, 503, 504, 505, 506B, 507, 508, 509 Tract: 0103.02 Block: 501A, 501B, 501D, 503, 517A Tract: 0105.03 Block: 101A, 108A, 199, 311A, 901A, 901B, 902, 903, 904A, 904B, 904C, 904D, 905A, 905C, 906B, 999 Tract: 0105.05 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 407, 408 Block Group: 9 Tract: 0105.06 Block: 101, 102, 103, 199, 199 Tract: 0106.02

Page 278

Block: 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 242, 243 Block Group: 3 Block Group: 4 Tract: 0113.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 113, 116, 119, 209, 301, 302, 504, 505, 506, 507, 508, 510, 511 Block Group: 6 Tract: 0113.02 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313A, 314, 315, 316A, 316B, 317, 399, 401, 402, 403, 404, 405, 408A, 408B, 414, 415, 416, 418, 419, 420, 422, 424, 425, 426, 427, 428A, 428B, 429A, 429B, 430, 431A, 431B, 432A, 432B, 434, 435, 436, 437, 438, 499, 509, 510 District No. 54 FULTON Tract: 0060. Block: 303, 304, 305, 306, 307, 308, 309, 310, 311 Block Group: 4 Tract: 0061. Tract: 0062. Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211 Block Group: 3 Tract: 0066.01 Tract: 0066.02 Tract: 0075. Block: 101, 102, 103, 104, 105, 106, 111, 302, 303, 304, 305, 306, 307, 308, 309A, 310A, 311A Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507 Tract: 0076.01 Block Group: 1 Block: 201, 211 Block Group: 9 Tract: 0076.02 Block Group: 1 Block: 201, 202, 203 Tract: 0077.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 503A, 504A, 505, 506, 507, 599 Tract: 0077.02 Block: 203, 208, 209, 210, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 331, 399C

Page 279

Tract: 0078.02 Block: 117A, 124A, 129A Tract: 0079. Block: 103, 104, 105, 107, 108, 116, 201, 202, 212 Tract: 0080. Block Group: 1 Block Group: 2 Block Group: 3 Block: 403, 404A, 506A, 510 Block Group: 6 Tract: 0081.01 District No. 55 FULTON Tract: 0074. Block: 211B, 212B Tract: 0075. Block: 203B, 204B, 210B, 211B, 309B, 310B, 311B, 508 Tract: 0106.01 Tract: 0106.02 Block Group: 1 Block: 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 226, 229, 231, 232, 233, 234, 239, 299A, 299B, 299C Tract: 0107. Tract: 0108. Block: 601A, 620A, 622A, 623, 625, 631, 632, 633, 634, 715A, 715B, 716A Tract: 0109. Tract: 0110. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0111. Tract: 0112.01 Tract: 0112.02 Tract: 0113.01 Block: 110, 112, 118, 202, 203, 204, 205, 206, 208, 210, 211, 303, 304, 305, 306, 307, 308, 309, 310, 311 Block Group: 4 Block: 501, 502, 503, 599 Tract: 0113.02 Block Group: 1

Page 280

Block Group: 2 Block: 313B, 406, 407, 409, 410, 411, 412, 413, 417, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 514, 517, 519, 520, 521, 522, 523, 524, 525, 528 District No. 56 FULTON Tract: 0016. Tract: 0017. Tract: 0018. Tract: 0027. Block: 118 Tract: 0028. Tract: 0029. Tract: 0030. Tract: 0031. Tract: 0032. Tract: 0033. Tract: 0035. Block: 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 120, 121, 126, 131B Tract: 0048. Tract: 0049.95 Block Group: 4 Block Group: 5 Block 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0050. Tract: 0052. Tract: 0053. Block Group: 1 Block Group: 2 Block Group: 3 Block: 402, 203, 404, 405, 406, 407, 408, 409, 410, 411 Block Group: 5 Tract: 0064. Tract: 0067. Block Group: 1 Block: 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0068.01 Tract: 0069. Tract: 0070. Block: 104, 105 District No. 57 FULTON Tract: 0067. Block: 508, 509, 510, 511, 512, 599, 601, 602, 603, 604, 614, 615, 616

Page 281

Tract: 0068.02 Tract: 0070. Block: 101, 102, 103, 106, 109 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0071. Tract: 0072. Tract: 0073. Tract: 0074. Block Group: 1 Block: 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block: 107, 108, 109, 110, 112, 113, 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0108. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601B, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 613, 614, 615, 616A, 616B, 616C, 617, 618, 619A, 619B, 620B, 621, 622B, 624, 626, 627, 628A, 628B, 629, 630, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715C, 716B, 717, 718, 719, 720, 721, 722 Block Group: 8 Tract: 0110. Block: 114B District No. 58 FULTON Tract: 0104. Block: 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 168, 199A, 199B, 201A, 201B, 201C, 202, 203, 204, 231, 232, 234, 235A, 235B, 236A, 236B, 237A, 237B, 238, 239, 240A, 240B, 241, 242, 243A, 243B, 243C, 244, 245, 246, 247, 299A, 299B, 299C, 299D, 299E, 401, 402, 404, 405, 406, 407A, 407B, 407C, 407D, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 412C, 413, 414, 415A, 415B, 416A, 416B, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 428, 429A, 429B, 430, 431A, 431B, 432A, 432B, 433A, 433B, 433C, 434A, 434B, 435, 436A,

Page 282

436B, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 499A, 499B, 499C, 499E, 499F, 499G, 499H, 499J, 499K Block Group: 5 Tract: 0105.03 Block: 101B, 102, 103, 104, 105, 106, 108B, 108C, 108D, 109, 110, 114, 115, 116, 117, 118, 120, 121, 122, 123 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 312, 313, 314, 315, 399, 399, 905B, 906A, 906C Tract: 0105.04 Tract: 0105.05 Block: 405A, 405B, 406 Block Group: 5 Block Group: 6 Tract: 0105.06 Block: 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 199 Block Group: 2 Block Group: 3 Block: 403A, 403B, 403D, 404, 406A, 406B, 406D, 406E, 406F, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 419, 420, 429, 430, 434, 435, 436A, 436B, 437, 438, 439A, 439B, 439C, 440, 441, 442A, 442B, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 457B, 457C, 458 Block Group: 6 Block Group: 7 Block Group: 8 Block Group: 9 District No. 59 DEKALB Tract: 0212.05 Block Group: 1 Block: 201, 204, 506, 507, 508, 509 Tract: 0212.10 Tract: 0212.11 Tract: 0212.12 Block: 201, 202, 203, 212, 213, 214, 215, 216, 217, 220, 221 Tract: 0213.03 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 203B, 206A, 206B, 207A, 221, 222, 223 Tract: 0213.04 Block: 101B, 101C, 114, 115, 117A, 117B, 117C, 203, 204, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C, 399 Tract: 0217.02

Page 283

Block Group: 1 Block Group: 4 Tract: 0218.08 Tract: 0218.98 District No. 60 DEKALB Tract: 0211. Tract: 0212.02 Tract: 0212.05 Block: 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 510 Tract: 0212.07 Tract: 0212.08 Block Group: 1 Block Group: 2 Block: 301, 302A, 302B, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 316, 317, 318 Tract: 0212.09 Tract: 0212.12 Block: 204, 205, 206, 207, 208, 209, 210, 211, 218, 219, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233 Tract: 0213.01 Block: 101B, 102, 103, 104, 105A, 105B, 106, 123, 124 Tract: 0213.04 Block: 105C, 106B, 228B, 229, 230, 232, 233B District No. 61 DEKALB Tract: 0214.01 Tract: 0214.02 Tract: 0214.03 Block: 108, 109, 117B, 118B, 120B, 121B, 122, 123 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307B, 308B, 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 Tract: 0215. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 120, 121, 122, 123, 124, 125, 126, 131, 199 Block Group: 2 Tract: 0216.01 Block: 301, 302, 303, 304, 310, 312, 313, 314, 315, 317, 318, 319, 320, 399

Page 284

Block Group: 4 Tract: 0216.03 District No. 62 DEKALB Tract: 0212.04 Tract: 0212.08 Block: 315B Tract: 0213.01 Block: 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.02 Tract: 0213.03 Block: 101B, 109, 110, 111, 112, 113A, 113B, 114, 201A, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 224 Tract: 0213.04 Block: 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B Tract: 0214.03 Block: 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 116, 117A, 118A, 119, 120A, 121A, 307A, 308A Tract: 0214.04 Tract: 0216.01 Block Group: 1 Block Group: 2 Block: 305, 306, 307, 308, 309, 311, 316 Tract: 0217.02 Block Group: 2 Block Group: 3 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0217.03 Block: 420 District No. 63 DEKALB Tract: 0215. Block: 113 Tract: 0216.02 Tract: 0217.03 Block Group: 1 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 426, 499

Page 285

Tract: 0217.04 Tract: 0218.05 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract: 0218.06 Block: 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307 Tract: 0218.09 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 5 Tract: 0218.10 Tract: 0220.01 Block Group: 1 Block: 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 421, 422, 423, 425 Tract: 0223.01 Block Group: 1 Block: 201, 202, 203, 204, 208, 209, 210, 211, 212, 406, 407, 408, 409, 410, 411, 501, 502A, 503, 504, 505 Tract: 0223.02 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 District No. 64 DEKALB Tract: 0218.05 Block: 210, 229 Block Group: 4 Tract: 0218.06 Block: 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 129, 130, 131, 137, 138, 139, 199, 301, 302, 303, 304, 305, 308, 399 Tract: 0218.09 Block Group: 4 Tract: 0219.02 Tract: 0219.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 199, 199, 199, 199, 199, 199, 199, 201C, 206B, 208B, 208C, 209B, 211B, 213B, 214B, 215B, 220, 229B, 229C, 232B, 247, 325C, 325D, 327B, 328B, 329B, 334, 335, 336B, 337B, 338, 339B, 339C, 339D, 339E, 340B, 340C, 341B, 341C, 344, 345, 346, 347, 348

Page 286

Tract: 0219.04 Tract: 0219.05 Block Group: 1 Tract: 0220.04 Block Group: 1 Block: 201, 202A Tract: 0233.05 Tract: 0233.06 Block Group: 3 Block: 402, 407, 408 District No. 65 DEKALB Tract: 0219.03 Block: 118, 119A, 119B, 120A, 139A, 201A, 201B, 202, 203, 204, 205, 206A, 207, 208A, 209A, 210, 211A, 212, 213A, 214A, 215A, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 232A, 234, 235, 238, 239, 240, 241, 242, 243, 246, 299, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327A, 328A, 329A, 330, 331, 332, 333, 336A, 337A, 339A, 339F, 340A, 341A, 342A, 342B, 343A, 343B, 349A, 349B, 351, 353 Tract: 0219.05 Block Group: 2 Block Group: 4 Block Group: 5 Block Group: 9 Tract: 0220.02 Block: 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B Tract: 0220.04 Block: 202B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 299 Tract: 0220.05 Block: 301, 302 Block Group: 4 Tract: 0232.04 Tract: 0232.05 Tract: 0233.06 Block: 401, 403, 404, 405, 406, 499 District No. 66 DEKALB Tract: 0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract: 0220.02

Page 287

Block: 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 210, 211, 212, 213, 214A, 214B, 214C, 214D, 214E, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 233, 234, 235, 236, 240 Block Group: 3 Block: 401A, 401B, 402, 403A, 403B, 404, 405A, 410A, 411A, 412A, 413, 414, 415, 416, 417, 418, 419, 426, 499A, 499B Tract: 0220.05 Block: 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 Tract: 0221. Tract: 0222. Block Group: 1 Block Group: 2 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 601 Tract: 0223.02 Block: 310 Tract: 0231.05 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group: 5 Tract: 0231.06 Block: 101, 102, 103, 104 Block Group: 4 Block Group: 6 District No. 67 DEKALB Tract: 0201. Tract: 0202. Tract: 0203. Tract: 0204. Tract: 0206. Block: 101 Tract: 0207. Block: 214A Tract: 0215. Block: 114, 115, 116, 117, 118, 119, 127, 128, 129, 130, 132, 133 Tract: 0222. Block Group: 3 Block Group: 4 Block: 518, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 610B, 611, 612, 613, 614

Page 288

Tract: 0223.01 Block: 205, 206, 207, 213A, 213B Block Group: 3 Block: 401, 402, 403, 404, 405, 502B, 502C, 506, 508, 509, 510, 511, 512 Block Group: 6 Tract: 0224.01 Tract: 0224.02 Tract: 0224.03 Tract: 0225. Block Group: 1 Block Group: 2 Block Group: 3 Block: 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 612B, 613, 614 Block Group: 7 Tract: 0226. Tract: 0229. Block: 101 Tract: 0230. Block Group: 1 Block: 201, 202, 203, 204, 205A, 206, 207, 208, 210A, 299 Tract: 0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A, 114B, 115A, 116A, 199 Tract: 0231.05 Block: 405A, 409, 410 District No. 68 DEKALB Tract: 0205. Tract: 0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group: 2 Block Group: 3 Tract: 0207. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 Tract: 0208. Block: 201, 202, 203, 204, 205, 214, 215, 501, 502, 503, 504, 505, 506, 508, 509, 510, 512, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 Block Group: 6 Block Group: 7 Tract: 0209.

Page 289

Tract: 0225. Block Group: 4 Block: 502, 503, 507, 508, 509, 510, 513, 603, 607 Tract: 0227. Tract: 0237. District No. 69 DEKALB Tract: 0208. Block Group: 1 Block: 206, 207, 208, 209, 210, 211, 212, 213 Block Group: 3 Block Group: 4 Block: 513 Tract: 0228. Tract: 0229. Block: 102, 103, 109 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0230. Block: 205B, 205C, 209, 210B Tract: 0231.01 Tract: 0231.02 Block: 105B, 110B, 113B, 114C, 115B, 116B Block Group: 2 Block Group: 3 Tract: 0231.03 Block: 301, 302, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 406, 407, 408 Tract: 0234.08 Block: 303, 304, 305 Tract: 0235.01 Tract: 0235.02 Tract: 0236. Block: 101, 103, 104, 105, 106, 205, 206, 207, 208, 209, 210, 211 District No. 70 DEKALB Tract: 0231.03 Block Group: 1 Block Group: 2 Block: 303, 304, 305, 306, 307, 319, 320, 321, 322, 323, 324, 404, 405, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 424, 425, 426

Page 290

Block Group: 5 Tract: 0231.06 Block: 105 Block Group: 2 Block Group: 3 Block Group: 5 Tract: 0232.06 Tract: 0232.07 Block: 108A, 108B, 109, 110, 111, 112, 113, 120, 121, 122 Tract: 0234.08 Block: 103, 301, 302, 801, 802, 803, 804, 812 Tract: 0235.03 District No. 71 DEKALB Tract: 0232.03 Tract: 0232.07 Block: 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 123 Block Group: 5 Tract: 0233.06 Block: 507, 508, 509A Tract: 0233.07 Tract: 0233.08 Block Group: 2 Block Group: 5 Tract: 0234.07 Block: 201B, 205, 209, 212, 213, 214, 215, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 230, 231, 232, 233, 299A, 299E, 299F Block Group: 5 District No. 72 DEKALB Tract: 0234.03 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 901, 902, 925, 926 Tract: 0234.04 Block: 108, 115, 116, 117, 118, 120, 121, 122, 202, 203, 204, 209, 299A, 299B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 325, 326, 327, 328, 329, 330, 399 Block Group: 4 Block: 505 Tract: 0236. Block: 107, 108, 109, 110, 201, 202, 203, 204, 299 Block Group: 3

Page 291

Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0238.01 Tract: 0238.02 Tract: 0238.03 District No. 73 DEKALB Tract: 0234.03 Block: 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 920, 921, 923, 924, 999, 999 Tract: 0234.04 Block: 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 132, 133, 140, 201, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 299C, 301, 302, 303, 501, 502, 503, 504, 506, 507, 599 Block Group: 9 Tract: 0234.05 Tract: 0234.08 Block: 101, 102, 104, 105, 106, 107, 108, 109, 110, 111 Block Group: 2 Block: 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 399 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block: 805, 806, 807, 808, 809, 810, 811, 813, 814, 815, 816, 817, 818, 819, 820 Block Group: 9 Tract: 0234.09 Tract: 0239.98 District No. 74 ROCKDALE Tract: 0601. Block Group: 2 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 499

Page 292

Tract: 0602. Block: 305, 313, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 399, 406, 407, 410, 411, 412, 413, 503, 504, 505, 506, 507, 508, 509, 510, 511, 599 Block Group: 6 Block: 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 799 Tract: 0603.02 Block Group: 2 Block: 310B, 302, 303, 304, 305C, 305D, 306, 307, 308, 309 Block Group: 4 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611B, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 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, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 699A, 699B, 699C Tract: 0603.04 Block: 611B, 614B, 614D, 615A, 615B, 616B, 617B, 701C, 702B, 703, 704, 705B, 706, 707, 708, 799 Tract: 0604.01 Tract: 0604.02 District No. 75 DEKALB Tract: 0233.02 Tract: 0233.03 Tract: 0233.06 Block: 501, 502, 503, 504, 505, 506, 509B, 510, 511 Tract: 0233.08 Block Group: 6 Tract: 0234.07 Block Group: 1 Block: 201A, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 225, 234, 235, 299B, 299C, 299D Block Group: 3 Block Group: 4 ROCKDALE Tract: 0601. Block Group: 3 Block: 423, 424 Block Group: 6 Block Group: 7 Tract: 0602. Block Group: 1 Block Group: 2

Page 293

Block: 301, 302, 303, 304, 306, 307, 308, 309, 310, 311, 312, 314, 320, 321, 401, 402, 403, 404, 405, 408, 409, 501, 502, 701A Tract: 0603.02 Block: 301A, 305A, 305B, 399A, 399B, 611A Tract: 0603.03 Tract: 0603.04 Block Group: 1 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601A, 601B, 602, 603, 604, 605, 606, 607A, 607B, 608, 609A, 609B, 610, 611A, 612, 613, 614A, 614C, 616A, 617A, 617C, 618, 619, 620, 699, 701A, 701B, 702A, 705A District No. 76 GWINNETT Tract: 0504.14 Tract: 0504.15 Tract: 0504.16 Tract: 0507.06 Block: 299 Tract: 0507.07 Block Group: 4 Tract: 0507.08 District No. 77 GWINNETT Tract: 0504.03 Block Group: 1 Block Group: 2 Block: 905, 906, 907, 908, 909, 910, 957 Tract: 0504.09 Block Group: 1 Tract: 0504.10 Block Group: 1 Block Group: 2 Block Group: 3 Block: 402, 403, 499 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0504.11 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403A, 403B, 404A, 404B, 405, 407A, 407B, 408, 409, 499

Page 294

Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0504.12 Tract: 0504.13 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block: 901, 902, 903, 904, 999 District No. 78 GWINNETT Tract: 0504.03 Block Group: 3 Block Group: 4 Block Group: 5 Block: 901, 902, 903, 904, 911, 912, 931, 932, 950, 951, 955, 956, 999 Tract: 0504.06 Block Group: 1 Block: 201B, 202, 203, 204, 205 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0504.07 Tract: 0504.08 Tract: 0508.98 District No. 79 GWINNETT Tract: 0503.04 Tract: 0503.05 Tract: 0503.06 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block: 902

Page 295

Tract: 0503.07 Tract: 0503.08 Block: 102, 103 Block Group: 2 Block Group: 3 Block: 401, 402, 404, 405, 406, 407, 499 Tract: 0503.10 Block Group: 1 Block Group: 2 Block Group: 3 Block 403, 404, 405, 406, 407, 408, 409, 410, 499A Tract: 0503.12 Tract: 0504.06 Block: 201A District No. 80 GWINNETT Tract: 0502.03 Tract: 0502.04 Block: 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 199A, 199B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 7 Block Group: 8 Block Group: 9 Tract: 0503.06 Block: 901 Tract: 0503.08 Block: 101, 403 Tract: 0503.09 Tract: 0503.10 Block: 401, 402, 411A, 411B, 499B, 499C Tract: 0503.11 Tract: 0503.13 Block: 101, 102 Block Group: 2 Tract: 0505.02 Block: 101A, 101B, 101C, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138, 199 Tract: 0505.03 Block: 212C, 215B, 216, 299

Page 296

District No. 81 GWINNETT Tract: 0503.13 Block: 103A, 103B, 103C, 103D, 104, 105, 106, 107, 108, 109 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0503.14 Tract: 0504.09 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0504.10 Block: 401 Tract: 0504.11 Block: 406 Tract: 0505.06 Tract: 0505.07 Block: 102B, 103, 104, 203, 304, 305, 399 District No. 82 GWINNETT Tract: 0505.02 Block: 102, 105, 106, 117, 134A, 134B Tract: 0505.03 Block: 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 199A, 199B, 199C, 199D, 199E, 199F, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 215A, 215C, 217A, 217B, 217C, 217D, 218, 219A, 219B, 219C, 220A, 220B, 221A, 221B, 221C, 221D, 222, 223, 224, 225A, 225B Tract: 0505.05 Tract: 0505.07

Page 297

Block: 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311 Block Group: 7 Tract: 0505.08 Block Group: 2 Block Group: 4 Tract: 0505.09 Block Group: 2 Tract: 0506.01 Block: 164 Tract: 0506.02 Block: 333, 334, 335, 345, 346, 347 District No. 83 GWINNETT Tract: 0504.13 Block: 999, 999 Tract: 0507.06 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 299 Tract: 0507.07 Block Group: 3 Tract: 0507.10 Tract: 0507.11 District No. 84 GWINNETT Tract: 0505.08 Block Group: 1 Block Group: 3 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0505.09 Block Group: 1 Block Group: 3 Block: 402, 403 Block Group: 5 Block Group: 6 Tract: 0507.04 Tract: 0507.05 Block: 102A, 102B, 103, 104A, 104B, 112, 113, 114, 115, 116, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A,

Page 298

139B, 140A, 140B, 140C, 141A, 141B, 141C, 149, 160A, 160B, 160C, 161A, 161B, 162A, 162B, 163, 199, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 Tract: 0507.09 WALTON Tract: 1105. Block: 112A, 113A, 113B, 128A, 129A, 130, 131, 132, 135A, 136, 137, 138, 139, 140, 141A, 141B, 176A, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 181C, 182, 183A, 199A, 199C, 203A, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 232, 233, 234, 235, 237, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258C, 259, 314, 315, 317, 319, 320, 321, 322, 325, 342, 344, 345, 502 District No. 85 FORSYTH Tract: 1305. Block: 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 484, 486, 497, 499D, 499E Tract: 1306. Block: 101, 102, 103, 104, 105, 106, 107, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 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, 299 GWINNETT Tract: 0501.01 Tract: 0501.02 Tract: 0502.02 Tract: 0502.04 Block: 101, 102, 103, 104 Block Group: 5 Block Group: 6 Tract: 0505.03 Block: 116A, 116B Tract: 0506.01 Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114,

Page 299

115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 148C, 148D, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 199A, 199C, 199D, 199E, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 253, 254, 299 District No. 86 BARROW GWINNETT Tract: 0505.09 Block: 401, 404, 405, 406, 407 Tract: 0506.02 Block: 401, 402, 403, 404A, 404B, 405, 406, 407, 408, 409, 410A, 410B, 410C, 411A, 411B, 411C, 411D, 412, 413, 414A, 414B, 429, 430, 431, 432, 433, 434, 435, 436A, 436B, 436C, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457 Block Group: 5 Tract: 0507.05 Block: 101, 105, 106, 107, 108, 109, 110, 111, 117, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203 District No. 87 WALTON Tract: 1101. Tract: 1102. Tract: 1103. Tract: 1104. Tract: 1105. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129B, 133, 134, 135B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 165C, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174A, 174B, 175, 176B, 183B, 183C, 184, 199B, 201, 202, 203B, 205D, 228B, 229, 230, 231, 236, 238, 258B, 299, 299, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316, 318, 323, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 343, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365

Page 300

Block Group: 4 Block: 501, 503, 504, 505, 599 Tract: 1106. Tract: 1107. Tract: 1108. District No. 88 CLARKE Tract: 0004. Block: 203B, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0005. Block: 105 Tract: 0008. Block Group: 1 Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013.02 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329 Tract: 0013.98 Block: 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0015.01 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0015.02 Block: 214, 215, 216 Block Group: 3 Block Group: 4 Tract: 0016.98 District No. 89 CLARKE Tract: 0001. Tract: 0002. Tract: 0003.

Page 301

Block: 101, 102A, 102B, 102C, 103A, 103B, 104, 105, 106A, 106B, 108, 109, 112, 113, 114A, 114B, 115A, 115B, 117A, 117B, 119, 120, 121, 122, 123, 124, 125 Block Group: 2 Block Group: 3 Tract: 0004. Block Group: 1 Block: 201, 202, 203A, 204, 205, 206, 207, 208 Tract: 0005. Block: 101, 102, 103, 104 Tract: 0006. Tract: 0007. Tract: 0008. Block Group: 2 Tract: 0009. Tract: 0013.02 Block: 330 Tract: 0013.98 Block: 101, 102, 103, 104, 106, 201, 202 Tract: 0014.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 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, 145, 146, 199 Block Group: 2 Tract: 0014.02 Block: 217, 218, 219, 299, 401, 402, 403, 405, 411, 413, 418A, 419A, 420, 701, 702, 703, 704, 705, 706A, 706B, 706C, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A, 719B, 723A District No. 99 ELBERT LINCOLN WILKES District No. 91 MORGAN NEWTON Tract: 1002. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 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, 241, 242, 243, 244, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 257, 258, 259, 260A, 260B, 261A, 261B, 261C, 262A, 262B, 263A, 263B, 264A, 264B, 265A, 265B, 265C,

Page 302

266, 267, 268A, 268B, 269, 270, 271A, 271B, 272, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M, 299N, 299P, 299R, 301A, 301B, 302A, 302B, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324A, 324B, 324C, 325, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 359, 360, 399A, 399B, 401, 402, 403, 404, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 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, 499A, 499B, 499C, 499D, 499E, 499F, 499G, 499H Tract: 1008. Block: 113, 114, 115, 117A, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H OCONEE District No. 92 NEWTON Tract: 1001. Tract: 1002. Block: 232, 233, 234, 235, 236, 237, 238, 239, 240, 253, 254, 255, 256, 299T, 299U, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 399C, 430, 431, 432, 433, 499J Tract: 1003. Tract: 1004. Tract: 1005. Tract: 1006. Tract: 1007. Tract: 1008. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 116, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 199J, 199K, 199L, 199M, 199N, 199P, 199R Tract: 1009.

Page 303

District No. 93 CLAYTON Tract: 0401. Tract: 0402. Block Group: 1 Block Group: 2 Block: That part of Block 909 which lies south of the Georgia Power Transmission Line, 919, 920 Tract: 0404.05 Block: That part of Blocks 106 and 107 which lies south of the Georgia Power Transmission Line, 108, 206, 207, 227 Tract: 0405.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 120, That part of Block 123 lying north of an unnamed creek, 301B, 315, 316 Block Group: 4 Tract: 0405.04 Tract: 0405.05 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 That part of Block 601B which lies north of Camp Creek. District No. 94 CLAYTON Tract: 0402. Block: 901, 902, 903, 904, 905, 906, 907, 908A, 908B, That part of Block 909 which lies north of the Georgia Power Transmission Line, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933 Tract: 0403.01 Tract: 0403.02 Tract: 0403.03 Tract: 0403.04 Tract: 0403.05 Tract: 0404.01 Block: 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 330, 331, 332, 333, 334, 335, 336, 337, 401, 402, 403, 404, 405, 417A, 417B, 418A, 418B, 420, 421, 506, 507A, 509, 510A, 511, 512, 513, 515A, 515B, 515C Tract: 0404.02 Block Group: 1 Block Group: 2 Block Group: 8 Block: That part of Block 904 which lies west of Tanners Church Road, 905, 906, 907, 910, 912, 925A, 925B, 925C

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Tract: 0404.03 Block: 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 215, 219, 225 Tract: 0404.05 Block: 101, 102, 103, 104, 105, That part of Blocks 106 and 107 which lies north of the Georgia Power Transmission Line, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129, 199 Tract: 0404.06 Block Group: 1 District No. 95 CLAYTON Tract: 0404.01 Block Group: 1 Block Group: 2 Block: 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 323A, 323B, 323C, 338, 419A, 419B, 422A, 422B, 501A, 501B, 501C, 502A, 502B, 502C, 503A, 503B, 503C, 504A, 504B, 504C, 505A, 505B, 507B, 508, 510B, 514A, 514B, 599A, 599B Block Group: 6 Block Group: 7 Tract: 0404.02 Block Group: 3 Block Group: 4 Block Group: 5 Block: 901, 902, 903, That part of Block 904 which lies east of Tanners Church Road, 908, 909, 911, 913A, 913B, 914A, 914B, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 926A, 926B, 926C, 927, 928, 929, 930, 938, 939, 940, 941, 942, 943, 945, 946, 949, 950 Tract: 0404.03 Block Group: 1 Block: 201, 202, 206A, 206C, 211, 212A, 212B, 214A, 214B, 214C, 216, 217, 218, 220, 221A, 221B, 222, 223, 224, 226, 227, 228, 229 Block Group: 3 Block Group: 4 Tract: 0406.03 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, That part of Block 603B which lies east of the Jonesboro corporate limits, 604, 605, 606B, 607, 609, 699E, 699F, 699G

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Block Group: 7 Block Group: 9 Tract: 0406.04 Block: 301A, 301B, 302, 304, 319, 323, 324 Block Group: 4 Block: 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 529, 531A, 531B, 532, 533, 534, 543, 599 Tract: 0406.05 Block: 201, 202, 203A, 203B, That part of Block 205A which lies north of Wilburn Street extended to Rum Creek, 208, 226, 230, 231, 232, 236, 237, 238, 239, 240, 241, 243, 403, 404, 405, 406, 407, 411, 412, 413, 499G District No. 96 CLAYTON Tract: 0404.05 Block: 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228 Block Group: 3 Tract: 0404.06 Block Group: 2 Block Group: 9 Tract: 0405.03 Block: 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 121, 122, That part of Block 123 which lies south of an unnamed creek, 125, 126, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314A, 314B, 317 Tract: 0405.05 Block Group: 6, except that part of Block 601B lying south of Camp Creek. Tract: 0405.06 Tract: 0405.07 Block: 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Block Group: 3 Tract: 0405.08 Block: That part of Block 501 which lies north of an unnamed creek that runs from Dixboro Drive to the Flint River, 517, 518, 519, 520, 521, 522, 523, 524 Tract: 0406.04 Block: 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 522, 523, 524, 525, 528, 535, 536, 537, 538, 539, 540, 541, 542 Block Group: 6

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Tract: 0406.07 Block: 109 District No. 97 CLAYTON Tract: 0405.07 Block: 105A Block Group: 2 Tract: 0405.08 Block Group: 4 Block: That part of Block 501 which lies south of an unnamed creek that runs from Dixboro Drive to the Flint River, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 0406.03 Block Group: 1 Block: 603A, That part of Block 603B which lies west of the Jonesboro corporate limits, 606A, 608, 610, 699A, 699B, 699C, 699D Tract: 0406.04 Block Group: 2 Block: 303, 305, 306, 307, 308A, 308B, 308E, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 338A, 338B, 341 Tract: 0406.05 Block: 204, That part of Block 205A which lies south of Wilburn Street extended to Rum Creek, 205B, 206A, 206B, 207A, 207B, 233, 235, 299 Block Group: 3 Block: 401, 402, 408, 409, 410, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 499A, 499B, 499C, 499D, 499E, 499F Block Group: 5 Tract: 0406.06 Tract: 0406.07 Block: 101, 102, 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 199 Block Group: 2 Block Group: 3 Tract: 0406.08 District No. 98 DOUGLAS Tract: 0801.98 Tract: 0802. Tract: 0803. Tract: 0804. Block: 110A, 122A Tract: 0805.03

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Block Group: 7 Tract: 0806.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210 Block Group: 3 Tract: 0806.02 Block: 101 Block Group: 2 Tract: 0807.97 Tract: 0807.98 Block Group: 2 Block: 413B, 413C, 414C, 415, 416, 417, 418, 419, 425 District No. 99 DOUGLAS Tract: 0804. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110B, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122B, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 199 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0805.01 Tract: 0805.03 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 8 Tract: 0805.04 Tract: 0806.01 Block: 211, 212, 213, 214, 299 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0806.02 Block: 102 Block Group: 3 Block Group: 4 Tract: 0807.98 Block: 404, 409B, 420B, 421B, 422, 424B, 499F

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District No. 100 CARROLL Tract: 9901. Tract: 9902. Tract: 9903. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 318, 319, 337, 338A, 338B, 338C, 339, 340A, 340B, 340C, 341A, 341B, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 363, 364, 399B, 399C Tract: 9905. Block: 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 110 Tract: 9906. Tract: 9907. Block: 116, 117, 118, 119, 120, 165, 166, 167, 168, 169, 181A, 183, 184, 196, 197, 199A, 199B, 199C, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 223, 225, 226, 227, 228, 229, 230, 231, 232, 236, 299A, 299C, 299D, 299E Block Group: 3 Block Group: 4 Block Group: 5 Block: 606, 607, 608, 609, 610A, 610B, 611, 612, 613, 614, 615, 616, 617, 618A, 618B, 619A, 619B, 619C, 620, 699A Tract: 9910. Block Group: 1 Block: 201, 202, 203, 204, 205A, 299A, 301, 302, 303, 304, 305, 306, 307, 308A, 309A, 310A, 311, 399 Tract: 9911. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 226, 227A, 227B, 228A, 229A, 230A, 230D, 230E, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A, 399 District No. 101 CARROLL Tract: 9903. Block: 310, 311, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 356, 357, 358,

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359, 360, 361, 362, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 399A Tract: 9904. Tract: 9905. Block: 101A, 101C, 104A, 105A, 108B, 109A, 109B, 111A, 111B, 111C, 111D, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128A, 128B, 128C, 129A, 129B, 130A, 130B, 130C, 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H, 131J, 132, 133, 134, 135, 136, 137A, 137B, 137C, 138, 139A, 139B, 139C, 139D, 140 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 9907. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181B, 182, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 199D, 199E, 199F, 199G, 199H, 221, 222, 224, 233, 234, 235, 237, 238, 299B, 601, 602, 603, 604, 605, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 699B, 699C, 699D, 699E, 699F Tract: 9908. Tract: 9909. Tract: 9910. Block: 205B, 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, 299B, 299C, 299D, 299E, 308B, 309B, 310B, 310C, 310D, 310E, 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 Tract: 9911. Block: 128, 225B, 228B, 229B, 230B, 230C, 231, 232, 233, 234, 299A, 299B, 311B, 314B, 317B, 317C Block Group: 4

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Block Group: 5 Tract: 9912. District No. 102 HARRIS MUSCOGEE Tract: 0101.03 Block Group: 1 Block: 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, 399 Tract: 0101.04 Block: 101, 102, 103, 104, 199C, 199D Tract: 0102.02 Block: 101, 104, 106, 111, 117, 119, 120, 121, 122, 147, 148, 150, 152, 199, 199, 199, 199, 301, 318 TROUP Tract: 9606. Block: 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 199A, 199B, 199C Tract: 9607. Block: 335, 336, 421, 422, 423, 424, 425, 499, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 599, 599, 599, 599 Tract: 9609. Block: 534, 535, 536, 537, 538, 539, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 599B, 599C Tract: 9610. Block: 101, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 138, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 199A, 199B, 243, 244, 245, 261A, 261B, 262, 263, 264, 265, 267, 268, 269, 270, 271, 272A, 272B, 273A, 273B, 273C, 274, 275A, 275B, 276A, 276B, 277A, 277B, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 292, 293, 299A, 299B Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9611.

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Block: 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 199 Block Group: 2 Tract: 9612.98 District No. 103 COWETA Tract: 1701. Block: 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 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, 167, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186A, 186B, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 199C, 199D, 199E, 199F, 199G Block Group: 2, except those parts of Blocks 256 and 258 which lie northeast of the Georgia Power Transmission Line. Block: 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, That part of Blocks 357, 358 and 359 which lies northeast of the Georgia Power Transmission Line, 360, 368, 369, 370, 371, 372, 373, 374, 382, 383, 384, 395, 396, 397, 399A, 399E, 399F, 399G, 399H, 399J, 399K Tract: 1702. Tract: 1703. Block: 165, 166, 167, 168B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 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, 262A, 262B, 263, 264, 265, 266, 267, 268, 269A, 269B, 270, 271, 272, 273, 274, 275, 299A, 299B, 299C, 299D, 308, 309, 310, 311, 317, 318, 319, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 340, 341, 342, 343, 344A, 344B, 344C, 345, 346, 347A, 347B, 348A, 348B, 348C, 349, 350, 351, 352, 353, 354, 355A, 355B, 356, 357A, 357B, 358A, 358B, 359, 360, 361A, 361B, 362A, 362B, 363, 364, 365, 366, 367, 368, 369, 370,

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371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381A, 381B, 399A, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417A, 417B, 417C, 418, 419, 420, 421, 422, 423, 424, 425, 426, 431, 432, 433, 434, 435, 436, 499A, 499D Block Group: 5 Tract: 1704. Block: 346, 349, 399L Tract: 1706. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 609A, 610A, 610B Tract: 1707. Block Group: 1 Block: 201A, 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, That part of Blocks 227, 230, 232 and 233 which lies northeast of the Georgia Power Transmission Line, 231, 234, 299A, 299B, 299C Block Group: 3 Block Group: 4 Block Group: 5 HEARD District No. 104 COWETA Tract: 1701. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 124, 125, 126, 164, 165, 166, 168, 197, 199A, 199B Tract: 1703. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 168A, 169, 170, 185, 186, 199, 199, 199, 199, 199, 199, 199, 199, 199, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 299E, 299F, 299G, 301, 302, 303, 304, 305, 306, 307, 313, 314, 315, 316, 320, 321, 322, 399B, 399C Tract: 1704. Block Group: 1 Block Group: 2

Page 313

Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 319, 320, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 338, 339, 340, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 399A, 399B, 399C, 399D, 399E Tract: 1705. Block: 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, 131A, 131B, 132, 133A, 133B, 134, 135, 136, 137, 138, 140A, 141, 142, 143, 144, 145A, 145B, 146A, 146B, 146C, 153A, 154, 155A, 156, 157, 158, 159, 160, 171, 172, 173, 174, 175, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H Tract: 1706. Block: 601, 602, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 664, 665, 666, 667A, 667B, 668, 669, 670, 671, 672, 673, 699A, 699B, 699C FAYETTE Tract: 1401.01, except that part of Block 210C outside the corporate limits of Fayetteville as of January 1, 1994. Tract: 1401.02 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, That part of Block 224B outside the corporate limits of Fayetteville as of January 1, 1994, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299A, 299B, 299C, 299D, 299E Block Group: 3 Tract: 1402.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326, 327B, 399 Block Group: 4 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 399, 399, 401, 402, 403B, 403C, 406, 407, 499B, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B, 599B Tract: 1404.01 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 211B, 211C, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 299B, 299C Block Group: 5 Tract: 1404.02 Block: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109A, That part of Block 109B lying outside the corporate

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limits of Fayetteville as of January 1, 1994, 110, 111A, 111B, 112, 113A, 113B, 114, 115, 116, 117, 118A, 118B, 118C, 118D, 118E, 119, 120, 121, 122, 123C, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137B, 137C, 138B, 139, 140, 141B, 142, 143, 199C, 199D, 199E, 199F Block Group: 2 District No. 105 FAYETTE Tract: 1404.01 That part of Block 210C lying within the corporate limits of Fayetteville as of January 1, 1994. Tract: 1401.02 Block: That part of Blocks 109B and 224B lying within the corporate limits of Fayetteville as of January 1, 1994, 224A Tract: 1402.01 Block: 324A, 327A Tract: 1402.02 Block: 302A, 304A, 305A, 306, 403A, 403D, 404, 405, 408, 409, 410, 411, 412, 413, 499A, 499C, 501A, 502A, 503, 506A, 507, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A Tract: 1403.01 Tract: 1403.02 Tract: 1404.01 Block: 210A, 210B, 211A, 212A, 213, 215A, 223A, 223C, 223D, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 299A Block Group: 3 Block Group: 4 Tract: 1404.02 Block: 123A, 123B, 123D, 124, 137A, 138A, 141A, 199A, 199B Block Group: 3 Block Group: 4 Tract: 1405.01 Tract: 1405.02

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District No. 106 COWETA Tract: 1703. Block: 312, 401, 402, 409D, 427, 428, 429, 430, 499B, 499C Tract: 1704. Block: 315, 318, 321, 336, 337, 341, 342, 343, 344, 345, 347, 348, 350, 351, 352, 353, 354, 399F, 399G, 399H, 399J, 399K Tract: 1705. Block: 139A, 139B, 140B, 140C, 147A, 147B, 148, 149, 150, 151, 152, 153B, 153C, 155B, 155C, 161A, 161B, 162, 163A, 163B, 164A, 164B, 165, 166, 167, 168, 169, 170, 199J, 199K, 199L, 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, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J Block Group: 3 Block Group: 4 Block Group: 5 Tract: 1706. Block: 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 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, 662, 663, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 699D, 699E, 699F Tract: 1708. Block: 201, 202, 203, 204, 205, 224, 225, 226, 227, 228, 229, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 296, 297, 299J, 299K SPALDING Tract: 1601. Tract: 1603. Block Group: 1 Tract: 1604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 111, 112, 113A, 114, 115, 116, 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168, 201A Tract: 1605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123C, 124, 125, 128, 129B, 130, 131, 132, 133, 134, 135,

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136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150A, 150B, 151A, 151B, 152A, 152B, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161A, 161B, 162B, 162C, 163B, 164, 173A, 173B, 174A, 174B, 174C, 175, 176, 177A, 178, 179, 199A, 199C, 199D, 199E, 199F, 199G Tract: 1606. Tract: 1607. Tract: 1608. Block: 235, 236, 237, 239, 240, 241, 245, 246, 247, 248, 249, 250 Block Group: 3 Block: 430, 445, 446, 447, 448, 449, 450, 451, 452, 453 Tract: 1609. Block: 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block Group: 1 Block: 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: 101, 102, 103, 104, 105, 106, 107, 119B, 120, 121, 122, 123B, 199, 199 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312B, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328, 329, 330, 399, 401, 402, 403, 404, 405A, 405B, 406A, 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, 462, 463, 499 District No. 107 HENRY Tract: 0701.03 Block Group: 5 Tract: 0703.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 307, 308, 309 Block Group: 4 Tract: 0704.98 Block: 113, 114, 115, 116, 117, 118, 119, 120, 121, 144, 145, 146, 147, 148, 150, 151, 199D, 323, 324, 325, 326, 327, 328, 329, 330, 331, 345, 399C

Page 317

Tract: 0705. SPALDING Tract: 1602. Tract: 1603. Block Group: 2 Tract: 1604. Block: 110B, 113B, 119, 120A, 120B, 121, 122, 123A, 123B, 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, 160B, 161, 162A, 162B, 163A, 163B, 164A, 164B, 164C, 165, 169, 170, 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, 248A, 248B, 249, 250, 251A, 251B, 252, 253, 254 Block Group: 3 Block Group: 4 Tract: 1605. Block: 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B Tract: 1608. Block Group: 1 Block: 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, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444 Tract: 1609. Block Group: 1 Block Group: 2 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 429, 430, 431, 432, 433, 438, 439, 440, 441, 501, 502, 503, 507A, 507B, 507C, 508A, 508B, 509A, 509B, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516A, 516B, 517, 518A, 518B, 519 Tract: 1610. Tract: 1611. Block: 201, 202A, 202B, 203, 218B, 226, 228, 229A, 229B, 229C, 229D, 230, 231, 232, 233, 234, 235A, 235B, 235C, 236, 237, 238, 239, 240, 241, 299A, 299B, 299C Tract: 1612.

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Block: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126, 312A, 428A District No. 108 HENRY Tract: 0701.02 Tract: 0701.03 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0701.98 Tract: 0702.01 Tract: 0702.02 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225, 227, 299A, 299B, 299C, 299D, 299E Tract: 0702.03 Block Group: 1 Block: 226, 227, 261, 262, 263, 264 Tract: 0703.01 Block: 304, 305, 306 Tract: 0703.02 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, That part of Block 320 lying north of Long Branch extended to Interstate Highway 75, 401, 402, 403A, 403B, 404A, 404B, 404C, 404D, That part of Block 405 lying east of Russell Road extended to Tomlinson Street, 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 District No. 109 BUTTS HENRY Tract: 0702.02 Block: 226 Tract: 0702.03 Block: 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, 228, 229, 230, 231, 232, 233, 234, 235,

Page 319

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, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 299A, 299B, 299C, 299D, 299E Tract: 0703.02 Block: 308, 309A, 309B, That part of Block 320 lying south of Long Branch extended to its Interstate Highway 75, 321, 322, 323, 324, 325, 326A, 326B, 327, 328, 329, 330, That part of Block 405 lying west of Russell Road extended to Tomlinson Street, 407B, 408A, 408B, 408C, 443B, 448, 449, 450, 499 Block Group: 5 Block Group: 6 Tract: 0704.02 Tract: 0704.98 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123A, 123B, 124A, 124B, 124C, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 149, 199A, 199B, 199C Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314A, 314B, 315A, 315B, 316, 317A, 317B, 318A, 318B, 319, 320, 321A, 321B, 322, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 346, 347, 348A, 349A, 351A, 399A, 399B LAMAR Tract: 9701. Block Group: 1 Block Group: 2 Block: 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, 356A, 356B, 357A, 357B, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 366A, 366B, 377A, 377B, 378, 379A, 379B, 399C, 399D, 399E, 399F, 399G Tract: 9702. Block: 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, 144A, 144C, 145A, 145B, 145C, 145D, 145E, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 151, 152, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 171, 172, 173, 174, 175, 176, 199A, 199B, 199C, 199D, 199E, 199F

Page 320

Block Group: 2 Block Group: 3 Block: 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: 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, 199 Block Group: 2 Block: 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, 499A District No. 110 JASPER JONES Tract: 0301.01 Tract: 0301.02 Block: 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227 Tract: 0302. Block: 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 199A, 199B, 199C, 199D, 199E, 199F Block Group: 2 Block: 301, 307, 308, 309, 311, 312, 313, 399 Tract: 0303. Block: 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 341, 343, 347, 377, 378, 379, 399E, 399F, 399H, 399J LAMAE Tract: 9701. Block: 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387, 399A, 399B Tract: 9702. Block: 143, 144B, 155B, 167, 168, 169, 170, 177, 178, 179, 180, 181, 182, 199G, 419, 420, 421, 422, 423, 424, 499, 499, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514,

Page 321

515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 599A, 599B, 599C, 599D, 599E, 599F, 599G, 599H, 599I, 599J, 599K, 599L, 599M, 599N, 599P, 599Q, 599R, 599S, 599T, 599U, 599V, 599W, 599X, 599Y Tract: 9703. Block: 105, 106, 199, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 399, 399, 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, 430C, 437, 438, 440A, 440B, 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, 468, 469, 470, 471, 472, 473, 474A, 474B, 475, 476, 499B, 499C, 499D, 499E, 499F, 499G MONROE District No. 111 GREENE OGLETHORPE PUTNAM District No. 112 COLUMBIA Tract: 0303.01 Block Group: 1 Block: 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 221, 222, 231, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 271, 272, 273, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 299F, 299G, 299H, 299J, 299K, 299L, 299M, 299R, 299T Tract: 0303.02 Tract: 0304. Tract: 0305.01 Tract: 0305.02 Block: 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417A, 417B, 418A, 418B, 419, 420, 421, 422, 423, 424A, 424B, 425, 426, 427, 428A, 428B, 429, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462A, 462B, 463, 464, 465, 466, 467, 468, 469, 470, 471A, 471B, 472A, 472B, 473, 474, 475, 476, 477, 478, 499

Page 322

Block Group: 5 MCDUFFIE Tract: 9501. Block Group: 1 Block: 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, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G Tract: 9502. Block: 101, 102, 103, 104, 105, 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 230, 231, 232, 233, 234, 301, 302, 303, 304, 305B, 316B, 317, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 399 Tract: 9504. Block: 501, 502, 503, 504, 595, 596, 597 Tract: 9505. Block Group: 1 Block: 203, 204, 205, 250, 251, 252, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 281, 282, 283, 299C, 299E, 299F, 299H Block Group: 3 Block Group: 4 District No. 113 COLUMBIA Tract: 0301.01 Tract: 0301.02 Tract: 0301.03 Tract: 0302.01 Tract: 0302.02 Tract: 0302.03 Tract: 0303.01 Block: 201, 202, 203, 204, 205, 206, 207, 208, 219, 220, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 274, 275, 296, 297, 299A, 299B, 299C, 299D, 299E, 299N, 299P, 299U, 299V, 299W, 299X Tract: 0305.02 Block: 401, 402, 403, 404, 405, 406, 479, 480

Page 323

Tract: 0306.03 PROVIDED, HOWEVER, that District 113 shall not include any portion of the City of Augusta located in Columbia County. District No. 114 RICHMOND Tract: 0001. Block: 515, 516C, 518, 519, 520, 521, 525 Tract: 0016. Block: 203, 204, 207B, 207C, 208B, 213B, 221, 222, 223, 226B, 227B Block Group: 3 Block: 501, 502, 515, 516, 517 Tract: 0101.02 Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121 Block Group: 3 Block Group: 4 Block Group: 9 Tract: 0101.04 Tract: 0101.05 Tract: 0102.01 Tract: 0102.03 Tract: 0102.04 Tract: 0108. Block: 901C, 902, 903, 904, 905, 908, 909, 910 PROVIDED, HOWEVER, that District 114 shall include, in addition to the above described territory, any portion of the City of Augusta located in Columbia County. District No. 115 RICHMOND Tract: 0001. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 514B, 514C, 516A, 516B, 517, 522, 599 Tract: 0002. Tract: 0003. Tract: 0004. Tract: 0006. Block: 115, 116, 117, 118, 199, 201, 214, 215, 412, 413, 414, 415, 416, 417, 418, 501, 502, 503, 504, 506, 507, 510, 511, 512 Tract: 0007.

Page 324

Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127 Tract: 0008. Block Group: 1 Block: 201, 202, 203, 204, 206, 207, 208 Block Group: 3 Tract: 0010. Block: 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 122, 123, 124 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0011. Tract: 0012. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 401, 402, 403, 404, 405, 406, 501, 506, 507, 508, 509, 510, 511, 512, 513 Block Group: 6 Block Group: 9 Tract: 0013. Block: 101, 106, 107, 108, 199, 201, 202, 203, 204, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 222, 223, 224, 225A, 299 Tract: 0016. Block Group: 1 Block: 201, 202A, 202B, 205, 206, 207A, 208A, 209, 210, 211, 212, 213A, 214, 215, 216, 217, 218, 219A, 219B, 220, 226A, 227A, 227C, 229, 232, 233, 235 Block Group: 4 Block: 503A, 503B, 504, 513 Block Group: 6 Block Group: 9 Tract: 0101.01 Tract: 0101.02 Block: 101, 102, 117, 118 Tract: 0105.04 Block Group: 1 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 932, 933, 940, 999A District No. 116 BURKE RICHMOND Tract: 0105.04 Block: 927, 928, 929, 930, 935, 936, 937, 938, 939, 941, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957,

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958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 999C, 999D Tract: 0105.05 Block: 815 Tract: 0107.03 Block: 101, 102, 109, 154, 155, 199, 199 Tract: 0107.04 Block: 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, 161, 162, 163, 199 Tract: 0108. Block: 901A, 901B, 901D, 901E, 901G, 901H, 901J, 906, 907, 911, 912, 999A, 999B, 999C, 999D, 999E, 999F, 999G, 999H, 999J, 999K, 999L, 999M, 999N, 999P, 999R, 999U, 999V, 999W, 999X Tract: 0109.01 Block Group: 2 Block: 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422A, 422B, 423, 432A, 432B, 433, 434, 435, 436, 437A, 437B, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449, 450, 499A District No. 117 RICHMOND Tract: 0012. Block: 209, 210, 211, 212, 213, 214, 215 Block Group: 3 Block: 407, 408, 409, 410, 411, 503 Tract: 0013. Block: 205B, 217B, 225B Tract: 0103. Block: 106, 107, 109, 112, 115, 116, 117 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0104. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A Block Group: 7 Tract: 0105.04

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Block: 910, 912, 913, 914, 931, 934, 942, 943, 944, 945, 999B Tract: 0105.05 Block Group: 4 Block Group: 5 Block: 603, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 718, 719, 720, 721, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 816, 817, 818 Block Group: 9 Tract: 0105.07 Tract: 0106. Block: 401, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 412, 413, 414, 415 Tract: 0107.03 Block: 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block: 101, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 Tract: 0108. Block: 901F District No. 118 RICHMOND Tract: 0006. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 505, 508, 509, 513, 514, 515, 516, 517 Tract: 0007. Block: 112, 113, 114, 115, 117, 118, 125, 126, 128, 129 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0008. Block: 205, 209, 210 Tract: 0009. Tract: 0010. Block: 105A, 119, 120, 121 Tract: 0013. Block: 102, 103, 104, 105, 205A, 209, 217A, 218, 219, 220, 221 Block Group: 3 Tract: 0014.

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Tract: 0015. Tract: 0103. Block: 101, 102, 103, 104, 105, 108, 110, 111, 113, 114 Tract: 0104. Block: 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Block Group: 5 Block Group: 6 Tract: 0105.05 Block Group: 2 Block Group: 3 Block: 601, 602, 701, 706, 714, 716, 717, 722, 723 Tract: 0105.06 Tract: 0105.08 Block Group: 1 Block: 701, 702, 703, 704, 705, 706, 707, 711 Tract: 0105.10 Block Group: 1 Block Group: 9 Tract: 0105.11 Block: 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328 Block Group: 9 Tract: 0106. Block Group: 1 Block Group: 2 Block Group: 3 Block: 411, 416, 417, 418, 419, 420 Block Group: 5 Block Group: 6 Block: 901, 902A, 902B, 902C, 902D, 903, 904, 905, 906A, 906B, 907, 908, 909, 910, 911, 912A, 912B, 912C, 913, 914, 915A, 915B, 915C, 916, 917, 918, 919, 920A, 920B, 921A, 921B, 922A, 922B, 922C, 922D, 923A, 923B, 923C, 923D, 924A, 924B, 925, 926, 927, 928, 933, 935, 936A, 937, 938, 939, 940, 944A, 944B, 948A, 966, 967, 968, 969A, 969B, 970, 971, 972, 999A, 999B, 999C, 999D, 999E District No. 119 RICHMOND Tract: 0105.08 Block: 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721 Tract: 0105.09 Tract: 0105.10 Block Group: 2 Block Group: 4

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Block Group: 5 Tract: 0105.11 Block: 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 399 Block Group: 4 Tract: 0106. Block: 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973, 999F, 999G, 999H, 999J, 999K, 999L Tract: 0107.05 Tract: 0107.06 Tract: 0108. Block: 999T Tract: 0109.01 Block Group: 1 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 343, 344, 345, 346, 347, 348, 349, 350A, 350B, 351, 352, 353A, 353B, 354A, 354B, 354C, 354D, 354E, 355, 356A, 356B, 356C, 357, 358, 359, 360A, 360B, 360C, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373A, 373B, 374, 375, 376A, 376B, 377, 378, 379, 380, 381, 382, 383, 384A, 384B, 385, 386, 387, 388, 389A, 389B, 390, 391, 393, 396, 397, 399, 399, 399, 399, 399, 399, 399, 401, 402A, 402B, 403, 404, 405, 406, 407, 424A, 424B, 425, 426, 427A, 427B, 428, 429A, 429B, 429C, 430, 431A, 431B, 499B Block Group: 5 Tract: 0109.02 District No. 120 BALDWIN Tract: 9701. Block: 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 199D, 199D, 199E, 199F, 199G, 199H Block Group: 2

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Block Group: 3 Tract: 9702. Block: 342B, 399C, 524, 599 Tract: 9707. Block: 126 GLASCOCK HANCOCK MCDUFFIE Tract: 9501. Block: 280, 281, 282, 283, 284, 285 Tract: 9502. Block: 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 122C, 122D, 123A, 123B, 124A, 124B, 124C, 125A, 125B, 125C, 126A, 126B, 126C, 127A, 127B, 127C, 128, 129A, 129B, 130A, 130B, 208A, 211, 224, 225, 226, 227, 228, 229, 305A, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 313D, 314A, 314B, 315, 316A, 318, 319A, 319B, 320, 321, 322 Block Group: 4 Block Group: 5 Tract: 9503. Tract: 9504. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 599A, 599B, 599C, 599D Tract: 9505. Block: 201, 202, 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, 253, 254, 255, 256, 257, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 299A, 299B, 299D, 299G, 299J TALIAFERRO WARREN

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District No. 121 JEFFERSON WASHINGTON District No. 122 BALDWIN Tract: 9701. Block: 107B, 125A, 126, 127A, 185A, 199B Tract: 9702. Block Group: 1 Block Group: 2 Block: 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317, 318, 319A, 319B, 319C, 319D, 320A, 320B, 321A, 321B, 321C, 322, 323A, 323B, 323C, 324, 325A, 325B, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 330C, 330D, 331, 332A, 332B, 333, 334, 335, 336A, 336B, 337, 338, 339, 340, 341, 342A, 399A, 399B, 399D Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 Tract: 9703. Tract: 9704. Tract: 9705. Tract: 9706. Tract: 9707. Block: 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, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9708. District No. 123 JONES Tract: 0301.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 120, 121, 122, 123, 201, 202, 203, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 228, 229, 230, 299A, 299B Block Group: 3 Block Group: 9 Tract: 0302.

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Block: 101, 102, 103, 104, 105, 106, 107, 108, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 174, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199G, 199H, 199J, 199K, 199L, 199M, 199N, 199P, 302, 303, 304, 305, 306, 310 Tract: 0303. Block Group: 1 Block Group: 2 Block: 303, 305, 306, 309, 310, 312, 313A, 313B, 314A, 315, 316A, 317A, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 342, 344, 345, 346, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358A, 358B, 358C, 359A, 359B, 360A, 360B, 361, 362A, 362B, 363A, 363B, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 399A, 399B, 399C, 399D, 399G, 399K, 399L, 399M, 399N, 399P Block Group: 4 Block Group: 5 TWIGGS WILKINSON District No. 124 BIBB Tract: 0102. Block: 101 Tract: 0105. Block: 105, 106, 107, 108, 109, 110, 111, 112 Block Group: 2 Block: 311, 312, 313 Tract: 0106. Block Group: 1 Block: 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217 Block Group: 3 Block: 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0107. Tract: 0108. Block: 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121 Block Group: 2 Block Group: 3 Tract: 0110. Block Group: 1 Block Group: 2

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Block: 303, 304, 315, 316, 408, 409, 410, 411, 412, 413, 414, 415 Block Group: 5 Tract: 0111. Tract: 0112. Tract: 0113. Tract: 0114. Tract: 0115. Tract: 0117.01 Tract: 0117.02 Tract: 0127. Block: 201, 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221A, 222, 223 Block Group: 3 Tract: 0128. Tract: 0130. Block: 201A, 201B, 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, 231A, 231B, 232A, 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, 274A, 274B, 276A, 277A, 292, 293, 294, 295, 296, 297, 299A Tract: 0133.02 Block: 101, 102, 103, 104, 105, 106, 107, 199 Block Group: 2 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0137.97 District No. 125 BIBB Tract: 0121. Block: 102A, 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block: 226 Tract: 0129. Tract: 0130. Block Group: 1 Block: 201C, 202, 231C, 232B, 273A, 273B, 274C, 275, 276B, 277B, 278A, 278B, 279A, 279B, 279C, 280, 281A, 281B, 281C, 282, 283A, 283B, 284, 285, 286, 287, 288, 289, 290, 291, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J Tract: 0131.01 Block Group: 1

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Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502C, 503, 504A, 504B, 504C, 504D, 504E, 504F, 504G, 504H, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 599A, 599B Tract: 0131.02 Block Group: 4 Tract: 0132.01 Block: 101B, 110B, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 121E, 123, 124, 199, 199, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B, 299 Tract: 0132.02 Block: 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0133.01 Tract: 0133.02 Block: 108, 109 Block Group: 3 Block: 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 0134.97 Block: 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 199, 199, 199, 199, 199, 206D, 207, 208A, 208B, 209A, 209B, 210A, 210B, 211, 212, 213, 214, 215, 216A, 216B, 217A, 217B, 218, 219, 220, 304B, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 399 Block Group: 4 Tract: 0135.01 Tract: 0135.02 Tract: 0136.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 301, 302, 308, 399D, 399E, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0136.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 408, 409, 410, 411, 412, 413, 501, 502, 503, 510, 511, 512 District No. 126 BIBB Tract: 0102. Block: 115

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Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0103. Block: 202, 203, 204 Tract: 0110. Block: 301A, 301B, 301C, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 399A, 399B, 401, 402, 403, 404, 405, 406, 407, 419, 420 Block Group: 6 Tract: 0118. Tract: 0119. Tract: 0120. Tract: 0121. Block: 101, 102B, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0122. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 227, 228A, 228B, 228C, 228D, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299 Tract: 0123. Block: 301 Block Group: 4 Block Group: 5 Tract: 0124. Block Group: 1 Block Group: 2 Tract: 0134.97 Block: 108A, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205A, 205B, 206A, 206B, 206C, 206E, 206F, 221, 222, 301, 302B, 303B, 306, 307 Tract: 0134.98 Tract: 0137.98 District No. 127 BIBB Tract: 0101. Tract: 0102. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114

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Tract: 0103. Block Group: 1 Block: 201, 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 Tract: 0104. Tract: 0105. Block: 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316 Tract: 0106. Block: 206, 207, 213, 214, 401, 403 Tract: 0108. Block: 111 Tract: 0123. Block Group: 1 Block Group: 2 Block: 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 Tract: 0124. Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0125. Tract: 0126. Tract: 0127. Block Group: 1 Block: 203, 204, 214, 215, 216, 217, 218, 219, 220, 221B Tract: 0131.01 Block: 502A, 502B Tract: 0131.02 Block Group: 1 Block Group: 2 Block Group: 3 Tract: 0132.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 115A, 118A, 119A, 120A, 121A, 121B, 122, 201A Block Group: 3 Block Group: 4 Tract: 0132.02 Block: 101, 102A, 102C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 199 Block Group: 2 Block Group: 3

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District No. 128 BIBB Tract: 0136.01 Block: 207, 208, 209, 210, 211, 212, 213, 214, 299, 299, 299, 299, 299, 299, 299, 303, 304, 305, 306, 307, 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, 399A, 399B, 399C, 399F, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 499 Tract: 0136.02 Block: 401, 402, 403, 404, 405, 406, 407, 414, 499, 499, 499, 499, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 599 Block Group: 6 CRAWFORD HOUSTON Tract: 0201.01 Block: 101, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 112B, 117, 118A, 118B, 201C, 202, 203, 204, 205, 206B, 401, 402 Tract: 0201.02 Tract: 0201.03 Tract: 0203. Block Group: 1 Block: 201, 301 Tract: 0204. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 PEACH Tract: 0401. Tract: 0402. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 201, 202, 217, 218, 219, 234, 235, 253, 254, 255, 256, 257A, 257B, That part of Block 258 which lies east of the boundary line for GMD 1813 and GMD 1816, 259 Tract: 0403.01 Block: 101, That part of Block 102 which lies northeast of Mossy Creek, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 123, 124A, 124B, 125, 126A, 126B, 134, 136, 137, 138, 139, 140A, 140B, 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,

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167A, 167B, 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, 196, 197 Block Group: 2 Block Group: 3 Tract: 0403.02 Block: 101, 102, 103A, 103B, 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, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 142, 143A, 143B, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 199 District No. 129 PIKE UPSON District No. 130 COWETA Tract: 1701. Block: That part of Blocks 256, 258, 357, 358 and 359 which lies southwest of the Georgia Power Transmission Line, 361, 362, 363, 364, 365, 366, 367, 375, 376, 377, 378, 379, 380, 381, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 399B, 399C, 399D Tract: 1705. Block: 246 Tract: 1707. Block: 228, 229, That part of Blocks 227, 230, 232 and 233 which lies southwest of the Georgia Power Transmission Line, 235, 236, 237 Tract: 1708. Block Group: 1 Block: 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 230, 231, 232, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264A, 264B, 265, 266, 267A, 267B, 268, 269, 270A, 270B, 271, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295A, 295B, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H Block Group: 3 Block Group: 4 TROUP Tract: 9601. Tract: 9602. Tract: 9603.

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Tract: 9604. Block Group: 1 Block Group: 2 Block Group: 3 Block: 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, 434, 435 Tract: 9605. Block: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141A, 141B, 142, 143, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 153B, 155, 156, 157, 158, 162, 163, 164A, 196A, 196B, 196C, 197 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 9606. Block: 112A, 114A, 115, 119A Tract: 9609. Block: 203C, 203D, 204, 205B, 313B, 314A, 314B Block Group: 4 Block: 513D, 515, 516, 517, 518A, 518B, 519, 520, 521, 522, 523, 540, 561B, 564B, 599A Block Group: 6 Block Group: 7 Tract: 9610. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 133, 134, 135, 136, 137, 139, 144, 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, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 266, 290, 291, 299C, 299D, 299E District No. 131 MERIWETHER TROUP Tract: 9604. Block: 429, 430, 431, 432, 433 Tract: 9605. Block: 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 153C, 153D, 153E, 153F, 154, 159, 160, 161A, 161B, 164B, 165, 166, 167, 168, 169, 170, 171, 172,

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173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 199 Tract: 9606. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 114B, 116A, 116B, 117A, 117B, 118, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 146, 147, 158, 159, 160, 161, 162, 163, 199D, 199E, 199F Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 9607. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308B, 308C, 309, 310A, 310B, 311, 312, 313, 314, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 337, 338, 399, 399, 399, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419, 420A, 420B, 420C, 501 Tract: 9608. Tract: 9609. Block Group: 1 Block: 201, 202, 203A, 203B, 205A, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313C, 315, 316, 317, 318, 319, 320, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 513C, 514, 524A, 524B, 524C, 525, 526A, 526B, 527, 528, 529A, 529B, 530A, 530B, 530C, 530D, 531, 532, 533A, 533B, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 Tract: 9611. Block: 101, 104 District No. 132 MUSCOGEE Tract: 0002. Tract: 0003. Tract: 0004. Tract: 0005. Tract: 0006. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218

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Tract: 0009. Block Group: 1 Tract: 0011. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 0016. Block: 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 413, 414, 499 Tract: 0102.01 Tract: 0102.02 Block: 102, 103, 105, 107, 108, 109, 110, 112, 113, 123, 124, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 139, 140, 141, 142, 144, 145, 149, 151, 153, 199, 199 Block Group: 2 Block: 302, 303, 304, 305, 306, 308, 309, 310, 311, 312, 313, 314, 315, 316, 319 Tract: 0103.01 Tract: 0103.02 Tract: 0104.01 Tract: 0104.02 Block Group: 1 Block: 201, 202, 203, 204, 231, 901, 902, 904, 905, 906, 907, 908, 909, 910, 911, 914, 999 Tract: 0110. District No. 133 MUSCOGEE Tract: 0021. Block: 102, 103, 104, 105, 122, 123, 214, 215, 216, 217, 218, 219, 220, 223 Tract: 0101.02 Tract: 0101.03 Block: 328 Tract: 0105. Block: 104, 106, 109, 202, 203, 206, 207, 208, 209, 210, 212, 216, 217, 218, 219, 223, 301, 302, 303, 305, 306, 307, 316, 317 Tract: 0106.04 Tract: 0106.05 Tract: 0106.06 Tract: 0107.01 Tract: 0107.02 Block: 101, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 122, 123, 125, 126, 127, 128, 129, 130, 132, 134, 135, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228

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Tract: 0108. Block: 901F, 901G, 901H, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 999C, 999D, 999E TALBOT District No. 134 MUSCOGEE Tract: 0028. Block: 401, 402, 403, 404, 407, 408 Tract: 0029.01 Block: 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229 Tract: 0029.02 Tract: 0031. Block: 101, 105, 106, 107, 110, 111, 202, 203, 206, 207, 208, 209 Tract: 0032. Tract: 0033. Tract: 0034. Tract: 0107.02 Block: 102, 103, 121, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229, 230 Tract: 0107.03 Tract: 0108. Block: 901A, 901B, 901C, 901D, 901E, 901J, 999A, 999B Tract: 0109. Block: 901 District No. 135 MUSCOGEE Tract: 0001. Block: 101, 102, 103, 221, 223 Tract: 0006. Block: 101, 102, 113, 114, 115, 116, 117, 201, 202 Tract: 0008. Tract: 0009. Block Group: 2 Block Group: 3 Tract: 0010. Tract: 0011. Block: 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127 Block Group: 2 Block: 301, 302, 303, 304, 318, 319, 320, 321, 322 Tract: 0012. Tract: 0013. Tract: 0014. Tract: 0015. Block Group: 1

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Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433 Tract: 0016. Block: 101, 108, 11, 113, 123 Block Group: 2 Block: 304, 305, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412 Block Group: 5 Block Group: 6 Tract: 0018. Tract: 0019. Tract: 0023. Tract: 0101.03 Block: 329, 330, 331, 332 Tract: 0101.04 Block: 105, 106, 107, 108, 109, 110, 111, 112, 199A, 199B Tract: 0104.02 Block: 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 230, 299, 903 Tract: 0105. Block: 101, 102, 103, 105, 107, 108, 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, 140, 199A, 199B, 199C, 199D, 199E, 304, 308, 309, 310, 311, 312, 313, 314, 315, 318 Block Group: 4 District No. 136 MUSCOGEE Tract: 0001. Block: 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 299 Tract: 0015. Block: 418, 428, 429, 430, 431, 434, 435, 436, 437, 438 Tract: 0020. Tract: 0021. Block: 101, 108, 109, 110, 111, 112, 113, 115, 116, 117, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221 Tract: 0022. Tract: 0024. Tract: 0025. Tract: 0026.

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Tract: 0027. Tract: 0028. Block Group: 1 Block Group: 2 Block Group: 3 Block: 405, 406 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0029.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0030. Tract: 0031. Block: 102, 103, 104, 108, 109, 112, 113, 201, 204, 205, 210, 211, 212, 213 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 9 Tract: 0105. Block: 213, 214, 215, 220, 221, 222 Tract: 0106.02 Tract: 0109. Block Group: 1 Block: 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 999 District No. 137 LEE Tract: 0201. Tract: 0203. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 151, 152, 153, 154, 155, 156, 157, 199A, 199B, 199C, 199D, 438, 477B, 481, 482, 483, 484, 499U, 499V, 505B, 507B, 509, 510, 511A, 512, 513, 525, 526, 527, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 599G, 599H, 599J, 599K, 599L SUMTER District No. 138 CRISP DOOLY Tract: 9701. Block Group: 1

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Block: 201A, 201B, 202A, 202B, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228B, 228C, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 279A, 279B, 280A, 280B, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299B, 301, 302A, 302B, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330A, 330B, 331A, 331B, 332A, 332B, 333, 334A, 334B, 335A, 335B, 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, 362A, 362B, 363, 364, 365, 366, 367A, 367B, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 385, 386, 387A, 387B, 388, 389A, 389B, 390, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399E, 399F, 399G, 399H Tract: 9702. Block: 144 Tract: 9703. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 220, 301, 302, 303, 304, 305, 306, 307, 312, 399K, 399R, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561 HOUSTON Tract: 0211.02 Block: 314, 315, 316 Tract: 0211.03 Block: 304 Block Group: 4 Tract: 0214. Block: 501, 502, 503, 504, 505, 506, That part of Block 508 which lies northeast of Mossy Creek, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 599A, 599B

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Tract: 0215.02 Block: That part of Block 101 which lies southwest of Indian Creek, 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, 143A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 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, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299 PULASKI District No. 139 HOUSTON Tract: 0201.01 Block: 102A, 109A, 109B, 110, 111A, 111B, 112A, 113, 114, 115, 116, 201A, 201B, 206A, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 221, 222A, 222B, 223, 224A, 224B, 225, 226 Block Group: 3 Block: 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0202. Tract: 0203. Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315 Block Group: 4 Tract: 0204. Block: 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 Block Group: 2 Block Group: 9

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Tract: 0205. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0207. Block: 410, 411, 419, 420, 421 Tract: 0209. Tract: 0210. Tract: 0211.01 Block: 111A, 111B, 111C, 111D, 111E, 112A, 112B, 112C, 112D, 113A, 199A, 199B Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0211.02 Block: 201, 202, 203, 204, 205, 206, 207, 213, 214 District No. 140 DOOLY Tract: 9701. Block: 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 271, 272, 299A, 312, 313, 314, 315, 316, 321, 322, 323, 324, 399D Tract: 9702. Block: 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, 130A, 130B, 131A, 131B, 132A, 132B, 133A, 133B, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162A, 162B, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 199A, 199B, 199C Block Group: 2 Tract: 9703. Block: 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222A, 222B, 223, 224A, 224B, 225, 226A, 226B, 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, 308, 309, 310, 311, 313A, 313B, 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, 341A, 341B, 342, 343A, 343B, 344A, 344B, 345A, 345B, 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,

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376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399L, 399M, 399N, 399P Block Group: 4 Block: 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580A, 580B, 581, 582, 583, 584, 585, 586, 587, 588, 589, 599 MACON PEACH Tract: 0402. Block: 125, 126, 127, 128, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157A, 157B, 158, 159, 175, 176, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211A, 211B, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, That part of Block 258 which lies west of the boundary line for GMD 1813 and GMD 1816, 260, 261, 262, 263, 264, 299 Tract: 0403.01 Block: That part of Block 102 which lies southwest of Mossy Creek, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 135, 199, 199 Tract: 0403.02 Block: 129, 130, 131, 132, 140A, 140B, 141 Tract: 0404. TAYLOR District No. 141 HOUSTON Tract: 0205. Block: 217, 218, 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0206. Tract: 0207. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 414, 415, 416, 417, 418

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Tract: 0208. Tract: 0211.01 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 113B, 114A, 114B, 115A, 115B Tract: 0211.02 Block Group: 1 Block: 208, 209, 210, 211, 212, 215, 216, 217, 218, 219, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 317 Tract: 0211.03 Block Group: 1 Block Group: 2 Block: 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, 399 Tract: 0212/ Tract: 0213. Tract: 0214. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 507, That part of Block 508 which lies southwest of Mossy Creek, 509, 525, 526, 527, 528, 529, 530, 599C, 599D Tract: 0215.01 Tract: 0215.02 Block: That part of Block 101 which lies northeast of Indian Creek, 143B, 144, 145, 254, 255, 267, 268 District No. 142 BLECKLEY DODGE LAURENS Tract: 9507. Block: 294, 295 Tract: 9511. Block: 150, 151, 152, 154, 155, 156, 157, 158, 178, 199A Block Group: 2 Tract: 9512. Tract: 9513. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140A,

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140B, 140C, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174A, 174B, 175, 176, 177, 178, 179, 180, 181, 199A, 199B, 199C Block Group: 2 TELFAIR Tract: 9501. Block: 101A, 101B, 101C, 101E, 102, 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131A, 131B, 131C, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156A, 156B, 156C, 156D, 157, 158A, 159 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520A, 520B, 520C, 521A, 521B, 522A, 522B, 523, 524, 525, 526, 527, 528, 529A, 529B, 530, 534A, 534B, 536, 537, 538, 539, 540, 541, 542, 543, 544A, 544B, 545A, 545B, 545C, 546, 550A, 553, 554, 555, 556, 557, 599A, 599H Tract: 9502. Block: 109A, 110A, 113A, 120A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144A, 145, 146A, 199A District No. 143 LAURENS Tract: 9501. Tract: 9502. Tract: 9503. Tract: 9504. Tract: 9505. Tract: 9506. Tract: 9507. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217A, 217B, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227A, 227B, 228, 229, 230, 231A, 231B, 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,

Page 350

273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 296, 299 Tract: 9508. Tract: 9509. Tract: 9510. Tract: 9511. Block: 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, 153, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 179, 180, 181, 199B Tract: 9513. Block: 116, 117, 199D Tract: 9514.98 District No. 144 EMANUEL JOHNSON TREUTLEN District No. 145 BULLOCH Tract: 9901. Block Group: 2 Block Group: 3 Tract: 9903. Block: 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, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M, 199N, 199P Block Group: 2 Block Group: 3 Block Group: 4 Tract: 9904. Block: 303B, 308A, 308B, 309, 310, 311, 399, 399, 411B, 426B, 426C, 429B, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 499B, 499C, 515B, 516, 521B, 522B, 523, 524B, 525B, 526B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 599, 599, 603C, 608B, 610B, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 699B, 699C, 699D Tract: 9905.

Page 351

Block: 503B, 504B, 522B, 523, 524, 525, 526, 527, 528, 529, 599 Tract: 9906. Block Group: 4 Block: 645 Tract: 9907. Tract: 9908. Tract: 9909. CANDLER JENKINS District No. 146 BULLOCH Tract: 9901. Block Group: 1 Tract: 9902. Tract: 9903. Block: 130A, 143A, 144A Tract: 9904. Block Group: 1 Block Group: 2 Block: 301, 302, 303A, 304, 305, 306, 307, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 499A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518, 519, 520, 521A, 522A, 524A, 525A, 526A, 527, 601, 602, 603A, 603B, 604, 605, 606, 607, 608A, 609, 610A, 699A Tract: 9905. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501A, 501B, 502, 503A, 504A, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A Tract: 9906. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656,

Page 352

657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 699 SCREVEN District No. 147 BRYAN Tract: 9201. Tract: 9202., except that part of Block 901E which lies south of Georgia State Hwy. 144. Tract: 9203. Block: 101, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 115C, 116, 117, 118, 119A, 119B, 120A, 120B, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 137, 138A, 138B, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 160A, 164, 165, 166, 167, 174, 176, 177, 189, 199A, 199D, 232, 233A EFFINGHAM District No. 148 CHATHAM Tract: 0003. Block Group: 3 Tract: 0010. Tract: 0011. Tract: 0020. Tract: 0021. Tract: 0022. Tract: 0026. Block: 101, 102, 103, 104, 105, 107 Tract: 0027. Block: 101, 102, 103, 104 Block Group: 2 Block Group: 4 Tract: 0036.01 Block: 102A, 102B, 103, 108, 109, 115, 116, 120 Block Group: 2 Block Group: 3 Block: 401A, 401B, 402, 403, 404B, 499 Tract: 0036.02 Tract: 0037. Tract: 0038. Block Group: 1 Block: 201A, 201B, 202, 203A, 204A, 204B, 205, 206, 207, 208 Block Group: 3 Tract: 0039. Block Group: 2

Page 353

Block Group: 3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411 Tract: 0101.01 Block Group: 1 Block Group: 2 Block: 304A, 304B, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 314A, 314C, 321A, 321D, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 399A Tract: 0101.02 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 314, 315A, 401, 403A, 499A Tract: 0102. Block Group: 1 Block: 201, 204, 210 Tract: 0106.05 Block: 106A Tract: 0111.01 Block: 501A, 501B, 502, 503, 504, 505, 506, 507, 599A, 599G District No. 149 CHATHAM Tract: 0001. Block: 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 Tract: 0003. Block Group: 1 Block Group: 2 Tract: 0006.01 Tract: 0008. Tract: 0009. Tract: 0012. Tract: 0013. Tract: 0015. Tract: 0017. Tract: 0018. Tract: 0019. Tract: 0023. Tract: 0024. Block: 107, 108, 109, 120, 201, 213, 214, 221, 232, 233, 242 Tract: 0032. Tract: 0033.01 Tract: 0033.02

Page 354

Tract: 0040.02 Block Group: 3 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 524, 525, 526, 527, 528 Tract: 0043. Block: 101A, 101B, 102A, 102B, 103A, 103B, 104, 105, 199 Tract: 0045. Block Group: 1 Block: 201, 203, 204, 206A, 206B, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401B, 413B, 414B Tract: 0105.01 Block: 201, 212B, 213, 229, 230, 231 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 499B Tract: 0105.02 Block: 101A, 101B, 102, 103, 104, 105, 106, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract: 0106.01 Block: 620B Tract: 0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Block: 102A, 146A, 146B, 151A, 152A, 154A, 155, 156, 157, 158, 159, 160, 161, 169A, 170A, 171A, 172A, 199A Block Group: 9 District No. 150 CHATHAM Tract: 0001. Block: 199 Tract: 0101.01 Block: 399B Tract: 0105.01 Block Group: 1 Block: 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 409, 410, 411, 412, 413, 499A Block Group: 5

Page 355

Tract: 0105.02 Block: 107A, 107B, 108, 199, 213 Tract: 0106.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619A, 619B, 620A Tract: 0106.03 Tract: 0106.04 Block: 142A, 143A, 147A, 148, 149 Tract: 0106.05 Block: 101, 102B, 103, 104, 105, 106B, 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, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169B, 170B, 171B, 172B, 173, 174, 175, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M Tract: 0106.99 Tract: 0107.98 Tract: 0108.04 Tract: 0108.06 Tract: 0108.07 Tract: 0108.97 Tract: 0108.98 Tract: 0109.01 Block: 308, 309, 399A, 399B Tract: 0109.02 Block: 107, 108, 110, 114, 115, 116, 199T, 199U Tract: 0112.98 District No. 151 CHATHAM Tract: 0024. Block: 101, 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 234, 235, 236, 237, 238, 239, 240, 241 Tract: 0025. Tract: 0026. Block: 106, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128

Page 356

Block Group: 2 Tract: 0027. Block: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 Block Group: 3 Tract: 0028. Tract: 0029. Tract: 0030. Tract: 0034. Tract: 0035.01 Tract: 0035.02 Tract: 0039. Block: 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 Tract: 0040.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0043. Block: 106 Tract: 0044. Tract: 0045. Block: 202, 205, 207, 208, 209, 210, 214A, 214B, 214C, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235 Block Group: 3 Block: 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 414A District No. 152 CHATHAM Tract: 0039. Block: 126, 127, 128, 129, 401, 402, 403, 412A Tract: 0040.01 Block Group: 5 Tract: 0040.02 Block: 101, 102, 103, 104A, 105, 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B, 118A, 199 Block Group: 2 Block Group: 4 Block: 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 Tract: 0042.02 Tract: 0042.03 Tract: 0042.05 Tract: 0042.06

Page 357

Tract: 0102. Block: 312A, 312B, 313A, 313B Tract: 0109.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307 Tract: 0109.02 Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 109, 111, 112, 113, 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, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M, 199N, 199P, 199R District No. 153 CHATHAM Tract: 0036.01 Block: 101, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 404A, 405, 406, 407, 408, 409 Tract: 0038. Block: 203B Tract: 0039. Block: 412B Tract: 0040.02 Block: 104B, 118B Tract: 0041. Tract: 0101.01 Block: 301, 302, 303, 314B, 315, 316, 317, 318A, 318A, 318B, 319, 320, 321B, 321C, 399C Tract: 0101.02 Block: 313B, 315B, 402, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 499B, 499C Tract: 0102. Block: 202, 203, 205, 206, 207, 208, 209, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312C, 312D, 313C, 314, 315, 316 Tract: 0110.02 Tract: 0110.03 Tract: 0110.04 Tract: 0111.01 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 508, 509, 510, 511, 512, 513, 514, 599B, 599C, 599D, 599E, 599F Tract: 0111.02

Page 358

Tract: 0111.03 Tract: 0111.99 District No. 154 BRYAN Tract 9202 That part of Block 901E which lies south of Georgia State Highway 144. Tract: 9203. Block: 122, 135B, 136, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160B, 161, 162, 163, 168, 169, 170, 171, 172, 173, 175, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 190, 191, 192, 193, 194, 195, 196, 197, 199B, 199C, 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, 233B, 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, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M EVANS LIBERTY Tract: 0101. Block: 901C, 901E, 901F, That portion of Block 901G which lies north and east of Georgia State Highway 144 and Georgia State Highway 119, 901H, 901K, 902, 903, 904, 905, 999A, 999B, 999C, 999D TATTNALL District No. 155 MONTGOMERY TOOMBS WHEELER District No. 156 BEN_HILL IRWIN TURNER Tract: 9701. Tract: 9702. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,

Page 359

223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232A, 232B, 233, 234, 235A, 235B, 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, 281, 282, 283, 284, 285, 286, 290, 291, 292, 294, 295, 296, 297, 299A, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299C, 299C, 299C, 299C, 299C, 299D, 299D, 299D, 299D, 299D, 299D, 299D, 299D, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299E, 299F, 299F, 299F, 299F, 299F, 299F, 309B, 310, 311, 312B, 441, 442, 443, 501, 502, 503, 505A, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 532, 533, 542, 543A, 543B, 544, 545A, 545B, 546A, 546B, 547, 599B, 599C Tract: 9703. Block: 106 WILCOX District No. 157 COLQUITT Tract: 9701. Block: 150, 151A, 151B, 152A, 152B, 153A, 153B, 170, 171A, 171B, 172, 174, 178, 179, 180, 181, 182, 183, 184, 199B, 199B, 199B, 199B, 199B, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 299A, 299A, 299B, 299D Tract: 9703. Block: 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 199F, 199G, 199H, 215A, 216 Tract: 9704. Block: 101, 102, 103, 104, 105, 106, 107A, 107B, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 110A, 110B, 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, 136A, 136B, 137, 138B, 139, 140, 141, 142, 143, 199, 199, 199, 199, 201C, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,

Page 360

229, 230, 231, 232, 233, 234, 235A, 235B, 236B, 237C, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 299A, 299B, 303, 304, 305, 306, 307, 308, 318 Tract: 9706. Block: 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A, 399A Tract: 9707. Block: 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134 Block Group: 2 Block Group: 3 Block: 402A, 403A, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 419A, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628, 629, 630 Tract: 9708. Block: 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Block Group: 3 Block Group: 4 Tract: 9709. Block: 301B, 325A, 325B, 418A, 418B TURNER Tract: 9702. Block: 273, 274, 275, 276, 277, 278, 279, 280, 287, 288, 289, 293, 299C, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 399, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430A, 430B, 431A, 431B, 432, 433, 434, 435, 436, 437, 438A, 438B, 439A, 439B, 440, 444, 445, 499, 499, 499, 504, 505B, 529, 530, 531, 534, 535, 536, 537, 538, 539, 540, 541A, 541B, 548, 549, 599A, 599D, 599E, 599F, 599G, 599H Tract: 9703. Block: 101, 102, 103, 104, 105, 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,

Page 361

135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199B, 199B, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C Block Group: 2 Block Group: 3 WORTH District No. 158 CHATTAHOOCHEE CLAY QUITMAN RANDOLPH STEWART District No. 159 CALHOUN LEE Tract: 0202. Tract: 0203. Block: 114, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 143, 144, 145, 146, 148, 149, 150, 199E Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431A, 431B, 432, 433, 434A, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 485A, 485B, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E, 499F, 499G, 499H, 499J, 499K, 499L, 499M, 499N, 499P, 499Q, 499R, 499S, 499T, 499W, 499X, 499Y, 501, 502, 503, 504, 505A, 506, 507A, 508, 511B, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549, 599A, 599B, 599C, 599D, 599E, 599F

Page 362

MARION SCHLEY TERRELL WEBSTER District No. 160 DECATUR Tract: 9701. Tract: 9702. Tract: 9703. Block Group: 1 Block: 201A, 201B, 202A, 202B, 202C, 203, 204A, 204B, 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, 260A, 260B, 261, 262, 263, 264, 265, 266, 267A, 267C, 268, 269, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284A, 286, 287, 288, 299A, 299B, 299D, 299E, 299F, 299G, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 9704. Tract: 9705. Block: 101, 102, 103, 199H Tract: 9707. Block: 133, 134, 135, 150, 151, 152, 153, 154, 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, 186, 187, 188, 189, 190, 191, 192, 195, 199C, 199D, 199E Block Group: 2 EARLY SEMINOLE District No. 161 BAKER DOUGHERTY Tract: 0011. Tract: 0012. Block: 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 Tract: 0014.02 Block: 103, 104, 105, 106, 111, 112, 113, 207, 208, 209, 210, 212, 213, 215, 216, 217, 218, 219, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233

Page 363

Tract: 0015. Tract: 0104.01 Block: 107B, 109, 110, 111, 112, 113, 208C, 209, 219B, 227, 228, 229, 230, 231, 232, 233, 299 Tract: 0104.02 Block: 103B, 107, 108, 109 Tract: 0104.03 Tract: 0105. Tract: 0106.01 Block: 118, 126 Block Group: 2 Tract: 0106.02 Block Group: 1 Block Group: 2 Block: 301A, 301B, 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, 399A, 399C Block Group: 4 MILLER District No. 162 DOUGHERTY Tract: 0001. Block: 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0002. Tract: 0013. Block: 101A, 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, 199A, 199B Tract: 0014.01 Tract: 0014.02 Block: 101, 102, 107, 108, 109, 110, 114, 214, 221, 235 Tract: 0101. Block: 128A, 129A, 130A, 132, 133, 208A Tract: 0103.01 Block: 101A, 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,

Page 364

146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 199A, 199B, 199C Tract: 0103.02 Tract: 0106.01 Block: 107, 108, 109, 110, 111, 112, 114, 115, 119, 120, 121, 122, 123, 124, 125, 127, 128, 199, 199 Tract: 0106.02 Block: 399B Tract: 0107. Tract: 0108. Tract: 0109. Tract: 0110. Tract: 0111. District No. 163 DOUGHERTY Tract: 0001. Block: 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C Tract: 0003. Tract: 0004. Tract: 0005. Tract: 0006. Tract: 0007. Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0012. Block Group: 1 Block: 201, 202, 203 Tract: 0013. Block: 101B Tract: 0101. Block: 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, 128B, 129B, 130B, 131, 134, 199, 199, 199, 199, 199, 199, 201, 202, 203, 204, 205, 206, 207, 208B, 208C, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0102. Tract: 0103.01 Block: 101B, 102 Tract: 0104.01 Block: 101, 102, 103, 104, 105, 106, 107A, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220, 221, 222, 223, 224, 225, 226 Tract: 0104.02

Page 365

Block: 101, 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199, 199 District No. 164 COLQUITT Tract: 9701. Block: 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290, 299C, 299C, 299C, 299C, 299C, 299C, 299C, 299C, 299C, 299C, 299C, 299C Tract: 9702. Tract: 9703. Block: 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, 199A, 199B, 199C, 199D, 199E, 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 215B, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226A, 226B, 299, 299, 299 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 9706. Block: 302C, 303, 306B, 306C, 307B, 308B, 309, 310, 311, 312, 313, 314B, 315B, 319, 320, 321, 322B, 323, 325, 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, 368, 369, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Tract: 9707. Block: 522B, 523, 626B Tract: 9708. Block: 101, 102, 103, 104, 105, 106, 107, 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, 204, 205, 206, 207, 208, 209, 210 Tract: 9709. Block Group: 1 Block Group: 2 Block: 301A, 301C, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325C, 326, 327, 328, 329, 330, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T, 399U, 399V, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410,

Page 366

411, 412, 413, 414, 415, 416, 417, 418C, 418D, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 499A, 499B, 499C, 499D, 499E, 499F, 499G, 499H, 499J, 499K, 499L, 499M, 499N, 499P, 499Q, 499R, 499T, 499U, 499V, 499W, 499X, 499Y MITCHELL District No. 165 TIFT District No. 166 BERRIEN COLQUITT Tract: 9701. Block: 101, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 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, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 173, 175, 176, 177, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199A, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199D, 199D, 199D, 199D, 201, 202, 203, 204, 205, 293, 294, 295, 296, 297, 299B, 299B, 299B Tract: 9704. Block: 138A, 201A, 201B, 236A, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 301, 302, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 399A, 399B, 399C, 399D, 399E Tract: 9705. Tract: 9706. Block Group: 1 Block Group: 2 Block: 324, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371, 399L, 399M, 399N, 399P Tract: 9707. Block: 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 140, 401, 402B, 403B, 404B, 406B, 415, 416, 417, 418, 419B, 420, 421, 422, 423, 424, 425, 426, 501A,

Page 367

501B, 502, 503, 504, 505, 506, 507, 508, 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 521B, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546, 599A, 599B, 599C, 599D, 599E, 599F COOK District No. 167 ATKINSON COFFEE District No. 168 WARE District No. 169 BACON BRANTLEY CHARLTON Tract: 9901. Block: 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, 151, 156, 157, 158, 159, 160, 161, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 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, 299, 299, 299, 299, 299, 299, 299, 299, 299, 299, 299, 299, 299, 299, 380A, 380B, 381A, 381B, That part of Block 382A lying south of Bay Street extended in a straight line westward to its intersection with the Seaboard Coastline Railroad, 382B, 383, 384, 385, 391, 392, 393A, 393B, 394A, 394B, 395, 396, 397, 399B, 399C, That part of Block 413A lying southwest of Rogers Road extended to its intersection with the City Limits of Folkston, 441, 442, 443, 444, 446, 447, 448, 449, 450, 451, 452, 462, 463, 464, 465A, 465B, 466, 467, 468, 469A, 471A, 472, 479, 480, 481 Tract: 9902. Block: 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172,

Page 368

173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F Block Group: 2 PIERCE District No. 170 APPLING JEFF_DAVIS TELFAIR Tract: 9501. Block: 101D, 158B, 160, 161, 162A, 162B, 163, 164, 165, 166, 167, 168, 169, 170, 171, 199A, 199B, 531, 532, 533, 534C, 535, 547, 548, 549, 550B, 551, 552, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 599B, 599C, 599D, 599E, 599F, 599G Block Group: 6 Tract: 9502. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110B, 111, 112, 113B, 114, 115, 116, 117, 118, 119, 120B, 121, 144B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 199B, 199C Block Group: 2 Tract: 9503. Tract: 9504. WAYNE Tract: 9701. Block: 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, 156, 157, 158, 159, 160, 161, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 199E, 199F, 199G, 199H Block Group: 2 Block: 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, 343, 344, 362, 363, 364, 365, 366, 367, 368, 369, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T, 420 Tract: 9702. Block: 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, Block: 117, 119, 199 Block Group: 2 Block: 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315

Page 369

Tract: 9704. Block: 110, 111, 112, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 161, 162, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 192, 193, 199H, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 District No. 171 LIBERTY Tract: 0101. Block: 901A, 901B, 901D, That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119, 901J LONG WAYNE Tract: 9701. Block: 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 341, 342, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 399A, 399B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 421, 422, 423A, 423B, 424A, 424B, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450A, 450B, 451, 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, 483, 484A, 484B, 485A, 485B, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499, 499, 499, 499, 499, 499, 499 Tract: 9702. Block: 101, 102, 103, 104, 105, 118, 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, 146A, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 301, 302, 316, 317, 318, 319, 320, 321, 322, 323, 324 Block Group: 4 Block Group: 5 Tract: 9703. Tract: 9704. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,

Page 370

126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 157, 158, 159, 160, 163, 164, 165, 166, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199J, 199K, 201, 202, 203, 204, 205, 206, 207, 208, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238, 239A, 239B, 240A, 240B, 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, 266A, 266B, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 299 Block Group: 3 Tract: 9705. Tract: 9706. District No. 172 LIBERTY Tract: 0102. Tract: 0103. Tract: 0104. Tract: 0105. Tract: 0106. District No. 173 GLYNN Tract: 0004. Block: 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, 199A, 199B, 199C, 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, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 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, 289, 290, 291, 292, 299, 299, 382, 383, 384, 385, 386, 387, 388, 389, 390, 399F, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 624, 699A, 699B, 699F, 699G Tract: 0005. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5

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Block Group: 6 Block Group: 7 Block Group: 8 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929C, 929D, 930A, 930B, 930C, 930D, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 999B, 999C, 999D, 999E Tract: 0006. Block: 201, 204, 205, 206, 207, 208, 209, 211, 212, 501 Tract: 0007. Block: 101, 102, 103, 104, 110A, 110B, 110C, 112A, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 199A, 199B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 621A, 623, 624, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 699A, 699B, 714, 715, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 749, 750, 751, 752, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759 Block Group: 8 Tract: 0008. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 548, 549 MCINTOSH District No. 174 GLYNN Tract: 0001. Tract: 0001.99 Tract: 0002. Tract: 0003. Tract: 0004. Block: 126, 127, 128, 199D, 199E, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,

Page 372

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, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E Block Group: 4 Block Group: 5 Block: 601, 602, 623, 625, 626, 627, 628, 699C, 699D, 699E, 699H Tract: 0005. Block: 942, 943, 944, 945, 946, 999A Tract: 0006. Block Group: 1 Block: 202, 203, 210 Block Group: 3 Block Group: 4 Block: 502, 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544, 599, 599 Block Group: 6 Tract: 0007. Block: 105A, 105B, 106, 107, 108, 109, 110D, 111, 112B, 112C, 113, 114, 115, 116, 117, 118, 119C, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621B, 622, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 657, 658, 659, 660, 661, 699C, 699D, 699E, 699F, 699G, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748 Tract: 0008. Block: 216, 238, 239A, 239B, 532, 533, 534, 546, 547 Tract: 0009. Tract: 0010. District No. 175 CAMDEN CHARLTON Tract: 9901. Block: 149, 150, 152A, 152B, 152C, 152D, 152E, 153, 154, 155, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 180C,

Page 373

181A, 181B, 181C, 182A, 182B, 183, 184, 185, 186, 187, 188, 189, 190, 191A, 191B, 191C, 192A, 192B, 193A, 193B, 194A, 194B, 195, 196A, 196B, 196C, 197, 199, 199, 199, 199, 199, 199, 199, 199, 222A, 222B, 222C, 222D, 222E, 223A, 223B, 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, 283, 284, 285, 286, 287A, 287B, 287C, 287D, 287E, 287F, 288, 301, 302, 303A, 303B, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307A, 307B, 308, 309, 310, 311A, 311B, 311C, 312, 313, 314, 315, 316, 317, 318A, 318B, 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, 358A, 358B, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369A, 369B, 370, 371A, 371B, 372, 373, 374, 375, 376A, 376B, 376C, 376D, 376E, 377, 378, 379, That part of Block 382A which lies north of Bay Street extended in a straight line westward to its intersection with the Seaboard Coastline Railroad, 386, 387, 388, 389, 390, 399A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, That part of Block 413A which lies northeast of Rogers Road extended to its intersection with the City Limits of Folkston, 413B, 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, 445, 453, 454, 455, 456, 457, 458, 459, 460, 461, 469B, 470, 471B, 473, 474, 475, 476, 477, 478, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499 Tract: 9902. Block: 101, 110, 111, 112, 115, 116, 199G, 199H District No. 176 CLINCH LANIER LOWNDES Tract: 0101. Block Group: 1 Block: 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 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, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247,

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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, 274A, 274B, 275, 276, 277, 278, 279, 282, 283, 286, 294, 295, 296, 297A, 297B, 299A, 299B, 299C, 299E, 299F, 299G, 299H, 301, 302, 303, 304, 399C, 399D Tract: 0102. Block Group: 1 Block Group: 2 Block: 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, 388, 389, 390, 391, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 499A, 499B, 499C, 499D, 499E, 499F, 499G, 499H, 499J, 499K, 499L, 499M, 499N, 499P Tract: 0104. Block: 101A, 101B, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122A, 122B, 122C, 123A, 123B, 124A, 124B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 199B, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0105. Block: 101, 102, 129 Tract: 0106. Tract: 0107. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 199B, 201, 202A, 202B, 202C, 203, 204B, 207, 401B, 434B, 436B District No. 177 LOWNDES Tract: 0101. Block: 280, 281, 284, 285, 287, 288, 289, 290, 291, 292, 293, 299D, 305A, 305B, 305C, 305D, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 306, 307, 308, 399A, 399B

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Tract: 0103. Tract: 0104. Block: 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 132C, 133, 134A, 134B, 135A, 135B, 136A, 136B, 137, 138A, 138B, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0105. Block: 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, 130, 131, 132, 133, 134, 135 Tract: 0108. Block: 113A, 116A, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 121C, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128A, 128B, 129A, 129B, 130A, 130B, 204A, 204C, 204D, 205, 206A, 206B, 206C, 206D, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Block Group: 3 Block: 401A, 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, 434A, 435, 436A, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529A, 529B, 529C, 529D, 530, 531, 532A, 532B, 533A, 533B, 534A, 534B, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544 Tract: 0109. Block Group: 1 Block Group: 2 Block: 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, 336A, 336B, 337A, 346B, 347A, 347B, 347C, 348, 349, 350, 351 Tract: 0110. Tract: 0111. Tract: 0112. Tract: 0113. Block: 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 109C, 109D, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116A, 117

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Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0114. Block: 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115A, 115B, 115C, 115D, 116A, 116B, 116C, 117, 199A, 199B, 301, 302, 303, 305A, 305C, 306B, 338A, 338B, 338C, 339A, 339B, 339C, 401A, 401B, 401C District No. 178 BROOKS ECHOLS LOWNDES Tract: 0102. Block: 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 399H, 399J, 399K, 399L, 399M, 399N, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 493, 494, 495, 496, 497, 499R, 499T, 499U, 499V, 499W Tract: 0107. Block: 310, 319, 320, 321, 323, 324, 325, 326, 327, 399 Tract: 0108. Block: 115A, 115B, 116B, 135, 136, 137, 199A, 199C, 545, 546A, 546B, 547, 548, 549A, 549B, 549C, 549D, 550A, 550B, 551, 599 Tract: 0109. Block: 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346C Tract: 0113. Block: 116B Tract: 0114. Block: 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124A, 124B Block Group: 2 Block: 304A, 304B, 304C, 305B, 305D, 306A, 306C, 307, 308, 309A, 309B, 309C, 310A, 310B, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336,

Page 377

337, 340, 399A, 399B, 399C, 399D, 399E, 402A, 402B, 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416, 417A, 417B, 417C, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 499, 499, 499, 499 Block Group: 5 Block Group: 6 Tract: 0115. Tract: 0116.98 District No. 179 DECATUR Tract: 9703. Block: 267B, 284B, 285, 299C, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 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, 399A, 399B, 399C, 399D Block Group: 4 Tract: 9705. Block: 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130A, 130B, 131A, 131B, 132, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 199A, 199B, 199C, 199D, 199E, 199F, 199G Block Group: 2 Tract: 9706. Tract: 9707. Block: 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, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 155, 193, 194, 196, 197, 199A, 199B Tract: 9708. GRADY THOMAS Tract: 9608. Block Group: 1 Block: 512A, 512B, 513A, 513B, 514A, 514B, 515, 516, 517, 518A, 518B, 519A, 519B, 520, 521, 522, 523, 524, 525,

Page 378

526, 527, 528, 529A, 529B, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 599A, 599B, 599C, 599D, 599E, 599F, 599G, 599H Tract: 9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 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, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T District No. 180 THOMAS Tract: 9601. Tract: 9602. Tract: 9603. Tract: 9604. Tract: 9605. Tract: 9606. Tract: 9607. Tract: 9608. Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511 Tract: 9609. Tract: 9610. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324, Block: 399U, 399V Tract: 9611. Approved March 28, 1997.

Page 379

GRADUATE MEDICAL EDUCATION STUDY COMMISSION CREATION. No. 4 (House Resolution No. 249). A RESOLUTION Creating the Graduate Medical Education Study Commission; and for other purposes. WHEREAS, the state and federal governments have been the major funders of graduate medical education through their Medicaid program; and WHEREAS, it is conservatively estimated that Medicaid nationally paid $1 billion in federal fiscal year 1995 to teaching hospitals for medical education support; and WHEREAS, managed care organizations and private businesses are not contributing sufficient money or resources towards graduate medical education; and WHEREAS, the changing market and health care environment require a change in the way medical education is reimbursed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a Graduate Medical Education Study Commission to be comprised of 16 members who will serve until January 1, 1998. The member of the commission shall include persons representing medical education, hospital based providers, the health insurance industry, self-insured business, the Department of Medical Assistance, and the public sector. The members of the commission shall be appointed as follows: ten members of the commission shall be appointed by the Governor, one of whom shall be designated as chairperson of the commission; three members shall be appointed by the Speaker of the House of Representatives; and three members shall be appointed by the President of the Senate. The chairperson shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the creation of a Graduate Medical Education Trust Fund. The commission shall determine the conditions, needs, issues, and problems associated with the establishment of such a fund and recommend any actions or legislation which the commission deems necessary or appropriate, including but not limited to: (1) The specific entities which shall contribute to the fund; (2) The method by which contributors make contributions to the fund on an equitable basis; (3) A method for determining the number and type of residency positions for which medical educational funds may be used;

Page 380

(4) The entity which shall administer the fund; (5) Any organizational changes that are needed in existing boards involved with medical education to achieve efficiency and effectiveness; and (6) The method for the use of and distribution of medical educational funds. 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. BE IT FURTHER RESOLVED that the members of the commission who are not state officers, employees, or members of another state board shall receive the allowances authorized for legislative members of interim legislative committees. The funds necessary to pay such allowances to members other than state employees or members of other state agencies or boards shall come from the funds appropriated to the Senate and House of Representatives. Any members of the commission who are state employees and members of other state agencies or boards shall receive no additional compensation for service on the commission but may be reimbursed for expenses incurred in service on the commission from funds appropriated to their respective departments or agencies. BE IT FURTHER RESOLVED that staff support for the commission shall be provided by the Department of Medical Assistance, the Office of Planning and Budget, the Legislative Budget Office, the House and Senate Research Offices, and the Office of Legislative Counsel. The commission may call upon any other professional association, state department, state agency, or individuals to provide such information as the commission may deem necessary. BE IT FURTHER RESOLVED that the commission is authorized to meet for no more than ten days. The commission shall submit a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor and the General Assembly on or before December 15, 1997. The commission shall stand abolished on January 1, 1998. Approved April 4, 1997. PENAL INSTITUTIONS SEXUALLY VIOLENT PREDATORS; REGISTRATION. Code Section 42-1-12 Amended. No. 23 (Senate Bill No. 105). AN ACT To amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term criminal offense against a victim who is a minor to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions; to change the definition of the term sexually violent offense; to require registration for a conviction for any offense which under the laws of this state would require registration; to require those who no longer are considered sexually violent predators to continue to register for a certain period of time; to provide that if a person who is required to register changes his or her address, the person shall be required to furnish such new address to the Georgia Bureau of Investigation not later than ten days after the change of address; to require certain persons changing residence from another state to Georgia to comply with the registration requirements of this state and to require the Georgia Bureau of Investigation to obtain any needed information concerning the registrant; to provide that the Georgia Bureau of Investigation or any sheriff maintaining records of sexually violent predators or certain other convicted persons shall release relevant information that is necessary to protect the public; 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 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, is amended by striking subsections (a), (b), and (i) and inserting in lieu thereof new subsections (a), (b), and (i) to read as follows: (a) As used in this Code section, the term: (1) `Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the sentencing court; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) `Board' means the Sexual Offender Registration Review Board. (3) `Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.

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Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is no considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section. (4) (A) `Criminal offense against a victim who is a minor' means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conduct that by its nature is a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (5) `Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (6) `Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) `Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) `Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who

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suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation until such requirement is terminated under paragraph (2) of subsection (g) of this Code section. (2)(A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired

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term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be rendered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of subparagraph (B) of paragraph (1) of this subsection shall no longer apply to such offender; provided, however, that an individual who is no longer deemed a sexually violent predator shall be required to register under subparagraph (A) of paragraph (1) of this subsection for the time period specified in paragraph (1) of subsection (g) of this Code section. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of subparagraph (B) of paragraph (1) of this subsection.

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(3) (A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, the person shall give the new address to the Georgia Bureau of Investigation not later than ten days after the change of address; (iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the Georgia Bureau of Investigation, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state if the new state has a registration requirement; (iv) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original date required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification.

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(D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address with the designated law enforcement agency with whom the person last registered, and the person shall register with the Georgia Bureau of Investigation not later than ten days after the date of establishing residency in this state. The Georgia Bureau of Investigation shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that resulted in the initial registration requirement. In addition, the Georgia Bureau of Investigation shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing herein shall prevent any sheriff from posting this information in any public building; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion.

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SECTION 2. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. TORTS DRUG DEALER LIABILITY FOR ILLEGAL MARKETING. Code Section 51-1-46 Enacted. No. 24 (Senate Bill No. 80). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to enact the Drug Dealer Liability Act; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code section at the end of said chapter to read as follows: 51-1-46. (a) This Code section shall be known and may be cited as the `Drug Dealer Liability Act.' (b) The General Assembly finds and declares that every community in Georgia is impacted by the marketing and distribution of illegal drugs. The purpose of this Code section is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. Those persons include parents, employers, insurers, governmental entities, and others who pay for drug treatments, as well as infants injured as a result of exposure to drugs in utero. This Code section will enable them to recover from those persons in the community who have joined the illegal drug market. A further purpose of this Code section is to shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that

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market. Another purpose of this Code section is to establish the prospect of substantial monetary loss as a deterrant to those who have not yet entered into the illegal drug distribution market. (c) As used in this Code section, the term: (1) `Controlled substance' means that term as defined by paragraph (4) of Code Section 16-13-21. For the purpose of this Code section, the term `controlled substance' shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (2) `Individual drug abuser' means an individual who uses a controlled substance that is not obtained directly from or pursuant to a valid prescription or order of a practitioner who is acting in the course of the practitioner's professional practice or which use is not otherwise authorized by state law. (3) `Level one participation' means participating in illegal marketing of less than 50 grams of a mixture containing a specified controlled substance or of one or more pounds or 25 or more plants, but less than four pounds or 50 plants, of marijuana. (4) `Level two participation' means participating in illegal marketing of 50 or more grams, but less than 225 grams, of a mixture containing a specified controlled substance or of four or more pounds or 50 or more plants, but less than eight pounds or 75 plants, of marijuana. (5) `Level three participation' means participating in illegal marketing of 225 or more grams, but less than 650 grams, of a mixture containing a specified controlled substance or of eight or more pounds or 75 or more plants, but less than 16 pounds or 100 plants, of marijuana. (6) `Level four participation' means participating in illegal marketing of 650 or more grams of a mixture containing a specified controlled substance or of 16 or more pounds or 100 or more plants of marijuana. (7) `Market area' means the area in which a person is presumed to have participated in illegal marketing of a market area controlled substance. (8) `Market area controlled substance' means a specified controlled substance or marijuana. (9) `Participate in illegal marketing' means doing any of the following in violation of state or federal law: (A) Manufacturing, distributing, or delivering or attempting or conspiring to manufacture, distribute, or deliver, a controlled substance; or

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(B) Possessing or attempting or conspiring to possess a controlled substance with the intent to manufacture, distribute, or deliver a controlled substance. This definition shall not include any licensed practitioner who is acting in the course of the practitioner's professional practice. (10) `Person' means an individual, governmental entity, sole proprietorship, corporation, limited liability company, firm, trust, partnership, or incorporated or unincorporated association existing under or authorized by the laws of this state, another state, or a foreign country. (11) `Practitioner' means that term as defined in paragraph (23) of Code Section 16-13-21. (d)(1) A person injured by an individual drug abuser may bring an action under this Code section for damages against a person who participated in illegal marketing of the controlled substance used by the individual abuser. In an action brought under this Code section, participation in illegal marketing shall be proven by clear and convincing evidence. (2) If a plaintiff in an action under this Code section proves that the defendant participated in illegal marketing of a market area controlled substance actually used by the individual abuser who injured the plaintiff, the defendant is presumed to have injured the plaintiff and to have acted willfully and wantonly if the plaintiff is one of the following: (A) A parent, legal guardian, child, spouse, or sibling of the individual abuser; (B) A child whose mother was an individual abuser while the child was in utero; (C) The individual abuser's employer; or (D) A medical facility, insurer, governmental entity, or other legal entity that financially supports a drug treatment or other assistance program for, or that otherwise expends money or provides unreimbursed service on behalf of, the individual abuser. (e)(1) A plaintiff under paragraph (2) of subsection (d) of this Code section may prove that a defendant participated in illegal marketing of the market area controlled substance used by the individual abuser who injured the plaintiff by proving both of the following: (A) The defendant was participating in the illegal marketing of the market area controlled substance at the time the individual abuser obtained or used that market area controlled substance; and (B) The individual abuser obtained or used the market area controlled substance, or caused the injury, within the defendant's market area.

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(2) If a person participated in illegal marketing of a market area controlled substance, the person's market area for that controlled substance is the following: (A) For level one participation, each county in which the person participated in illegal marketing; (B) For level two participation, each market area described in subparagraph (A) of this paragraph plus all counties with a border contiguous to each of those market areas. (C) For level three participation, each market area described in subparagraph (B) of this paragraph plus all counties with a border contiguous to each of those market areas; and (D) For level four participation, the state. (f)(1) If a defendant under this Code section has a criminal conviction under state or federal law for an act that constitutes participation in illegal marketing of a controlled substance under this Code section, that person is conclusively presumed to have participated in illegal marketing of a controlled substance for the purposes of this Code section. (2) If a defendant is proved or presumed to have participated in illegal marketing of a controlled substance, that defendant is presumed to have participated during the two years before and the two years after the date of the participation or conviction, unless the defendant proves otherwise by clear and convincing evidence. (3) In addition to each county in which a defendant is proved to have actually participated in illegal marketing of a controlled substance, the defendant is presumed to have participated in each county in which the defendant resides, attends school, is employed, or does business during the period of participation. In addition to the counties in which the individual abuser is presumed to have obtained or used the controlled substance, the individual abuser is presumed to have obtained or used the controlled substance in each county in which the individual abuser resides, attends school, or is employed during the period of the individual's abuse of that controlled substance, unless the defendant proves otherwise by clear and convincing evidence. (g)(1) A person who is entitled to a recovery under this Code section may recover economic, noneconomic, and exemplary damages and reasonable attorneys' fees and costs, including, but not limited to, reasonable expenses for expert testimony. (2) A third party shall not pay damages awarded under this Code section or provide a defense or money for a defense on behalf of an insured under a contract of insurance or indemnification.

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(h) A cause of action accrues under this Code section when a person who may recover has reason to know of the harm from use of an illegally marketed controlled substance that is the basis for the cause of action and has reason to know that the controlled substance used is the cause of the harm. (i)(1) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this Code section. (2) On motion by a governmental agency involved in a controlled substance investigation or prosecution, an action brought under this Code section shall be stayed until the completion of the investigation or prosecution that gave rise to the motion for a stay of the action. (3) An action shall not be brought under this Code section against a law enforcement officer or agency or a person acting in good faith at the direction of a law enforcement officer or agency for participation in illegal marketing of a controlled substance if that participation is in furtherance of an official investigation. (j)(1) Two or more persons may join in one action under this Code section as plaintiffs if their respective [Illegible Text] have at least one market area of illegal marketing activity in common. (2) Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff. (3) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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LOCAL GOVERNMENT COUNTY LAW LIBRARIES; FUNDS; CODIFICATION OF COUNTY ORDINANCES; EXCESS FUNDS USED FOR CIVIL LEGAL AID; MUNICIPAL COURTS JURISDICTION OVER MISDEMEANORS IN CONSOLIDATED CITIES-COUNTIES. Code Sections 36-15-1, 36-15-7, and 36-15-9 Amended. Code Section 36-32-10.2 Enacted. No. 27 (House Bill No. 54). AN ACT To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change the provisions relating to the membership of the boards of trustees of county law libraries; to provide for the establishment and maintenance of county ordinance codes; to provide for funding for codification of county ordinances; to provide for a maximum cost for each action or case; to authorize the board of trustees of a county law library to grant excess county law library funds to charitable tax exempt organizations which provide civil legal representation for low-income people; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction in municipal courts of unified or consolidated governments over misdemeanors if certain conditions are met; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking in its entirety Code Section 36-15-1, relating to the board of trustees of the county law library, and inserting in lieu thereof a new Code section to read as follows: 36-15-1. There is created in each county in this state a board to be known as the board of trustees of the county law library, hereafter referred to as the board. The board shall consist of the chief judge of the superior court of the circuit in which the county is located, the judge of the probate court, the senior judge of the state court, if any, a solicitor-general of the state court, if any, the clerk of the superior court, and two practicing attorneys of the county. The practicing attorneys shall be selected by the other trustees and shall serve at their pleasure. All of the trustees shall serve without pay. The chief judge of the superior court shall be chairperson of the board. A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board.

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SECTION 2. Said chapter is further amended by striking in their entirety subsections (a) and (c) of Code Section 36-15-7, relating to funding of county law libraries, and inserting in lieu thereof new subsections to read as follows: (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, and, upon request of the county governing authority and consent of the chairperson of the board of trustees of the county law library, for the establishment and maintenance of the codification of county ordinances. (c) In the event the board of trustees determines in its discretion that it has excess funds, such funds as may be designated by the board of trustees shall be granted to charitable tax exempt organizations which provide civil legal representation for low-income people. Any remaining excess funds shall be turned over to the county commissioners, and said funds shall be used by the county commissioners for the purchase of fixtures and furnishings for the courthouse. SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-15-9, relating to funding of county law libraries, and inserting in lieu thereof a new subsection (a) to read as follows: (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, field in the superior, state, probate, and any other courts of record, except county recorders' courts or municipal courts other than municipal courts of a unified or consolidated government that have been given jurisdiction as provided in Code Section 36-32-10.2. 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 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

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brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. 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 chapter is further amended by inserting at the end of Code Section 36-15-9, relating to funding of county law libraries, a new subsection (g) to read as follows: (g) In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit may direct that the fees authorized by this Code section be charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. The clerk of each and every court in such counties in which costs are collected for the purpose of carrying out the provisions of this subsection shall remit the same to the county governing authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. 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 5. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding immediately following Code Section 36-32-10.1 a new Code Section 36-32-10.2 to read as follows: 36-32-10.2. (a) Notwithstanding any other provision of law to the contrary and in addition to any other jurisdiction conferred by law, the municipal court of any government which has been created through the unification or consolidation of county and city governments is granted jurisdiction to try and dispose of any misdemeanor violation of the laws of this state punishable as set forth in Code Sections 17-10-3 and 17-10-4, provided that the following conditions are and continue to be met:

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(1) The chief judge of said court must be full time and a resident of the county wherein such municipal court is located, and each judge of said court must be a member in good standing of the State Bar of Georgia and must have been such a member for a minimum of three years before becoming judge; (2) The prosecuting attorney for that court having general misdemeanor jurisdiction in the county wherein any alleged misdemeanor violation occurs must consent to be the prosecuting attorney of such municipal court and must be authorized and made by ordinance the prosecuting attorney of such court; and (3) Provision must be made for the availability of general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation, as set forth in Code Section 42-8-102 or as otherwise provided by law. The jurisdiction of such munitipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any defendant charged with any misdemeanor violation pursuant to this Code section at any time before trial or before the entry of a plea of guilty or nolo contendere shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. In addition, no such municipal court described in this Code section shall have the power to dispose of such misdemeanor cases as provided in this Code section unless the defendant shall first waive in writing a trial by jury. (c) A person convicted of any misdemeanor violation in municipal court pursuant to this Code section shall be punished as provided in the provision of law for which such person was convicted or as provided by any other applicable Code section. (d) The prosecuting attorney of a municipal court of a unified or consolidated government shall have no less authority and discretion in the prosecution of such misdemeanor violations as he or she would if the same were otherwise prosecuted in that court having general misdemeanor jurisdiction. (e) Any judge of a state court or a magistrate court of the county in which a municipal court of a unified or consolidated government is located may be authorized and made by ordinance the chief judge or any judge of said municipal court so long as he or she consents to same and fulfills the qualifications of paragraph (1) of subsection (a) of this Code section. (f) Any fines and forfeitures arising from the prosecution of cases pursuant to this Code section shall be retained by the unified or

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consolidated government and shall be paid into the treasury of such government. (g) It shall be the duty of the appropriate agencies of the unified or consolidated government, within the limits of which an offense under subsection (a) of this Code section occurred, to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35 or as otherwise required by law. SECTION 6. (a) Except as provided by subsection (b) or (c) of this section, this Act shall become effective on the first day of July following the approval of this Act by the Governor or upon its becoming law without such approval. (b) Subsection (c) of amended Code Section 36-15-7, as set out in Section 2 of this Act, shall become effective on the first day of January following the approval of this Act by the Governor or its becoming law without such approval. (c) Notwithstanding Code Section 1-3-4.1, Section 5 of this Act is effective upon the approval of this Act by the Governor or upon becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. REVENUE AND TAXATION INTERNAL REVENUE CODE DEFINED. Code Section 48-1-2 Amended. No. 29 (House Bill No. 83). 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Public Revenue Code, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1997. 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, 1997, 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, 1997. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1997, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. ALCOHOLIC BEVERAGES FARM WINERIES; SALES FOR CONSUMPTION ON PREMISES. Code Section 3-6-21.3 Enacted. No. 30 (House Bill No. 93). AN ACT To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, so as to provide for additional licensing authority of the state revenue commissioner; to authorize any farm winery to sell its wines and to make sales of alcoholic beverages for consumption on the premises at certain facilities located at or on property contiguous to the farm winery; to provide for definitions; to provide for conditions and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements for the distribution and sale of wine, is amended by adding a new Code section immediately following Code Section 3-6-21.2, to be designated Code Section 3-6-21.3, to read as follows: 3-6-21.3. (a) As used in this Code section, the term: (1) `Affiliate' means any person controlling, controlled by, or under common control with the farm winery. (2) `Farm winery' means a farm winery as defined in Code Section 3-6-21.1, as amended. (b)(1) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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ALCOHOLIC BEVERAGES SHIPMENTS FROM OUT OF STATE DIRECTLY TO CERTAIN PERSONS IN STATE PROHIBITED. Code Sections 3-3-31 and 3-3-32 Enacted. No. 31 (House Bill No. 119). AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide for legislative intent; to provide for a prohibition on the shipment of alcoholic beverages by persons in another state or country to unauthorized persons in this state; to provide for a penalty; to provide for an exception; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, is amended by adding at the end thereof two new Code sections to read as follows: 3-3-31. The General Assembly finds, determines, and declares that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of this state in violation of this title poses a serious threat to the public health, safety, revenue, and the economy of Georgia. The General Assembly further finds, determines, and declares that the present penalties for illegal direct shipments of alcoholic beverages to residents of this state are inadequate to ensure compliance with the provisions of this title and that the measures provided for in Code Section 3-3-32 are fully consistent with the powers conferred upon the state of Georgia by the Twenty-first Amendment to the Constitution of the United States. 3-3-32. (a) Any person in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ships or causes to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by the state of Georgia is in violation of this chapter. (b) Any person found by the commissioner to be in violation of subsection (a) of this Code section shall be issued a cease and desist order by certified mail. Any person who, after receiving a cease and desist order, is found by the commissioner to be in violation of

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subsection (a) of this Code section for a second or subsequent occurrence, within a two-year period of the first violation, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00. This subsection shall not apply to any person who has registered brands for sale with the commissioner pursuant to Code Section 3-4-152, 3-5-31 or 3-6-22 and who shall have current licenses and posted adequate surety bonds as required by this title; provided, however, violations of the provisions of subsection (a) of this Code section shall constitute grounds for the commissioner to take appropriate administrative action against such person, including suspension or cancellation of license and forfeiture of bonds. (c) This Code section shall not apply to the direct shipment of sacramental alcoholic beverages to bona fide religious organizations as authorized by the commissioner. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. ELECTIONS STATE-WIDE REFERENDA QUESTIONS; SUMMARY OR EXPLANATION. Code Section 21-1-2 Amended. No. 32 (House Bill No. 128). AN ACT To amend Code Section 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, publicizing, and distribution of the summary of proposed amendments to Constitution of Georgia, so as to provide that the Secretary of State shall be authorized to include with such summary a summary or explanation of state-wide referenda questions and other explanatory materials; 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 21-1-2 of the Official Code of Georgia Annotated, relating to the preparation, printing, publicizing, and distribution of the summary of

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proposed amendments to Constitution of Georgia, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) The summary of general amendments to the Constitution of Georgia prepared by the Attorney General, the legislative counsel, and the Secretary of State pursuant to Article X, Section I, Paragraph II of the Constitution of Georgia shall be printed by the Secretary of State in sufficient quantities to make available a copy of such summary to any interested citizen requesting a copy. In preparing the summary provided by this provision of the Constitution of Georgia, the Attorney General, the legislative counsel, and the Secretary of State shall provide an explanation of each proposed general amendment to the Constitution of Georgia in language free of legalistic and technical terms, to the end that the summary may be read and understood by the majority of citizens of this state. The Secretary of State shall be authorized to include with such summary, as a part of the same document, a summary or explanation of any state-wide referendum questions to be voted on at the same general election and any other explanatory materials as may be deemed appropriate by the Secretary of State. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. AGRICULTURE APPLICATIONS FOR REGISTRATION, LICENSING, OR PERMITS. Code Section 2-5-4.1 Enacted. Code Section 2-5-5 Amended. No. 33 (House Bill No. 130). AN ACT To amend Chapter 5 of Title 2 of the Official Code of Georgia Annotated, known as the Department of Agriculture Registration, License, and Permit Act, so as to authorize the Department of Agriculture to accept applications either in writing or through available electronic media approved by the Commissioner; to authorize the payment and acceptance of fees in any manner, including electronic fund transfers, approved by the Commissioner; to provide that any person applying for registration, a license, or a permit must be 18 years of age or older; to provide for an additional ground for the denial of registration, a license, or a permit; 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 2 of the Official Code of Georgia Annotated, known as the Department of Agriculture Registration, License, and Permit Act, is amended by adding a new Code Section 2-5-4.1 to read as follows: 2-5-4.1. The department is authorized to accept applications either in writing or through available electronic media approved by the Commissioner. The payment of fees and the acceptance of such fees by the department may be accomplished in any manner, including electronic fund transfers, approved by the Commissioner. SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 2-5-5, relating to grounds for the denial of registration, a license, or a permit and hearings related thereto, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Commissioner may deny registration, a license, or a permit to: (1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; or (4) Any person who is less than 18 years of age on the date of his or her application. SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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PROFESSIONS AND BUSINESSES RESPIRATORY CARE PROFESSIONALS; CONTINUING EDUCATION. Code Section 43-34-3 Amended. No. 34 (House Bill No. 138). AN ACT To amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide for continuing education requirements for respiratory care professionals; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a)(1) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals. (2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennally for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143.

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SECTION 2. This Act shall become effective July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. STATE GOVERNMENT ADMINISTRATIVE PROCEDURE; AGENCY DEFINED; DEPARTMENT OF REVENUE; HEARINGS RELATED TO ALCOHOLIC BEVERAGES. Code Section 50-13-2 Amended. No. 35 (House Bill No. 171). AN ACT To amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Administrative Procedure Act, so as to redefine the term agency as it relates to the Department of Revenue; 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 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Administrative Procedure Act, is amended by striking paragraph (1) of said Code section and inserting in lieu thereof the following: (1) `Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term `agency' shall include

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the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. PROFESSIONS AND BUSINESSES REAL ESTATE APPRAISERS; REGULATION; CLASSIFICATION. Code Title 43, Chapter 3A Amended. No. 36 (House Bill No. 172). AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Classification and Regulation Act, so as to change the definition of a certain term; to change the provisions relating to requirements for nonresident applicants; to provide that any instructor approved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board; to provide that the Georgia Real Estate Appraisers Board is authorized to enter into such contracts as are necessary to carry out its duties; to provide for contracts for investigations; to provide that such board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required by law; to change the penalties for violations of said chapter; to provide that if an appraiser is in violation of certain provisions of said chapter, such board may revoke any appraiser classification issued to the appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; to change certain penalty provisions; to provide that performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken shall be a violation of standards of conduct under such chapter; to provide for the deposit of certain funds in the state treasury; to provide for construction; to provide for compliance with certain budgetary laws; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Classification and Regulation Act, is amended by striking paragraph (14) of Code Section 43-39A-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (14) to read as follows: (14) `Real estate' means condominiums and leaseholds as well as any other interest or estate in land, whether corporal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. Such term also includes any structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units when such a structure is affixed to land. SECTION 1.1. Said chapter is further amended by striking paragraph (3) of subsection (c) of Code Section 43-39A-9, relating to requirements for nonresident applicants and temporary permits, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Providing any documentation required by the board of the applicant's classification in any other state and copies of the records of any disciplinary actions taken against the applicant's appraiser classification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of an appraiser classification to a nonresident or for suspension or revocation of the appraiser classification issued to a nonresident; SECTION 2. Said chapter is further amended by striking subsection (j) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof a new subsection (j) to read as follows: (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, and any

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instructor approved to teach any of such courses shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee. SECTION 3. Said chapter is further amended by striking Code Section 43-39A-13, relating to the power of the Georgia Real Estate Appraisers Board to regulate the issuance of appraiser classifications, and inserting in lieu thereof a new Code Section 43-39A-13 to read as follows: 43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for appraiser classifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the board 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 funds. SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 43-39A-18, relating to penalties for violations of such chapter, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any appraiser classification issued under this chapter; to revoke any appraiser classification issued to an appraiser under this chapter and simultaneously to issue such appraiser a classification with more restricted authority to conduct appraisals; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever an appraiser classification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; (6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board;

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(9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the appraiser classification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity; (17) Providing an oral appraisal report in a federally related transaction; (18) Utilizing the services of any person in other than a ministerial capacity in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal if such person's appraiser classification

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is suspended or revoked or if such person does not hold an appraiser classification; or (19) Performing or attempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. PROFESSIONS AND BUSINESSES REAL ESTATE BROKERS AND SALESPERSONS; APPROVED SCHOOLS; OUT-OF-STATE LICENSEES; AGREEMENTS WITH OUT-OF-STATE BROKERS; REGULATORY AUTHORITY; COLLECTION FEES. Code Sections 43-40-8, 43-40-9, and 43-40-14 Amended. No. 37 (House Bill No. 173). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required under said chapter; to change the provisions relating to nonresident licenses; to repeal a certain provision relating to agreements between a licensed Georgia broker and the licensed broker of another state; to provide that when a licensed broker of another state is acting only as a referral agent and is not involved in real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state; to provide that the Georgia Real Estate Commission is authorized to enter into such contracts as are necessary to carry out its duties; to provide for contracts relating to investigations and examinations of brokers' trust accounts; to provide that such commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required by law; to provide for the deposit of certain funds in the state treasury; to provide for construction; to provide for compliance with certain budgetary laws; to

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provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsection (i) of Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new subsection (i) to read as follows: (i) The commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required by this chapter. The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. SECTION 1.1. Said chapter is further amended by striking paragraph (5) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Provide any documentation required by the commission of the applicant's licensure in any other state and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident; SECTION 2. Said chapter is further amended by striking subsection (e) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection,

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a `licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The Georgia broker shall maintain for at least three years after its expiration date a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide: (A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia; (B) How the brokers will divide any earned commissions; (C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; (E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (F) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission; that said contract, agreement, or offer shall be construed under Georgia law; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; (G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (H) Such other matters as the commission may require by rule and regulation. (2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees. (3) Notwithstanding any other provision of this chapter, when a licensed broker of another state is acting only as a referral agent which

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involves only the mere referral of one person to another and such referring broker is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or any other real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state. SECTION 3. Said chapter is further amended by striking Code Section 43-40-14, relating to the power of the Georgia Real Estate Commission to issue, revoke, or suspend licenses and censure licensees, and inserting in lieu thereof a new Code Section 43-40-14 to read as follows: 43-40-14. The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers' trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other extraordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contractor used by the commission shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary decision that the commission is authorized by law to make. Notwithstanding any other provision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission 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 funds.

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. CRIMES AND OFFENSES THEFT BY CONVERSION; PERSONAL PROPERTY; REPLACEMENT COSTS. Code Section 16-8-4 Amended. No. 38 (House Bill No. 178). AN ACT To amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term personal property as used in said Code section; to provide for the payment of replacement costs and interest; to provide for the collection and payment of moneys; to provide for requirements for the termination of probation; to provide for the establishment of replacement costs; to provide for the reimbursement of certain expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, is amended by striking paragraph (1) of subsection (c) of said Code section and inserting in lieu thereof a new paragraph (1) 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, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture. SECTION 2. Said Code section is further amended by adding at the end of subsection (c) new paragraphs (3), (4), and (5) to read as follows: (3) In the event that any personal property is not returned as provided for in the lease or rental agreement and the court orders the

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lessor or renter to pay replacement costs, replacement costs shall include but not be limited to: (A) The market value of the personal property. The market value shall be established by the owner of the property by providing from a supplier of such or reasonably similar personal property a current quotation of the value of the personal property which is of like quality, make, and model of the personal property being replaced. The value to be awarded shall be the higher of: (i) The value on the date when the conversion occurred; or (ii) The value on the date of the trial; (B) All rental charges from the date the rental agreement was executed until the date of the trial or the date that the property was recovered, if recovered; and (C) Interest on the unpaid balance each month at the current legal rate from the date the court orders the lessor or renter to pay replacement costs until the date the judgment is satisfied in full. (4) If as a part of the order of the court the lessor or renter is placed on probation, supervision of said probation shall not be terminated until all replacement costs, fees, charges, penalties, interest, and other charges are paid in full. All payments relative to this Code section shall be made to the appropriate court of jurisdiction and the court shall make distribution to the owner within 30 days of receipt thereof. (5) In the event that the owner incurs any expenses in the process of locating a lessor or renter who did not return any personal property according to the lease or rental agreement, the court shall provide that the lessor or renter reimburse the owner for those expenses which may include, but not be limited to, credit reports, private detective fees, investigation fees, fees charged by a law enforcement agency for such services as police reports, background checks, fees involved with swearing out a warrant for incarceration, and any other bona fide expenses. SECTION 3. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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COMMERCE AND TRADE ANTIFREEZE; TEST REPORTS. Code Section 10-1-203 Amended. No. 39 (House Bill No. 182). AN ACT To amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to change the provisions relating to the inspection of antifreeze samples; to provide for the submission of current certified test reports; to provide for the issuance of licenses or permits; to provide for the revocation or submission of licenses or 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. Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, is amended by striking Code Section 10-1-203, relating to inspection of antifreeze sale and annual licenses to sell, and inserting in lieu thereof a new Code Section 10-1-203 to read as follows: 10-1-203. Before any antifreeze shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a current certified test report thereof prepared by an independent laboratory recognized by the Department of Agriculture to do such testing must be submitted and evaluated under the supervision of the state oil chemist in the Department of Agriculture. Under application of the manufacturer or packer or distributor, submission of container label and the payment of a license fee of $25.00 for each brand or type of antifreeze submitted, the state oil chemist shall evaluate the test report so submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Commissioner of Agriculture, and if the antifreeze is not a type or kind that is in violation of this part, the Commissioner shall issue the applicant a written license or permit authorizing the wholesale and retail sale by the applicant and by others of such antifreeze in this state for the fiscal year in which the license is issued, which license or permit shall be subject to renewal annually. If the Commissioner shall find at a later date that the antifreeze product or substance to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated or that a change has been made in the name, brand, or trademark under which the antifreeze is sold or that it violates this part, the Commissioner is authorized to revoke or suspend the license or permit issued under this part of the licensee found in

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violation of this part after notice and hearing before the Commissioner. No license or permit for the sale of antifreeze in this state shall be issued until the application, fee, and label submission have been made as provided by this part, the certified test report has been evaluated by the state oil chemist, and the state oil chemist notifies the Commissioner of Agriculture that said antifreeze meets the requirements of this part. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES CRIMINAL JUSTICE COORDINATING COUNCIL; MEMBERSHIP. Code Section 35-6A-3 Amended. No. 40 (House Bill No. 187). AN ACT To amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the composition of said council; to provide for the effective date of membership of the director of the Georgia Indigent Defense Council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by striking Code Section 35-6A-3, relating to the membership of the Criminal Justice Coordinating Council, and inserting in lieu thereof a new Code Section 35-6A-3 to read as follows: 35-6A-3. (a) The Criminal Justice Coordinating Council shall consist of 24 members and shall be composed as follows: (1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorney's Council, the commissioner of corrections, the chairman of the Board of Corrections, the

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vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the director of the Georgia Indigent Defense Council, the chairman of the Children and Youth Coordinating Council, and the commissioner of the Department of Children and Youth Services or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; (2) Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The director of the Georgia Indigent Defense Council shall be a member effective on July 1, 1997. (d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSING; LICENSE PLATES ISSUED TO VEHICLE OWNER INSTEAD OF ASSIGNED TO VEHICLE; LICENSE PLATES TO BE TRANSFERRED BETWEEN VEHICLES SUCCESSIVELY OWNED BY SAME PERSON; AD VALOREM TAXATION OF MOTOR VEHICLES. Code Title 40 Amended. Code Title 48 Amended. No. 42 (House Bill No. 205). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; provide that license plates and revalidation decals shall be issued to vehicle owners instead of assigned to vehicles; to provide that license plates and revalidation decals shall be transferred between vehicles in certain circumstances; to change certain provisions relating to operation of a vehicle with improperly transferred plates; to change certain provisions relating to operation of unregistered vehicles; to change certain provisions relating to motor vehicle registration and license requirements; to change certain provisions relating to license plates and revalidation decals; to change certain provisions relating to display of license plates; to change certain provisions relating to registration of delinquent vehicles; to change certain provisions relating to issuance of license plates; to change certain provisions relating to transfer of license plates and revalidation decals; to change certain provisions relating to issuance of license plates or revalidation decals for salvage or rebuilt vehicles; to change certain provisions relating to special, distinctive, commemorative, promotional, and prestige license plates; to change certain provisions relating to transfer of special license plates; to change certain provisions relating to issuance and replacement of certificates of registration; to change certain provisions relating to permanent registration and license plates for certain trailers; to change certain provisions relating to special license plates for leased or rented trailers; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to effect of actions taken to avoid payment of taxes; to define certain terms; to change certain provisions relating to motor vehicles subject to ad valorem taxation; to change certain provisions relating to ad valorem taxation of motor vehicles owned by dealers; to change certain provisions relating to returns for ad valorem taxation of motor vehicles; to change certain provisions relating to what constitutes return of motor vehicles for ad valorem taxation; to change certain provisions relating to transfers of annual motor vehicle license fees, licenses, and plates; to change certain provisions relating to rate of annual license fee for certain vehicles registered during specified parts of the year; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (39) of Code Section 40-1-1, relating to definitions, and inserting in its place the following: (39) `Owner' means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title. SECTION 2. Said title is further amended by striking Code Section 40-2-6, relating to alteration of license plates or operation of a vehicle with altered or improperly transferred plates, and inserting in its place the following: 40-2-6. Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor. SECTION 3. Said title is further amended by striking subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles, and inserting in its place the following: (b) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a used vehicle may

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operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and license requirements, and inserting in its place 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, except as provided in paragraph (3) of this subsection, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. 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 last certificate of registration on such vehicle at the time of such sale or transfer; 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 provide the certificate of registration for such vehicle, but such a person or entity other than a lessor shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner

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or the county tag agent by personal delivery or by certified mail for cancellation. SECTION 5. Said title is further amended by striking Code Section 40-2-21, relating to registration periods, and inserting in its place the following: 40-2-21. (a) As used in this chapter, the term: (.1) `Initial registration period' means the 30 day period immediately following the date of purchase or other acquisition of a new or used motor vehicle, including tractors and motorcycles, or trailer. (.2) `Owner' has the meaning provided by paragraph (39) of Code Section 40-1-1 except that such term shall mean a lessee of a vehicle when the vehicle is operated under a lease agreement. (1) `Registration period' means: (A) In all counties except those for which a local Act has been enacted pursuant to this Code section: (i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C or D; (III) The month of March for the owner whose name begins with the letter E or F; (IV) The month of April for the owner whose name begins with the letter G or H; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M or N; (VIII) The month of August for the owner whose name begins with the letter O or P;

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(IX) The month of September for the owner whose name begins with the letter Q or R; (X) The month of October for the owner whose name begins with the letter S or T; (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons: (I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K; (III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and

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(IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (C)(i) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. (ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons. For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88. (2) `Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. (b) The owner of every vehicle registered in the previous calendar year shall register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. (c) The owner of any vehicle registered in the previous calendar year who moves his or her residence from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration shall register and obtain a license to operate such vehicle prior to the last day of such new registration period or, if such registration period has passed for that year at the time of the change of residence, not later than 30 days following the date of the change of residence. (d) The transferee owner of a new or used vehicle shall register and obtain or transfer a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. (e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered

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registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the Department of Revenue. SECTION 6. Said title is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, and inserting in its place the following: 40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall issue to the applicant a license plate bearing a distinctive number. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years. (b.1) Any valid license plate or revalidation deal assigned to a vehicle under former provisions of this Code section prior to the effective date of this subsection shall be deemed issued to the current registrant of such vehicle on the effective date of this subsection. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the night-time visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant

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is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. (f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal. SECTION 7. Said title is further amended by striking subsection (d) of Code Section 40-2-32, relating to special license plates commemorating a college or university, and inserting in its place the following: (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, 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 shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-42. SECTION 8. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, and inserting in its place the following: (2) Reserved. SECTION 9. Said title is further amended by striking subsection (a) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in its place the following:

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(a) The owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, after the expiration of the owner's registration period, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within an initial registration period. SECTION 10. Said title is further amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in its place the following: 40-2-41. Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor. SECTION 11. Said title is further amended by striking Code Section 40-2-42, relating to transfer of license plates and revalidation decals, and inserting in its place the following: 40-2-42. (a) A license plate or revalidation decal, when issued, shall be transferred from one vehicle to another vehicle of the same class acquired by the same person as provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter. (b) The commissioner shall provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $5.00, and, upon

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preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals shall be transferred from one vehicle to another vehicle of the same class of which ownership is subsequently acquired by the same person upon that person's transfer of the vehicle for which such plate was originally issued. If upon transfer of a vehicle a person acquires a vehicle of a different class, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new vehicle, the commissioner shall issue a new license plate to such person for use on such vehicle. License plates and revalidation decals shall be transferred only during the period for which issued. SECTION 11A. Said title is further amended by striking Code Section 40-2-43, relating to issuance and replacement of certificates of registration, and inserting in its place the following: 40-2-43. Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registration for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commissioner, upon receipt of an application and a fee of $1.00, shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registration, the county tag agent may issue the duplicate registration certificate and may retain the application fee as compensation for issuing such duplicate certificate of registration. SECTION 12. Said title is further amended by striking Code Section 40-2-45, relating to issuance of license plates or revalidation decals for salvage or rebuilt vehicles, and inserting in its place the following: 40-2-45. No person shall transfer a license plate or decal from one vehicle to any other motor vehicle which is a `salvage' or `rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law.

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SECTION 12A. Said title is further amended by striking Code Section 40-2-47, relating to permanent registration and license plates for certain trailers, and inserting in its place the following: 40-2-47. (a) Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer including any leased or rented trailer and including single pole and twin-beam trailers and other trailers used in commercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property 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; provided, however, that boat trailers, utility trailers, and noncommercial cattle and livestock trailers shall not qualify for such permanent registration and license plate. 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 during the period of December 1 to February 15. (b) As used in this Code section, the term leased or rented trailer' means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers. SECTION 13. Said title is further amended by striking subsection (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Protection Program, and inserting in its place the following: (g) Wildlife conservation fund license plates shall be transferred from one vehicle to another subsequently acquired vehicle in accordance with the provisions of Code Section 40-2-42. SECTION 14. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for certain officers of federal and state government, and inserting in its place the following:

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40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. SECTION 15. Said title is further amended by striking Code Section 40-2-62, relating to special license plates for members of the General Assembly, and inserting in its place the following: 40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80.

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SECTION 16. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-2-65, relating to special license plates for active reserve components of the United States, and inserting in its place the following: (b)(1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the `United States military reserve' and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate. SECTION 17. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, and inserting in its place the following: (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard' and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard

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after purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of the commanding officer'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. SECTION 18. Said title is further amended by striking subsection (b) of Code Section 40-2-67, relating to special license plates for state commanders of nationally chartered veterans' organizations, and inserting in its place the following: (b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80, except that such plates shall not be used by any person after vacating the office of commander of any of the organizations enumerated in this Code section. SECTION 19. Said title is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor Winners, and inserting in its place the following: (a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle subsequently acquired by the Medal of Honor recipient as provided in Code Section 40-2-80. SECTION 20. Said title is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place the following: 40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who

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is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle subsequently acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section. SECTION 21. Said title is further amended by striking subsection (b) of Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, and inserting in its place the following: (b) Such license plates so issued shall be transferred to another vehicle subsequently acquired by such disabled veteran as provided in Code Section 40-2-80. SECTION 22. Said title is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, and inserting in its place the following: (b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate

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taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates shall be transferred to another vehicle subsequently acquired by such person individually or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles. SECTION 23. Said title is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in its place the following: (e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80. SECTION 24. Said title is further amended by striking subsection (c) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in its place the following: (c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be transferred to another vehicle subsequently acquired by such person as provided in Code Section 40-2-80. SECTION 25. Said title is further amended by striking subsection (e) of Code Section 40-2-77, relating to special license plates for antique vehicles, and inserting in its place the following: (e) Upon the sale or transfer of any antique vehicle or hobby or special interest vehicle for which special license plates have been issued to a person and the subsequent acquisition of another antique or hobby or special interest vehicle by the same person, the plates shall be transferred to the subsequently acquired vehicle as provided by Code Section 40-2-80. SECTION 26. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-2-78, relating to special license plates for firefighters, and inserting in its place the following: (b)(1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner

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thereof as a certified firefighter and acquisition by the certified firefighter of another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. SECTION 26A. Said title is further amended by striking Code Section 40-2-79, relating to special license plates for leased or rented trailers, and inserting in its place the following: 40-2-79. Reserved. SECTION 27. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, and inserting in its place the following: 40-2-80. The commissioner shall provide by rules and regulations appropriate procedures whereby, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article shall be transferred to another vehicle of which ownership is subsequently acquired by the same person upon that person's transfer of the vehicle for which such plate was originally issued. SECTION 28. Said title is further amended by striking Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, and inserting in its place the following: 40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such special or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle. (b) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent joint acquisition of a motor vehicle in the names of the person who is authorized to obtain such special or prestige license plate pursuant to this article and the same other previous joint owner, the license plate shall be transferred as provided by Code Section 40-2-80.

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(c) If any resident person who is authorized to obtain a special or prestige license plate and who has been issued a special or prestige plate for a jointly owned vehicle dies or for any other reason is no longer a joint owner of such vehicle, the surviving owner of such vehicle shall surrender the license plate to the commissioner and shall obtain a regular license plate or some other type of special or prestige license plate upon complying with the motor vehicle laws relating to registration, licensing, and fees. SECTION 29. Said title is further amended by striking subsection (d) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in its place 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 shall 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 the qualifying veteran's death or acquired thereafter, so long as such person does not remarry. SECTION 30. Said title is further amended by striking subsection (d) of Code Section 40-2-85, relating to license plates for veterans who survived Pearl Harbor, and inserting in its place 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 shall 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

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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 31. Said title is further amended by striking subsection (d) of Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in its place 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 shall 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 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 32. Said title is further amended by striking subsection (b) of Code Section 40-2-86, relating to special license plates for emergency medical technicians, and inserting in its place the following: (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section and acquisition by the emergency medical technician of another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. SECTION 33. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-2-61, relating to effect of actions taken to avoid payment of taxes, and inserting in its place the following: (a) All deeds of gift, mortgages, sales, transfers of titles to motor vehicles, and assignments of property of any kind made to avoid payment

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of taxes and all judgments procured for the purpose of avoiding payment of taxes shall be null and void. SECTION 34 Said title is further amended by striking Code Section 48-5-440, relating to definitions of certain terms for purposes of ad valorem taxation of motor vehicles and mobile homes, and inserting in its place the following: 48-5-440. As used in this article, the term: (1) `Antique or hobby or special interest motor vehicle' means a motor vehicle which is 25 years old or older as indicated by the model year or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle. (2) `Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this state for use by the school in a program of driver education when the assignment is authorized and approved by the local board of education. (2.1) `Initial registration period' has the same meaning as provided in paragraph (.1) of subsection (a) of Code Section 40-2-21. (3) `Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. (4) `Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state. (5) `Owner' has the same meaning as provided in paragraph (.2) of subsection (a) of Code Section 40-2-21. (6) `Registration period' has the same meaning as provided in paragraph (1) of subsection (a) of Code Section 40-2-21. SECTION 35. Said title is further amended by striking Code Section 48-5-471, relating to motor vehicles subject to ad valorem taxation, and inserting in its place the following: 48-5-471. Every motor vehicle owned in this state by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose

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an ad valorem tax on property as provided in Code Section 48-5-473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property as provided in Code Section 48-5-473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. SECTION 36. Said title is further amended by striking subsection (b) of Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned by dealers, and inserting in its place a new subsection (b) to read as follows: (b) Motor vehicles which are owned by a dealer and held in inventory for sale or resale shall constitute a separate subclassification of motor vehicles within the motor vehicle classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this article for returning motor vehicles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on motor vehicles do not apply to such motor vehicles which are owned by a dealer. Such motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such motor vehicles until they are transferred and then become subject to taxation as provided in Code Section 48-5-473. SECTION 37. Said title is further amended by striking Code Section 48-5-473, relating to returns for ad valorem taxation of motor vehicles, and inserting in its place the following: 48-5-473. (a)(1) Except as provided in paragraph (2) of this subsection, every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies or is required by law to apply for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle during the owner's registration period. (2)(A) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a

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vehicle is registered during any initial registration period for such vehicle unless the date of purchase or other acquisition of the motor vehicle or the date of application for such an initial registration occurs within the owner's registration period as defined in paragraph (1) of subsection (a) of Code Section 40-2-21. (B) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time of a transfer of the vehicle. (3) Notwithstanding any other provision of this Code section to the contrary, under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation; provided, however, that taxes shall be due at the time of registration or at the time required by law for registration during the owner's registration period as provided in subsection (a) of this Code section. (c) Within the motor vehicle classification of property for ad valorem taxation purposes, motor vehicles held in inventory for sale or resale by an entity which is engaged in the business of selling motor vehicles and which has a current distinguishing dealer's identification number issued by the department shall constitute a separate subclassification of property for ad valorem taxation purposes and shall not be the subject of ad valorem taxation until such time as such vehicles are transferred and until such time as such vehicles then become subject to taxation as provided in this Code section. SECTION 38. Said title is further amended by striking Code Section 48-5-474, relating to what constitutes return of motor vehicles for ad valorem taxation, and inserting in its place the following: 48-5-474. The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that

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motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The commissioner is directed to prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article. SECTION 39. Said title is further amended by striking Code Section 48-10-5, relating to transfers of annual license fees, licenses, and plates, and inserting in its place the following: 48-10-5. Reserved. SECTION 40. Said title is further amended by striking Code Section 48-10-7, relating to rate of annual license fee for certain vehicles registered during specified parts of the year, and inserting in lieu thereof the following: 48-10-7. Any person registering any of the vehicles named in paragraph (3), (9), or (10) of subsection (a) of Code Section 48-10-2, except those named in divisions (a)(3)(A)(i), (a)(3)(A)(ii), (a)(3)(A)(iii), (a)(10)(A)(i), (a)(10)(A)(ii), and (a)(10)(A)(iii) of Code Section 48-10-2 between the dates of: (1) March 1 and May 31 of any year shall pay three-fourths of the annual license fee provided in this chapter; (2) June 1 and August 31 of any year shall pay one-half of the annual license fee provided in this chapter; or (3) September 1 and November 30 of any year shall pay one-fourth of the annual license fee provided in this chapter. SECTION 41. 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, except that divisions (a)(1)(A)(iii), (a)(1)(B)(iii), and (a)(1)(C)(ii) of Code Section 40-2-21 as enacted by this Act shall become effective on May 1, 1997. SECTION 42. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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STATE GOVERNMENT METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS; DEFINITIONS; MAYORAL MEMBERS. Code Title 50, Chapter 8, Article 4 Amended. No. 43 (House Bill No. 208). AN ACT To amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, so as to change the definition of municipality; to provide for the method of selecting mayoral members of a commission in the event the mayors of municipalities within a county fail to designate one of their number as a member; 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 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to Metropolitan Area Planning and Development Commissions, is amended by striking paragraph (8) of Section 50-8-80, relating to definitions, and by inserting in lieu thereof the following: (8) `Municipality' means an incorporated municipality of this state lying primarily within the area. SECTION 2. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 50-8-84, relating to the composition of the membership of a commission, and inserting in lieu thereof the following: (3) From each county within the area, except the most populous county within the area, the mayor of a municipality within such county, to be designated by majority vote of the mayors (except the mayor of the most populous municipality within the area) of all municipalities lying within such county, provided that if the mayors of the municipalities eligible to vote on such matter fail to designate one of their number within 45 days after a vacancy exists, one of their number shall be selected by a majority vote of the county commission of the applicable county; SECTION 3. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 50-8-84, relating to the composition of the membership of a commission, and inserting in lieu thereof the following:

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(4) From the most populous county within the area, the mayor of a municipality located within the northern half of such county elected by majority vote of the mayors of all municipalities located within the northern half of such county and the mayor of a municipality located within the southern half of such county elected by a majority vote of the mayors of all municipalities located within the southern half of such county, provided that if the mayors of the municipalities eligible to vote on such matter fail to designate one of their number within 45 days after a vacancy exists, one of their number shall be selected by a majority vote of the county commission of the most populous county in the area; SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 50-8-85, relating to terms of office of commission members, and inserting in lieu thereof the following: (d)(1) Except as provided in paragraph (2) of this subsection, upon the expiration of the term of office of a mayor of a municipality who has been designated by a majority vote of the mayors of all municipalities lying within a county in an area, the chairman of the board of commissioners of such county shall call a meeting of the mayors of all municipalities lying within such county, and such mayors shall designate a mayor from their number as a successor member of the commission, provided that nothing herein shall prevent an incumbent mayor who has been elected to another term of public office from being redesignated as a member of the commission; provided, further, that if the mayors of the municipalities eligible to vote on such matter fail to designate one of their number as a successor member within 45 days after a vacancy exists, one of their number shall be selected by a majority vote of the county commission of the applicable county. (2) Upon the expiration of the term of office of the mayor of a municipality located within the northern half of the most populous county within an area, the chairman of the board of commissioners shall call a meeting of the mayors of all the municipalities located within the northern half of such county and such mayors shall designate a mayor from their number as a successor member of the commission. Upon the expiration of the term of office of the mayor of a municipality located within the southern half of the most populous county within an area, the chairman of the board of commissioners of such county shall call a meeting of the mayors of all municipalities located within the southern half of such county and such mayors shall designate a mayor from their number as a successor member of the commission. Nothing in this paragraph shall prevent an incumbent mayor who has been elected to another term of office as mayor from being redesignated as a member of the commission. In the event the mayors of the municipalities eligible to vote on such matter fail to

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designate one of their number as a successor member within 45 days after a vacancy exists, one of their number shall be selected by a majority vote of the county commission of the most populous county in the area. SECTION 5. This Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. GAME AND FISH CRABBING; CRAB TRAPS; FLOATS. Code Sections 27-4-150 and 27-4-151 Amended. No. 44 (House Bill No. 212). AN ACT To amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide that only certain persons shall be issued a crabbing license before July 1, 1998; to provide that it shall be unlawful for a person to employ more than 300 crab traps; to provide that it shall be unlawful to use a float bearing a certain identification unless such float is attached to a crab trap; to provide for 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. Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, is amended by striking in its entirely paragraph (1) of subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, and inserting in lieu thereof the following: (e) (1) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department

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may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that the or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23. SECTION 2. Said part is further amended by striking in its entirely subsection (d) of Code Section 27-4-151, relating to the use of crab traps, and inserting in lieu thereof the following: (d) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified of such permission, to take crabs from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float. SECTION 3. Said part is further amended by redesignating subsections (g) and (h) of Code Section 27-4-151, relating to the use of crab traps, as subsections (h) and (i), respectively, and inserting immediately following subsection (f) the following: (g) (1) It shall be unlawful for any licensed commercial crab fisherman or a person designated by such licensee as provided in subsection (d) of this Code section to employ more than 300 crab traps at any time. (2) Any person violating the provisions of paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than 300 crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, any person found guilty of employing more than 350 crab traps shall have his or her commercial crabbing license revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license.

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SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. EDUCATION INSTRUCTION REGARDING USE AND DISPLAY OF UNITED STATES FLAG. Code Section 20-2-310 Amended. No. 45 (House Bill No. 214). AN ACT To amend Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, so as to provide that the State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United State of America; to provide for minimum requirements of instruction including certain provisions of federal law; to provide for regulations and instructions as may best meet the varied requirements of the different grades in such public schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-310 of the Official Code of Georgia Annotated, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c)(1) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school.

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(2) The State School Superintendent shall prepare for the use of the public schools of this state a program of instruction, subject to the approval of the State Board of Education, in the correct use and display of the flag of the United States of America which shall include, as a minimum, specific instruction regarding respect for such flag and its display and use as provided by federal law and regulation, and under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. However, such instruction shall include, as a minimum, the provisions of 36 U.S.C. Sections 170 through 177. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; DISPOSAL FACILITIES; RESTRICTIONS ON SITING NEAR CITY OR COUNTY BOUNDARIES; LOCAL WASTE MANAGEMENT AUTHORITIES; DEACTIVATION AND DISPOSITION OF ASSETS AND LIABILITIES. Code Section 12-8-25 Amended. Code Section 12-8-59.2 Enacted. No. 46 (House Bill No. 219). AN ACT To amend Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, so as to redefine the restriction on the siting of such facilities within one-half mile of an adjacent political subdivision; to provide that units of local government which have activated waste management authorities may deactivate the same by ordinance or resolution; to provide for the disposition of the assets and liabilities of such authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to regional solid waste management authorities, is amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 12-8-25, relating to the siting of solid waste disposal facilities, and inserting in lieu thereof the following:

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(3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation among the various cities and counties, after the effective date of this subsection, no permit shall be issued for a municipal solid waste disposal facility in any city or county if any part of the site is within one-half mile of the boundaries of such city or county adjoining any city or county in this state without the applicant's first receiving the express approval of the governing authority of that adjoining city or county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction or in any adjoining jurisdiction of the affected city and county for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after the effective date of this subsection and to all permits issued prior to such date, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. SECTION 2. Said Code section is further amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) The consent of an adjoining city or county as provided in subsection (a) of this Code section shall not be required either by new permit or by modification of an existing permit when the expansion of an existing municipal solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing municipal solid waste disposal facility is transferred. SECTION 3. Said part is further amended by adding a new Code Section 12-8-59.2 to read as follows: 12-8-59.2. (a) As used in this Code section, the term `project' shall mean any interest of the authority in a project as otherwise defined in this part. (b) The governing body of any unit of local government which has authorized the functioning of an authority pursuant to Code Section 12-8-53 may by proper resolution or ordinance declare that there is no need for such authority to function in the county or municipal corporation. Upon such declaration by all units of local government which previously authorized the activation of the authority and upon compliance by such units of local government with the provisions of subsection (c) of this Code section, the authority shall cease to transact any business or exercise any powers inconsistent with the winding up of its affairs. (c) No resolutions or ordinances of units of local government declaring the functioning of a previously activated authority to be unnecessary shall be of any force and effect until:

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(1) In the case of an authority having outstanding notes or bonds: (A) Said notes or bonds have been paid or retired according to their terms or acquired by such units of local government; or (B) Appropriate contractual arrangements have been made by such units of local government to lease or purchase the authority's projects, or to arrange to have the authority's projects leased or purchased by others, consistent with the terms of said notes or bonds on such terms as will together with any existing debt service reserves held by the authority provide for the payment of the principal and interest on said notes or bonds; and (C) Appropriate arrangements have been made by such units of local government, or in the case of authorities activated pursuant to subsection (b) of Code Section 12-8-53, appropriate contractual and other arrangements have been made by, among, and between all units of local government which previously authorized the activation of the authority: (i) To hold, operate, or dispose of all assets or projects of the authority in the case of the transfer of such assets and projects by the authority to such units of local government, but nothing in this Code section shall require the continued operation of any project by such units of local government; (ii) To assume or satisfy, or arrange to have assumed or satisfied, all contracts, leases, agreements, or obligations previously entered into or incurred by the authority with respect to the acquisition or operation of such assets or projects, consistent with the terms thereof, other than notes or bonds, but nothing in this Code section shall require the renewal, continuation beyond its terms, or extension of any such contract, lease, agreement, or obligation; and (iii) To make provision, by creation of a reserve fund or otherwise, for residual obligations which may from time to time arise during the period of winding up of the affairs of the authority pursuant to subsection (d) of this Code section; or (2) In the case of an authority having no outstanding notes or bonds, there has been compliance with the terms of subparagraph (C) of paragraph (1) of this subsection. (d)(1) Upon compliance by all units of local government which previously authorized the activation of the authority with subsections (b) and (c) of this Code section, the board of directors of the authority shall cause to be transferred to such units of local government, at such a time and on such reasonable terms and conditions as may be agreed to between the authority and such units of local government and

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subject to the arrangements made under and the provisions of subsection (c) of this Code section, the assets, projects, contracts, leases, agreements, and obligations of the authority. The board of directors of any such authority shall take all steps necessary or convenient to carry out the provisions of this Code section consistent with the benefit of the public. (2) The board of directors of the authority shall continue in existence for a period of time sufficient for the orderly winding up of the affairs of the authority and, in the case of an authority having outstanding notes or bonds, shall continue for a reasonable period of time after such notes or bonds have been paid or retired and may exercise any power usually possessed by private corporations of this state in the process of winding up its affairs not in conflict with the Constitution or laws of this state. In the course of such winding up, the board of directors shall have access to any funds made available pursuant to division (c)(1)(C)(iii) of this Code section but shall exercise control over such funds as fiduciaries, shall disburse such funds only for purposes appropriate to the winding up of the affairs of the authority, and shall account for any remainder of such funds to the units of local government which authorized the activation of the authority. (3) Upon the completion of the process of winding up of the affairs of the authority, the board of directors shall relinquish control of any remaining funds made available pursuant to division (c)(1)(C)(iii) of this Code section to the units of local government which authorized the activation of the authority and by resolution dissolve itself, whereupon such authority shall become dormant but may be reactivated by compliance with Code Section 12-8-53. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. REVENUE AND TAXATION INCOME TAXES; PARTNERSHIPS; LIMITED PARTNERSHIPS; PARTNERSHIP DISTRIBUTIONS. Code Title 48, Chapter 7 Amended. No. 48 (House Bill No. 241). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the distributive share of a nonresident member of a resident limited partnership which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income; to change certain provisions regarding taxation of partnerships; to change certain provisions regarding wihholding tax on certain partnership distributions; 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking Code Section 48-7-23, relating to taxation of partnerships, and inserting in its place the following: 48-7-23. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity; and each partner shall include in his or her individual return his or her distributive shares, whether distributed or not, of the net income of the partnership for the taxable year except as provided in subsection (c) of Code Section 48-7-24. If the taxable year of a partner is different from that of the partnership, the amount included in a partner's individual return shall be based upon the income of the partnership for the taxable year of the partnership ending with or within the partner's taxable year. SECTION 2. Said chapter is further amended by adding a new subsection at the end of Code Section 48-7-24, relating to certain resident and nonresident partnerships, to be designated subsection (c), to read as follows: (c) Notwithstanding any other provision of this chapter to the contrary, the distributive share of a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income under this chapter. For purposes of this subsection, a resident limited partnership shall not include a family limited partnership the majority interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of reckoning according to the laws of descent and distribution. SECTION 3. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-7-129, relating to withholding tax on certain

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partnership distributions, and inserting in its place a new paragraph (1) to read as follows: (a)(1) Any partnership, Subchapter `S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or credited to members who are not residents of Georgia, except as provided in subsection (c) of Code Section 48-7-24. 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, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. PROFESSIONS AND BUSINESSES MARRIAGE AND FAMILY THERAPISTS; LICENSING REQUIREMENTS. Code Sections 43-10A-3 and 43-10A-13 Amended. No. 50 (House Bill No. 272). 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 and requirements for licensure in marriage and family therapy; 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, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, is amended by striking paragraph 12 of Code Section 43-10A-3, relating to definitions, and inserting in its place the following: (12) `Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral

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degree and which is recognized by an accrediting body acceptable to the board. SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, and inserting in its place the following: (2) For licensure as a marriage and family therapist: (A) Licensure as an associate marriage and family therapist and two years of full-time post-master's experience or its equivalent in the practice of marriage and family therapy under direction and supervision as an associate marriage and family therapist, which shall include a minimum of 2,000 hours of direct clinical experience and 100 hours of supervision of such experience and which shall be completed within a period of nopt less than two years and not more than five years; (B) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and shall include, as part of the degree program or as additional post-master's degree coursework, at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; and three years' full-time post-master's experience or its equivalent under direction and supervision in the practice of any specialty, which shall include a minimum of 2,500 hours of direct clinical experience, one year of which may have been in an approved practicum before or after the granting of the master's degree which shall include a minimum of 500 hours of direct clinical experience, and two years of which shall have been in the practice of marriage and family therapy which shall include a minimum of 2,000 hours of direct clinical experience, and 200 hours of supervision of such experience all of which shall be completed within a period of not less than three years and not more than five years; or (C) A doctorate degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy education, which degree shall have been granted by a recognized educational institution and shall include, as part of a master's or doctoral degree program or as additional post-graduate degree coursework, at least

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two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; two years' full-time post-master's experience under direction in the practice of marriage and family therapy which shall include a minimum of 1,500 hours of direct clinical experience, one year of which may have been in an approved internship program before or after the granting of the doctoral degree, which shall include a minimum of 500 hours of direct clinical experience, and one year of which shall have been full-time post-master's experience, which shall include a minimum of 1,000 hours of direct clinical experience; and 100 hours of supervision of such experience in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. HEALTH EMERGENCY MEDICAL SERVICES; ENFORCEMENT; FINES. Code Section 31-11-9 Amended. No. 52 (House Bill No. 277). AN ACT To amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to provide for certain enforcement powers regarding the EMSC Program; 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 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, is amended by striking in its entirety Code Section 31-11-9, relating to enforcement, and inserting in its place the following:

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31-11-9. The department and its duly authorized agents are authorized to enforce compliance with this chapter and rules and regulations promulgated under this chapter as provided in Article 1 of Chapter 5 of this title and, in connection therewith during the reasonable business hours of the day, to enter upon and inspect in a reasonable manner the premises of persons providing ambulance service. All inspections under this Code section shall be in compliance with the provisions of Article 2 of Chapter 5 of this title. The department is also authorized to enforce compliance with this chapter, including but not limited to compliance with the EMSC Program and furnishing of emergency services within designated territories, by imposing fines as provided in paragraph (6) of subsection (c) of Code Section 31-2-6, which enforcement action shall be a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. PUBLIC OFFICERS AND EMPLOYEES SECRETARY OF STATE; OFFICIAL DIRECTORY PUBLICATION; SERVICE OF DIRECTOR OF DEPARTMENT OF ARCHIVES AND HISTORY; GEORGIA CAPITOL MUSEUM. Code Title 45, Chapter 13 Amended. No. 53 (House Bill No. 308). AN ACT To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change the publication schedule of an official directory of certain public officers and officials; to change certain provisions regarding the term of office of the director of Department of Archives and History; to change the name of the Georgia State Museum of Science and Industry; 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 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by striking Code Section 45-13-27,

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relating to the official directory of certain public officers and officials, and inserting in its place a new Code Section 45-13-27 to read as follows: 45-13-27. It shall be the duty of the Secretary of State to publish in each odd-numbered year an official directory of state and county officials and officers. Such directory shall also contain the names of the members of the Georgia delegation to the Congress of the United States. The directory shall contain the name, political party affiliation, independent status, or nonpartisan status of each person elected to a state or county office or to the Congress of the United States from this state. The directory shall contain such additional information as the Secretary of State shall prescribe in order to make the directory a useful and convenient reference work. SECTION 2. Said chapter is further amended by striking Code Section 45-13-44, relating to appointment of the director of the Department of Archives and History, and inserting in its place a new Code Section 45-13-44 to read as follows: 45-13-44. The department shall be under the immediate management and control of a director who shall be appointed by and serve at the pleasure of the Secretary of State. Such director shall take an oath of office as other public officials are required to do and shall be commissioned in like manner. Such director shall devote such director's time to the work of the department, using such director's best efforts to develop and build it up so as to carry out the design of its creation, and shall receive for such director's services a salary to be fixed by the Secretary of State. Such director shall have control and direction of the various activities of the department, preserve its collections, care for the official archives which may come into its custody, and perform all of the duties enumerated in Code Section 45-13-41. SECTION 3. Said chapter is further amended by striking Code Section 45-13-60, relating to the creation of the Georgia State Museum of Science and Industry, and inserting in its place a new Code Section 45-13-60 to read as follows: 45-13-60. There is created a division in the office of the Secretary of State to be known as the Georgia Capitol Museum. The division shall be under the control and supervision of the Secretary of State. There shall be a director of the division who shall be appointed as are other employees in the office of the Secretary of State.

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SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. CIVIL PRACTICE SUBPOENAS FOR DEPOSITIONS; ATTORNEY ISSUANCE OF. Code Section 9-11-45 Amended. No. 54 (House Bill No. 321). AN ACT To amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, is amended by striking in its entirety paragraph (1) of subsection (a), and inserting in lieu thereof the following: (1)(A) The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request. (B) Upon agreement of the parties, an attorney, as an officer of the court, may issue and sign a subpoena for the person sought to be deposed on behalf of a court in which the attorney is authorized to practice or a court for a venue in which a deposition is compelled by the subpoena, if the deposition pertains to an action pending in a court in which the attorney is authorized to practice. (C) Subpoenas issued pursuant to this paragraph shall be issued and served in accordance with law governing issuance of subpoenas for attendance at court, except as to issuance by an attorney. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by subsection

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(b) of Code Section 9-11-26, but in that event the subpoena will be subject to subsection (c) of Code Section 9-11-26; or the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive, or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. REVENUE AND TAXATION REDEMPTION OF PROPERTY SOLD FOR TAXES; AMOUNT PAYABLE. Code Section 48-4-42 Amended. No. 55 (House Bill No. 388). AN ACT To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding the amount payable for redemption; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENEAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapte 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by striking Code Section 48-4-42, relating to the amount payable for redemption, and inserting in its place a new Code Section 48-4-42 to read as follows: 48-4-42. The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the

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recitals in the tax deed, plus any taxes paid on the property by the purchaser after the sale for taxes, plus any special assessments on the property, plus a premium of 20 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after the required notice has been given, there shall be added to the redemption price the sheriff's cost in connection with serving the notice, the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. REVENUE AND TAXATION CORPORATE TAXATION; CREDIT CARD DATA PROCESSING SERVICES; APPORTIONMENT OF INCOME. Code Section 48-7-31 Amended. No. 56 (House Bill No. 424). AN ACT To amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to provide for a method of income apportionment for certain corporations which process credit card data and provide related services to banks and other institutions; 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 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, is amended by striking the introductory language of preceding subparagraph (d)(3)(A) and inserting in its place the following:

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(3) Except as otherwise provided in paragraph (3.1) or (3.2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be arrived at by application of the following three factor formula:. SECTION 2. Said Code section is further amended by adding a new paragraph immediately following paragraph (3.1) of subsection (d), to be designated paragraph (3.2), to read as follows: (3.2)(A) As used in this paragraph, the term: (i) `Credit card data processing and related services' shall include, but not be limited to, the provision of infrastructure services for bank credit card and private label card issuers, such as new account application processing, international and domestic clearing, statement preparation, point-of-sale authorization processing, card embossing, and other related processing services for managing cardholder accounts. (ii) `Customer' means the banks and institutions to whom credit card data processing and related services are provided. (iii) `Gross receipts factor' means a fraction, the numerator of which is the total gross receipts from the taxpayer's customers during the tax period, if the principal office of the customer's credit card operation is in this state or if the principal office of the taxpayer's customer is in this state, and the denominator of which is the total gross receipts from all of the taxpayer's customers during the tax period. (B) Where more than 60 percent of the total gross receipts of a corporation are derived from the provision of credit card data processing and related services to banks and other institutions, the portion of the net income attributable to business done in this state shall be determined by multiplying the corporation's net income by the gross receipts factor in division (iii) of subparagraph (A) of this paragraph;. 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, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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REVENUE AND TAXATION INCOME TAXES; CREDITS; TELECOMMUNICATIONS FACILITIES; MANUFACTURING FACILITIES; RESEARCH EXPENSES. Code Title 48, Chapter 7, Article 2 Amended. No. 57 (House Bill No. 428). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change a definition regarding job tax credits; to change provisions regarding tax credits and optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1, 2, and 3 counties; to provide for applicability of such credits to telecommunications; to provide for income tax credits for increasing research activities; to provide for income tax credits for rapidly growing small businesses; to provide for definitions and the terms, conditions, and procedures relating to such credits; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking in its entirety subsection (a) of Code Section 48-7-40, relating to tax credits for certain business enterprises, and inserting in its place a new subsection (a) to read as follows: (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, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (a) to read as follows: (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, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.

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SECTION 3. Said article is further amended by striking in its entirety Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1 counties, and inserting in its place a new Code Section 48-7-40.2 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 or telecommunications facility to be located in this state or the expansion of an existing manufacturing or telecommunications 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 or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (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

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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 taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article 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, 1995. 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 $50,000.00 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;

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(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 includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 taxpayer, nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) (1) Except as otherwise provided in paragraph (2) of this subsection, no taxpayer shall be authorized to claim on a tax return for a given project 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. (2) For taxable years beginning on or after January 1, 1995, and ending on or prior to December 31, 1998, a taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section and to claim, if otherwise qualified under Code Section 48-7-40, the tax credit applicable to tier 1 counties under Code Section 48-7-40, subject to the following limitations: (A) Not less than 250 new full-time employee jobs must be created in the first taxable year and maintained through the end of the third

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taxable year in which the taxpayer claims both credits as authorized under this paragraph; and (B) An otherwise qualified taxpayer shall not be entitled to receive the additional tax credit authorized under Code Section 36-62-5.1 in any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph. SECTION 4. Said article is further amended by striking in its entirety Code Section 48-7-40.3, relating to tax credits for existing manufacturing facilities or manufacturing support facilities in tier 2 counties, and inserting in its place a new Code Section 48-7-40.3 to read as follows: 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 or telecommunications facility to be located in this state or the expansion of an existing manufacturing or telecommunications 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 or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (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.

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(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 taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support 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 this article 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: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. 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 $50,000.00 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;

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(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 includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 taxpayer, 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 given project the credit provided for in this Code section if such taxpayer

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claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. SECTION 5. Said article is further amended by striking in its entirety Code Section 48-7-40.4, relating to tax credits for existing manufacturing facilities or manufacturing support facilities in tier 3 counties, and inserting in its place a new Code Section 48-7-40.4 to read as follows: 48-7-40.4. (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 or telecommunications facility to be located in this state or the expansion of an existing manufacturing or telecommunications 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 or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (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

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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 taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support 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 this article 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 shll 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, 1995. 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 $50,000.00 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;

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(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 includes the acquisition of qualified investment property having an aggregate cost in excess of $50,000.00; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 taxpayer 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 given project 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. SECTION 6. Said article is further amended by striking in its entirety Code Section 48-7-40.7, relating to optional tax credits for existing manufacturing

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facilities or manufacturing support facilities in tier 1 counties, and inserting in its place a new Code Section 48-7-40.7 to read as follows: 48-7-40.7. (a) As used in this Code section, the term: (1) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) `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. (3) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or the expansion of an existing manufacturing or telecommunications 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 exclusively in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.2. No taxpayer who claims the credit under Code Section 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:

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(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (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 qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $5 million. 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 placed in service during the taxable year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for subsequent tax years; (2) 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

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description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $5 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 (4) 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 taxpayer 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 given project 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. SECTION 7. Said article is further amended by striking in its entirety Code Section 48-7-40.8, relating to optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 2 counties, and inserting in its place a new Code Section 48-7-40.8 to read as follows: 48-7-40.8. (a) As used in this Code section, the term: (1) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) `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. (3) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to

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be located in this state or the expansion of an existing manufacturing or telecommunications 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 exclusively in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. No taxpayer who claims the credit under Code Section 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year.

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(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 qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $10 million. 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 placed in service during the taxable year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for subsequent tax years; (2) 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 placing in service of qualified investment property having an aggregate cost in excess of $10 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 (4) 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 taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.

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(d) No taxpayer shall be authorized to claim on a tax return for a given project 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. SECTION 8. Said article is further amended by striking in its entirety Code Section 48-7-40.9, relating to optional tax credits for existing manufacturing facilities or manufacturing support facilities in tier 3 counties, and inserting in its place a new Code Section 48-7-40.9 to read as follows: 48-7-40.9. (a) As used in this Code section, the term: (1) `Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (2) `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. (3) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or the expansion of an existing manufacturing or telecommunications 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 exclusively in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this paragraph. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No

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taxpayer who claims the credit under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts: (A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (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 qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $20 million. 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 placed in service during the taxable year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits;

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(E) The amount of unused tax credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for subsequent tax years; (2) 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 placing in service of qualified investment property having an aggregate cost in excess of $20 million; (3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing or telecommunications 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 (4) 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 taxpayer, 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 given project 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. SECTION 9. Said article is further amended by adding immediately following Code Section 48-7-40.11, relating to tax credit for shift from ground-water usage, new Code sections to read as follows: 48-7-40.12. (a) As used in this Code section, the term: (1) `Base amount' means the product of a business enterprise's Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less.

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(2) `Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (3) `Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprises's remaining Georgia net income tax liability after all other credits have been applied. 48-7-40.13. (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, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) A tax credit is allowed a business enterprise having a Georgia net taxable income in the current taxable year which is 20 percent or more above that of the preceding taxable year, if such business enterprise's Georgia net taxable income in each of the two taxable years preceding the current taxable year also was 20 percent or more above each respective preceding taxable year. (c) The tax credit provided in subsection (b) of this Code section shall be the excess over 20 percent of the percentage growth in the business enterprise's Georgia net taxable income in the current taxable year, provided that the tax credit shall not exceed 50 percent of the business enterprise's Georgia net income tax liability after all other credits have been applied for the current taxable year and shall not be allowed if the

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total Georgia income tax liability before application of the credit exceeds $1.5 million. (d) The tax credit provided in subsection (b) of this Code section may not be carried backward or forward. SECTION 10. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1997. (b) Section 9 of this Act shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. CIVIL PRACTICE ACTIONS INVOLVING NONRESIDENTS; JURISDICTION; VENUE. Code Section 9-10-93 Amended. No. 69 (House Bill No. 592). AN ACT To amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute; 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 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, is amended by striking Code Section 9-10-93, relating to venue, and inserting in lieu thereof a new Code Section 9-10-93 to read as follows: 9-10-93. Venue in cases under this article shall lie in any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located. Where an action is brought against a resident of this state, any nonresident of this state who

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is involved in the same transaction or occurrence and who is suable under the provisions of this article may be joined as a defendant in the county where a resident defendant is suable. Under such circumstances, jurisdiction and venue of the court of and over such nonresident defendant shall not be affected or lost if at trial a verdict or judgment is returned in favor of such resident defendant. If such resident defendant is dismissed from the action prior to commencement of the trial, the action against the nonresident defendant shall not abate but shall be transferred to a court in a county where venue is proper. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. CRIMINAL PROCEDURE VICTIM COMPENSATION; CLAIMS; ELIGIBILITY; AWARDS. Code Title 17, Chapter 15 Amended. No. 92 (Senate Bill No. 90). AN ACT To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for eligibility for compensation of victims of certain crimes committed outside the state; to change definitions; to change the time period for filing a claim; 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 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by striking in their entirety paragraphs (3) and (8) of Code Section 17-15-2, relating to definitions, and inserting in lieu thereof the following: (3) `Crime' means: (A) An act which constitutes a violent crime as defined by state or federal law which results in physical injury or death to the victim and which is committed:

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(i) In this state; (ii) In a state which does not have a victims' compensation program, if the victim is a resident of this state; or (iii) In a state which has compensated the victim in an amount less than the victim would be entitled to pursuant to this chapter, if the victim is a resident of this state; (B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or (C) An act of mass violence which results in physical injury or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed. (8) `Victim' means a person who is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime. SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 17-15-5, relating to filing claims, and inserting in it its place a new subsection to read as follows: (b) A claim must be filed by the claimant not later than one year after the occurrence of the crime upon which such claim is based or not later than one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding two years after such occurrence. Claims shall be filed in the office of the board in person or by mail. SECTION 3. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof the following: (b)(1) Victims may be legal residents or nonresidents of this state. 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. SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-15-8, relating to terms and conditions for granting awards, and inserting in lieu thereof the following:

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(a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in the victim's physical injury, financial hardship as a result of the victim's physical injury, or the victim's death; (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. SECTION 5. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. ALCOHOLIC BEVERAGES HOTEL IN-ROOM SERVICE; REGISTERED GUESTS; CONDOMINIUM UNITS OR COMMERCIAL SPACE IN HOTEL. Code Section 3-9-10 Amended. No. 93 (Senate Bill No. 144). AN ACT To amend Article 2 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by hotels and motels, so as to provide that in-room service of alcoholic beverages shall include service to owners, lessors, and tenants of condominium units and commercial space located in the same building as one or more hotel rooms in certain circumstances; 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 2 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by hotels and motels, is amended by striking in its entirety Code Section 3-9-10, relating to in-room service, and inserting in lieu thereof the following: 3-9-10. As used in this article, the term: (1) `Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (2) `In-room service' means: (A) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (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. (3) `Registered guest' means the lessor or tenant of one or more hotel rooms; the lessor, tenant, or owner of a condominium unit located in the same building as one or more hotel rooms; or the lessor, owner, or tenant of a commercial space located in the same building as one or more hotel rooms, provided that the name of such lessor, owner, or tenant appears on a guest registry maintained by the hotel. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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BANKING AND FINANCE DEPARTMENT OF BANKING AND FINANCE; FINANCIAL INSTITUTIONS; BANKS AND TRUST COMPANIES; CASHING CHECKS, MONEY ORDERS, OR DRAFTS FOR CONSIDERATION; RECORDS AND REPORTS OF CURRENCY TRANSACTIONS; LICENSING OF MORTGAGE LENDERS AND BROKERS. Code Title 7, Chapter 1 Amended. No. 94 (Senate Bill No. 154). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for a senior deputy commissioner of banking and finance; to subject assistant deputy commissioners to the same rules as deputy commissioners; to change certain restrictions on the commissioner, deputies, assistants, and examiners relating to conflicts of interest; to provide for rule-making authority to address Internet banking and other technological advancements; to change procedures for removal or suspension of bank directors, officers, and employees; to create an expedited approval process for certain bank transactions; to expand a bank or trust company's incidental powers; to allow the sale of investment products; to provide for conversion of mutual savings banks and similar entities and their powers, obligations, and operations; to change certain requirements relating to the composition of bank and trust company boards; to change audit submission procedures; to define trust production office; to expand the definition of bank; to change restrictions on automated teller machines; to change certain provisions relative to mergers; to define check casher and to provide for departmental review and fees; to change rules relating to certain currency transactions and related report filings; to clarify rules relating to obtaining exemptions from getting a mortgage broker or lender license; to change procedures on the issuance of cease and desist orders; to correct certain grammatical errors; to delete outdated terms; to clarify legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking in its entirety subsection (c) of Code Section 7-1-3, relating to the objectives of this chapter and standards for construction and regulation, which reads as follows: (c) It is the intention of the General Assembly to leave intact the laws of the State of Georgia relating to branch banking and bank holding

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companies as such laws existed prior to April 1, 1975; and this chapter shall not be construed to change such laws in any way. SECTION 2. Said chapter is further amended by striking Code Section 7-1-34, relating to a vacancy in the office of commissioner, and inserting in lieu thereof a new Code section to read as follows: 7-1-34. In the event there shall be a vacancy in the office caused by death, resignation, disability, disqualification, suspension, or removal of the commissioner, the senior deputy commissioner of banking and finance previously designated by the commissioner as provided in Code Section 7-1-35 shall exercise the powers and perform the duties of the commissioner until a successor is appointed and qualified to serve for the unexpired term of the commissioner. SECTION 3. Said chapter is further amended by striking Code Section 7-1-35, relating to the deputy commissioner, and inserting in lieu thereof a new Code section to read as follows: 7-1-35. (a) The commissioner shall appoint from time to time, with the right to discharge at will, a senior deputy commissioner of banking and finance. The commissioner may appoint additional deputy commissioners as needed. All deputy commissioners shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon the commissioner by law, subject to any applicable rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the commissioner shall be in the unclassified service. Further, all persons in the positions of assistant deputy commissioner, supervisory examiner, and senior financial examiner shall be in the unclassified service. All persons in the positions of district director, assistant deputy commissioner, supervisory examiner, and senior financial examiner shall have had at least five years of experience as an examiner in a federal or state agency supervising financial institutions. All other personnel of the department including assistant financial examiners and financial examiners shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term `state merit system' shall mean that system established pursuant to Article 1 of Chapter 20 of Title 45.

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(b) Within the limitations of its annual appropriation, the department may expend funds pursuant to the authority granted under Article VIII, Section VII, Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment, training, and certification of a professional staff of financial examiners. The department may provide for the participation of examiners in such educational, training, and certification programs as the commissioner deems necessary to the continued qualification and recognition of the professional status of examiners. The department may recognize independent certification of professional qualifications as supplemental to the rules and regulations of the state merit system in considering the personnel actions relative to its examiners. SECTION 4. Said chapter is further amended by striking Code Section 7-1-37, relating to restrictions on the commissioner, deputies, and assistants, and inserting in lieu thereof a new Code section to read as follows: 7-1-37. (a) Except as provided in subsections (c) and (d) of this Code section, neither the commissioner, any deputy commissioner or assistant deputy commissioner, nor any examiner employed by the department shall directly or indirectly: (1) Receive any money or property as a loan, gift, or otherwise from or become indebted to any financial institution or from or to any director, officer, agent, employee, attorney, or subsidiary of a financial institution; (2) Own any share in or securities of a financial institution or otherwise have an ownership interest in a financial institution; or (3) Engage in the business of a financial institution. (b) For purposes of this Code section and subject to subsection (c) of this Code section, the term `financial institution' shall include a bank holding company and any subsidiary of a bank holding company. (c) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner, any deputy commissioner or assistant deputy commissioner, and examiners employed by the department may borrow money from and otherwise deal with any financial institution or subsidiary thereof existing under the laws of the United States or of any state other than this state, provided the obligee financial institution or subsidiary is not examined or regulated by the department. For the purposes of this subsection, a financial institution shall not be considered regulated solely because it is required to file an exemption from licensing under Code Section 7-1-1001 or solely because it is owned or controlled by another bank or corporation which is or may be examined or regulated by the department. All extensions of credit, including but

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not limited to such permitted loans, which obligate the commissioner or any deputy commissioner to such a financial institution or subsidiary, directly or contingently by way of guaranty, endorsement, or otherwise, or which renew or modify existing obligations shall be reported by the individual concerned to the Attorney General in writing, within ten days after the execution thereof, showing the nature of the undertaking and the amount and terms of the loan or other transaction. All credit obligations of a similar nature to those set forth above on the part of any assistant deputy commissioner or examiner shall be reported to the commissioner within ten days after the execution thereof. (d) Nothing in this Code section shall prohibit the commissioner, any deputy commissioner, any assistant deputy commissioner, or any examiner of the department from maintaining a deposit in any financial institution, purchasing banking services other than credit services, or owning a single share in a credit union in the ordinary course of business and under rates and terms generally available to other customers of the financial institution. The provisions of this Code section shall not be applicable in the cases of a lender credit card obligation to a financial institution where the maximum outstanding credit may not exceed $10,000.00 nor to any other credit obligation fully secured by the pledge of a deposit account in the lending institution, provided that the financial institution is not within the employee's assigned examination authority and provided the rates and terms of all such obligations are not preferential in comparison to similar obligations of the financial institution's other customers. Such exempt obligations shall, however, be reported as provided in subsection (c) of this Code section, and the employee shall be disqualified from any dealings with the obligee financial institution. (e) No examiner, which for the purposes of this Code section shall include a supervisor as defined by the department, may examine a financial institution to which he or she is indebted, nor may an examiner obtain credit from a financial institution if he or she has examined such financial institution in the preceding 12 months. An examiner who wishes to borrow funds from any financial institution he or she has examined in the past five years must first obtain the written permission of the commissioner. This subsection is included as an additional precaution and is not intended to preclude the operation of any other applicable law or regulation. (f) No director, officer, agent, employee, or attorney of a financial institution, individually or in his or her official capacity, shall knowingly participate in a violation of this Code section. However, nothing in this Code section shall restrict the right of the commissioner, any deputy commissioner, or any examiner to deal as any other consumer with such director, officer, agent, employee, or attorney in the ordinary course of business in consumer areas of trade or commerce not regulated by the department and under terms and conditions which are not preferential.

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(g) The commissioner, any deputy commissioner or assistant deputy commissioner, or any examiner employed by the department who shall violate or participate in a violation of this Code section shall be guilty of a misdemeanor. Violation of this Code section shall be grounds for removal from office. (h) The commissioner may adopt additional supplementary administrative policies and departmental rules governing ethical conduct and conflicts of interest on the part of employees of the department and providing certain definitions to effectuate the purposes of this Code section. SECTION 5. Said chapter is further amended by striking subsection (c) of Code Section 7-1-61, relating to rules and regulations, and inserting in lieu thereof a new subsection to read as follows: (c) Rules and regulations promulgated by the department may provide for controls, registration, or restrictions reasonably necessary to: (1) Prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393; (2) Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the Internet or other telecommunication capabilities; or (3) Prevent or control unfair or deceptive business practices which would operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate. SECTION 6. Said chapter is further amended by striking subsection (d) of Code Section 7-1-64, relating to department examinations and investigations, and inserting in lieu thereof a new subsection to read as follows: (d) Employees of the department shall not divulge any information or provide prior notice, directly or indirectly, to any officer, director, agent, representative, or employee of a financial institution concerning the time or date of examination of the financial institution except in accordance with internal policy prescribed by the commissioner. Employees violating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal. SECTION 7. Said chapter is further amended by striking Code Section 7-1-71, relating to removal of officers, directors, or employees, and inserting in lieu thereof a new Code section to read as follows:

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7-1-71. (a) The department shall have the right to require the immediate suspension from office of any director, officer, or employee of any financial institution who shall be found by it: (1) To be dishonest, incompetent, or reckless in the management of the affairs of the financial institution; (2) To have persistently violated the laws of this state; (3) To have violated the lawful orders, regulations, or conditions of a written agreement of or with the department; (4) To have been indicted for any crime involving moral turpitude or breach of trust; (5) To have evidenced an inability to conduct his or her own financial affairs or the affairs of a company in which such individual owns a majority interest or has responsibility for financial matters in a fiscally responsible, diligent, or lawful fashion; or (6) To have engaged in any unsafe or unsound practice in connection with any insured depository institution. (b) The department shall serve written notice upon the party of its determination to suspend such person from office pursuant to subsection (a) of this Code section. The suspension order shall be effective upon such service. (c) Any person suspended under this Code section may request his or her reinstatement in writing delivered to the department within ten das of his or her suspension. If such reinstatement is not requested, the director, officer, or employee shall be considered permanently removed. (d) Upon request for reinstatement, the department shall conduct an internal review of the matter during which such person has the opportunity to state his or her case to the commissioner. The department shall deliver the findings of the hearing to such person. If the person requests further review, the department may refer the matter to the state agency for administrative hearings under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' where a nonpublic hearing shall be held to review the department's decision. The final decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90. SECTION 8. Said chapter is further amended by striking Code Section 7-1-74, relating to the annual report of the department, and inserting in lieu thereof a new Code section to read as follows:

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7-1-74. For each calendar year the department shall compile and publish an annual report in such form and containing such information as it may determine necessary to summarize reasonably its operations. The report may contain recommendations which the department may have for changes in the laws governing financial institutions. SECTION 9. Said chapter is further amended by adding following Code Section 7-1-78, relating to agreements with other state or federal regulatory authorities, a new Code section to read as follows: 7-1-79. (a) The department may determine that formal approvals for certain transactions or activities to be conducted by its regulated entities are not necessary but may be replaced by a discretionary expedited approval process to begin with written notice to the department by the entity which describes the transaction or activity in a form and with a specificity acceptable to the department. For such instances, the department shall promulgate rules and regulations consistent with the authority provided to it in this chapter. (b) In the exercise of the discretion permitted by this Code section, the commissioner shall consider: (1) Whether the transaction or activity poses unacceptable safety and soundness risks; (2) Whether the transaction or activity is warranted only for financially strong and well-managed institutions, as such institutions are further defined in department regulations; (3) Whether the transaction or activity is necessary to reduce the burden on financial institutions or other entities which the department regulates; (4) Whether the transaction or activity will assist regulated entities in remaining competitive and responsive to both economic and consumer demands; and (5) Whether the transaction or activity is consistent with the objectives of this Code section. SECTION 10. Said chapter is further amended by striking Code Section 7-1-241, relating to restrictions on engaging in the banking business, and inserting in lieu thereof a new Code section to read as follows:

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7-1-241. (a) No person or corporation may lawfully engage in this state in the business of banking or receiving money for deposit or transmission or lawfully establish in this state a place of business for such purpose, except a bank, a national bank, a credit union to the extent provided in Article 3 of this chapter, a licensee engaged in selling checks to the extent permitted by Article 4 of this chapter, an international banking agency to the extent provided in Article 5 of this chapter, a building and loan association to the extent provided in Article 7 of this chapter, or a savings and loan association to the extent provided by the laws of the United States. (b) None of the following shall be deemed to be engaged in the business of receiving money for deposit or transmission within the meaning of subsection (a) of this Code section: (1) A club or hotel to the extent it receives money from members or guests for temporary safekeeping; (2) An express, steamship, or telegraph company to the extent it receives money for transmission; (3) An attorney at law, real estate agent, fiscal agent, insurance company, utility company, or any other person or corporation to the extent he or she or it receives and transmits money solely as an incident to a business or profession not governed by this chapter; (4) Persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial transactions resulting from and initiated at the point of the sale of goods or services; provided, however, no such person or corporation shall receive deposits except as provided in Code Section 7-1-603 or otherwise engage in the business of banking; or (5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian

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of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer. (c) The department is authorized to promulgate regulations and establish policy, consistent with the objectives of this chapter, which objectives include for the purposes of this Code section providing for appropriate competition between financial institutions and other financial organizations and protection of the interests of depositors, to further define, restrict, or require registration of entities which provide financial products and services to the citizens of this state via the Internet, other on-line access to financial products and services, or alternate methods of delivery which differ from geographically based banking. SECTION 11. Said chapter is further amended by striking Code Section 7-1-261, relating to additional operating powers of banks and trust companies, and inserting in lieu thereof a new Code section to read as follows: 7-1-261. Banks and trust companies shall, in addition, have the power: (1) To act as agent of the United States or any public body thereof for the sale or issue of bonds, notes, or other obligations of the United States, or those for which the full faith and credit of the United States is pledged, and to grant security interests in its assets for the faithful performance of its duties as agent; (2) To receive for safekeeping or to rent out receptacles or safedeposit boxes for the deposit of papers and other personal property; (3) To grant security interests in their assets for borrowings authorized by this chapter and to dispose of their assets in the same manner as corporations generally; (4) To give bond in any proceeding in any court in which they are a party or upon any appeal in any such proceeding and to secure such bond; (5) To acquire and hold real property to the extent permitted by Code Section 7-1-262; (6) To acquire and hold stocks and investment securities subject, in the case of banks, to the restrictions of Code Sections 7-1-287 and 7-1-288 and, in the case of trust institutions, to the restrictions of Code Section 7-1-312; (7) To acquire and hold personal property necessary in the exercise of powers conferred by this chapter;

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(8) To acquire and hold any property in order to avoid loss on an evidence of indebtedness, agreement for the payment of money, or an investment security previously acquired lawfully and in good faith subject to the restrictions of Code Section 7-1-263; (9) To hold property lawfully held on April 1, 1975, irrespective of any restriction or limitation in this chapter, subject to the inclusion of any such property in any computation of limitation on the acquisition of property of like character under this chapter; (10) To enter into an agency relationship as defined in Code Section 7-1-4 subject to restrictions and qualifications prescribed by regulations of the department; and (11) To have and exercise all powers necessary, convenient, or incidental to effect any and all purposes for which the bank or trust company, and its subsidiaries and affiliates, is organized, provided that the commissioner may establish approval procedures by regulation for additional powers as needed to satisfy the objectives of this chapter. Powers shall include but not be limited to: sale of securities, annuities, and other investment products upon the order of and for the account of its customers, subject to applicable federal or state securities requirements; sale of insurance subject to state insurance laws, regulations, and licensing requirements and applicable departmental regulations and policies; sale or lease of excess computer capacity; expansion of customer services through the use of technology; other powers including those bank and trust powers authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c)(2)(F) of Code Section 7-1-288; and other such powers to carry on banking, trust, or other activities determined by the commissioner to be financial in nature and consistent with the objectives of this chapter and the regulations of the department. SECTION 12. Said chapter is further amended by striking Code Section 7-1-288, relating to corporate stock and securities, and inserting in lieu thereof a new Code section to read as follows: 7-1-288. (a) Except as provided in subsections (b) and (c) of this Code section and in Code Section 7-1-261, a bank may not engage in any transaction with respect to shares of stock or other capital securities of any corporation. (b) A bank may: (1) Engage in transactions with respect to issuance and transfer of shares of its own stock and capital securities and in other transactions

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with respect to such stock and capital securities authorized by this chapter; (2) Purchase and sell shares of stock, bonds, capital securities, and other investment products upon the order of and for the account of a customer without recourse against it; (3) Receive a pledge or other security interest in stock or capital securities in order to secure loans made in good faith, except that it may not receive such interests in its own stock or capital securities nor lend in one or more transactions, involving one or more borrowers, more than 30 percent of its statutory capital base on the stock or capital securities of any corporation (including therein loans made directly to the corporation without ample security but excluding obligations representing the sale of federal or correspondent funds to another financial institution). The department may, by regulation or otherwise, specify that two or more corporations are so interrelated that their stock shall be regarded as the stock of one corporation for the purposes of this subsection. (c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account: (1) Shares of stock of a federal reserve bank without limitation of amount; (2) Shares of stock of: (A) Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing; (B) A business development corporation or small minority business development corporation authorized under Article 6 of this chapter; (C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system; (D) A bank service corporation created to provide support services for one or more financial institutions; (E) (i) A banking institution principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a

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bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice; or (ii) A banking institution which is engaged in providing banking or other financial services to such extent as is permitted by regulations of the department to depository financial institutions located primarily within this state and whose ownership consists primarily of such depository financial institutions; (F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to: conducting a safe-deposit business; holding real estate; acting as a financial planner or investment advisor; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 7-1-3; provided, however, nothing contained in this subparagraph shall exempt any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and (G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the `Georgia Nonprofit Corporation Code,' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest, provided that the bank's investment in any such category of stock under this paragraph shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph without the prior approval of the department; (3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that

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the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base; and (4) Shares of stock or partnership interests in a corporation or partnership the primary business of which, as determined by the department, is to promote the public welfare or community development by engaging in the development of low and moderate-income housing, job training and job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be subject to such limitations and approval procedures as the department deems necessary in order to assure that such investments are not a safety and soundness concern. SECTION 13. Said chapter is further amended by striking Code Section 7-1-293, relating to savings banks and state savings and loan associations, in its entirety and inserting in lieu thereof a new Code section to read as follows: 7-1-293. (a) A bank desiring to be accorded treatment under this chapter as a savings bank or state savings and loan association shall so state in its articles. (b) A savings bank or a state savings and loan association may apply to the department for permission to relinquish its status as a savings bank or state savings and loan association and become a commercial bank by filing an appropriate amendment to its articles. The department may exercise its discretion in determining whether to approve such a change and shall consider in connection therewith the same criteria considered in approving the original articles of incorporation. (c) A savings bank shall provide its depositors with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to commercial banks. A state savings and loan association shall provide its depositors, but not its shareholders, with deposit insurance coverage pursuant to those deposit insurance provisions of this chapter applicable to building and loan associations. (d)(1) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. (2) The commissioner shall not approve an application of a financial institution requesting conversion to a commercial bank or a mutual savings bank unless such financial institution divests itself of all branches which were not lawfully established and in existence prior to July 1, 1996, or which do not conform with the branch banking laws of this state if established on or after July 1, 1996. Any federal mutual

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savings bank or federal mutual savings and loan association with a banking location in Georgia prior to July 1, 1996, which converts to a state charter, shall be entitled to retain the banking locations lawfully established in Georgia which conform to the limitations of this subsection. (e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, including a federal mutual savings and loan association or federal mutual savings bank, shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, or consolidation involving a national bank, provided that any federal mutual savings bank or federal mutual savings and loan association converting to a Georgia mutual savings bank must have been in existence on January 1, 1997, and must have had its main office in the State of Georgia; and provided, further, that the approval of such conversion by the members of such association or bank shall be by such vote as is required in the articles of association and bylaws of such association or bank. A federal mutual savings and loan association or federal mutual savings bank shall upon conversion be and be known as a mutual savings bank. Conversion of a building and loan association into a savings bank or state savings and loan association may be made with the approval of the department and an appropriate amendment of the articles of incorporation of the association. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or federal savings bank or conversion of a building and loan association, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders. (f)(1) The conversion, merger, or consolidation of a federal mutual savings and loan association holding company or federal mutual savings bank holding company shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, or consolidation involving a national bank, provided that the approval of such conversion shall be by such vote of the members of such holding company as is required in the articles of association and bylaws of such holding company but shall be further conditioned upon the conversion of the federal savings and loan association or federal savings bank subsidiary of such holding company to a savings bank contemporaneously with the holding company's conversion. (2) A state mutual savings bank holding company shall be subject to all of the rules and regulations of the department as if it were a commercial bank organized under this chapter, provided that it shall be authorized to own the stock of a savings bank subsidiary. (g) With respect to the corporate governance of a mutual savings bank or mutual savings bank holding company, the members of the savings bank or holding company as defined in the articles of association,

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subject to the approval of the department, shall be the equivalent of the shareholders of a commercial bank or bank holding company having such rights, preferences, and powers and subject to such limitations as may be contained in the rules and regulations of the department and in the articles of association and bylaws of the savings bank or holding company approved by the department. (h) Except as provided therein, Article 1 of this chapter and all other parts of this article shall apply to all mutual savings banks, savings banks, and state savings and loan associations. (i) Unless otherwise provided, the provisions of Part 18 of this article applicable to bank holding companies shall be applicable to mutual savings bank holding companies and unless specifically exempt therein, all rules and regulations promulgated by the department applicable to bank holding companies shall be applicable to mutual savings bank holding companies. (j) In the event that a federal mutual savings and loan association or federal mutual savings bank upon conversion to a savings bank would own or hold assets or engage in any business that would not be allowable for a commercial bank, then the plan of conversion presented to the department shall include a plan for disposal of such assets or the termination of such nonconforming business within a reasonable time but in no event longer than four years from the date of the conversion. SECTION 14. Said chapter is further amended by striking Code Section 7-1-370, relating to deposits by banks, and inserting in lieu thereof a new Code section to read as follows: 7-1-370. (a) Subject to the restrictions of subsection (b) of this Code section and of Code Section 7-1-371 in regard to reserve funds, a bank may deposit its funds in any depository which is: (1) Selected by, or in any manner authorized by, its directors; (2) Authorized by law to receive deposits; and (3) In the case of a depository located in the United States, one which has deposit insurance issued by or equivalent to deposit insurance provided by a federal public body to depositories of the type involved. (b) If a director of the bank has a relationship to a depository as either: (1) An officer or director; or (2) An owner of 5 percent or more of the shares of the depository, the depository shall be approved by a majority of the directors other than the director who has such relationship.

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SECTION 15. Said chapter is further amended by striking Code Section 7-1-480, relating to boards of directors, and inserting in lieu thereof a new Code section to read as follows: 7-1-480. (a) Administration of the business and affairs of a bank or trust company shall be the responsibility of a board of directors. (b) Each director shall be a citizen of the United States and at least a majority of the directors shall: (1) Reside in Georgia; or (2) Reside within 40 miles of any office in Georgia authorized to offer a complete banking or trust service; provided, however, the department may waive or modify the requirements of this subsection with respect to special purpose banks organized pursuant to subsection (c) of Code Section 7-1-394. (c) Notwithstanding other provisions of this Code section, directors who were legally qualified to serve on April 1, 1975, may continue to serve for such time as they are continuously members of the board of directors of their bank or trust company. SECTION 16. Said chapter is further amended by striking Code Section 7-1-487, relating to audits and financial reports, and inserting in lieu thereof a new Code section to read as follows: 7-1-487. (a) The board of directors shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the bank or trust company, including such matters as may be required by the department and including, in the case of a trust company, accounts held in a fiduciary or other representative capacity. An audit of a bank holding company performed in accordance with this Code section may be made in lieu of individual audits of subsidiaries of the bank holding company. The department may by regulation establish minimum standards for audits and reports under this Code section. (b) A report of the audit made under subsection (a) of this Code section shall be signed by the accountants who make it. A signed copy of the report shall be submitted to the board for approval or rejection and kept in the files of the bank or trust company. The bank or trust company shall submit the audit to the department in accordance with department regulations.

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SECTION 17. Said chapter is further amended by striking subsection (a) of Code Section 7-1-530, relating to authority for mergers and consolidations, including those across state lines, and inserting in lieu thereof a new subsection to read as follows: (a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching laws and regulations, one or more banks or trust companies may merge or consolidate, provided that an institution exercising trust powers alone may merge or consolidate only with another such trust company. SECTION 18. Said chapter is further amended by striking subsection (a) of Code Section 7-1-550, relating to authority for national to state bank or trust company conversions, mergers, and consolidations, and inserting in lieu thereof a new subsection to read as follows: (a) Subject to this part and any applicable branching law or regulation, a national bank located in this state may convert into, or merge or consolidate with, a bank or trust company upon: (1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion, merger, or consolidation by the shareholders and directors of the national bank and to dissenting rights of shareholders in such national bank; (2) Adoption of any plan of merger or consolidation by the directors and shareholders of any party thereto existing under the laws of this state as required by paragraph (2) of subsection (a) of Code Section 7-1-531; (3) Approval of the conversion, merger, or consolidation by the department as provided in this part; and (4) Issuance of the appropriate certificate by the Secretary of State as provided in this part. SECTION 19. Said chapter is further amended by adding at the end of Code Section 7-1-590, relating to definitions, a new paragraph to read as follows: (5) `Trust production office' shall mean a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. The trust institution desiring to establish such an office in this state must apply to the department on forms provided by the department, must be approved by the commissioner to engage in sales activities in this state, and must register and pay any

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fees required for a representative office under Code Section 7-1-593. Sales activities shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary outside of this state. The department shall be permitted to examine such trust production offices to ascertain whether they are limiting their activities as prescribed. SECTION 20. Said chapter is further amended by striking Code Section 7-1-600, relating to definitions, and inserting in lieu thereof a new Code section to read as follows: 7-1-600. As used in this part, the term: (1) `Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or building and loan associations or similar associations or corporations; provided, however, that Code Sections 7-1-590 through 7-1-594, providing for the registration of representative offices; Code Section 7-1-601, regulating the operation and establishment of branch banks and taxation of banks, branch bank offices, and bank facilities; Code Section 7-1-602, regulating the establishment of bank offices and bank facilities; Code Section 7-1-603, regulating the expansion of existing facilities; and Code Sections 7-1-605 through 7-1-608, restricting the acquisition and ownership of bank shares or assets, shall apply to national banks and all other persons, corporations, or associations, by whatever authority organized, doing a banking or trust business in this state. `Bank' shall include `bank office,' `bank facility,' `parent bank,' and `branch bank,' unless the context indicates that it does not. (2) `Bank facility' means any additional place of business of a parent bank or branch bank located in the same county in which said parent bank or branch bank is situated and which has obtained a permit to operate a limited banking service in the manner and under the conditions provided in this part. (3) `Bank holding company' means `bank holding company' as defined in Code Section 7-1-605.

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(4) `Bank office' means any additional place of business of a parent bank or a branch bank located in the same county in which said parent bank or branch bank is situated and which has obtained a permit to operate a complete banking service in the manner and under the conditions provided in this part. (5) `Branch bank' means any additional principal place of business of any parent bank located in a county other than in the county which is specified in the articles of the parent bank and wherein the parent bank is situated. (6) `City' or `town' means a municipal corporation incorporated and chartered pursuant to an Act of the General Assembly which described the territorial boundaries and limits of such municipal corporation. (7) `County' means a political subdivision of this state organized pursuant to an Act of the General Assembly which described the territorial boundaries and limits thereof and is named as a county in Code Section 36-1-1. (8) `Parent bank' means the principal place of business where the general business of each bank shall be transacted in the particular city or town specified in its articles. SECTION 21. Said chapter is further amended by striking subsection (c) of Code Section 7-1-603, relating to extension of existing banking facilities through the use of automated teller machines, cash dispensing machines, and point-of-sale terminals, and inserting in lieu thereof a new subsection to read as follows: (c) Any such extension may be established under the following conditions and circumstances only: (1) Within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically connected to the banking house or place of business; (2) Within 200 yards of a parent bank, branch bank, bank office, or bank facility, whether or not such extension is physically connected to the banking house or place of business and after being granted the prior written approval of the department stating that such extension qualifies for this exception; (3) Any bank doing a banking business in this state may operate automated teller machines which shall be unstaffed and may be located throughout the state. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institutions;

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(4) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; or (5) A point-of-sale terminal may be located anywhere in the state. SECTION 22. Said chapter is further amended by striking Code Section 7-1-622, relating to interstate acquisitions by bank holding companies, and inserting in lieu thereof a new Code section to read as follows: 7-1-622. (a) A bank holding company may acquire a bank having banking offices in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the provisions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition. Compliance with all applicable regulations and payment of applicable fees shall be required and the restrictions of this Code section shall apply. (b) Notwithstanding anything contained in subsection (a) of this Code section, no bank or bank holding company may: (1) Directly or indirectly acquire a Georgia bank unless such bank or any such bank's predecessor institution has been in existence and continuously operated or incorporated as a bank for a period of five years or more prior to the date of 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 of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period; or (2) Directly or indirectly acquire a bank having banking offices in Georgia if: (A) Immediately before the consummation of the acquisition for which an application is filed, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in this state; and (B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may be regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived

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upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. (c) The commissioner must rule on any application seeking approval to engage in a transaction under this Code section not later than 90 days following the date of submission of a completed application seeking such approval. If the commissioner decides to hold a public hearing in connection with the application, the time limit specified may be extended to 30 days after the conclusion of the hearing. If the commissioner fails to rule on the application within the requisite period, the proposed transaction shall stand approved. (d) If any acquisition involves or takes the form of an interstate merger transaction, the banks involved must comply with filing and other requirements in Part 20 of this article in addition to subsection (b) of this Code section. (e) This part is not intended to discriminate against out-of-state bank holding companies or against foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. SECTION 23. Said chapter is further amended by striking Code Sections 7-1-628.2 and 7-1-628.3, relating to permitted and prohibited interstate merger transactions, respectively, and inserting in lieu thereof new Code sections to read as follows: 7-1-628.2 Interstate merger transactions between out-of-state banks and Georgia banks including Georgia state banks shall be permitted provided that the applicable conditions, approvals, and filing requirements are met by participating banks and bank holding companies. The approval procedure for mergers involving banks having offices located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank participating in a merger is owned or controlled by a bank holding company, the provisions of Part 19 of this article shall also apply to the transaction. 7-1-628.3 (a) Except as otherwise expressly provided in this subsection, an interstate merger transaction shall not be permitted under this part if: (1) Immediately before the merger, any two or more banks involved in the transaction (including all insured depository institutions which are affiliates of any such bank) have a branch in this state; and

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(2) Upon consummation of such transaction, the resulting bank (including all insured depository institutions that would be `affiliates,' as defined in 12 U.S.C. Section 1841 (k) of the resulting bank) would control 30 percent or more of the total amount of deposits held by all insured depository institutions in this state. The 30 percent limitation shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause. (b) An interstate merger transaction shall not be permitted under this part unless the Georgia bank or any predecessor bank shall have been in existence and continuously operating or incorporated as a bank on the date of such merger or acquisition for a period of at least five years. SECTION 24. Said chapter is further amended by striking Code Section 7-1-628.8, relating to restrictions on de novo branching, and inserting in lieu thereof a new Code section to read as follows: 7-1-628.8. (a) A `de novo branch' means a branch of a bank which: (1) Is originally established by the bank as a branch; and (2) Does not become a branch of the bank as a result of the acquisition of another bank or of a branch of another bank or as the result of the merger, consolidation, or conversion of any such bank or branch. (b) No out-of-state bank shall establish or maintain a de novo branch in this state unless such bank has lawfully established a branch in Georgia, and then only to the extent that any Georgia bank could establish such a de novo branch. (c) By enacting this Code section and Code Section 7-1-628.9, the General Assembly intends to permit entry into Georgia only by acquisition of or merger with an entire bank, subject to the five-year rule contained in Code Sections 7-1-608, 7-1-622, and 7-1-628.3. SECTION 25. Said chapter is further amended by striking Code Section 7-1-700, relating to definitions, and inserting in lieu thereof a new Code section to read as follows: 7-1-700. As used in this article, the term: (1) `Check casher' means an individual, partnership, association, or corporation engaged in cashing checks, money orders, or other drafts

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for a fee. Such fee may be payable in cash, in the form of exchange of value in excess of regular retail value, in the form of mandatory purchase of goods or services by patrons on a regular basis, which shall mean the check casher conducts such services more than ten times in any calendar month, or in the form of the purchase of catalog items or coupons or other items indicating the ability to receive goods, services, or catalog items. (2) `Licensed casher of checks' means any individual, partnership, association, or corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article. (3) `Licensee' means a licensed casher of checks, drafts, or money orders. SECTION 26. Said chapter is further amended by striking Code Section 7-1-704, relating to enforcement of check cashing laws, and inserting in lieu thereof a new Code section to read as follows: 7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this article. (b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. (c) To assure compliance with the provisions of this article, the department may review the fees charged and fee income of any person cashing checks for a fee who claims exemption from licensing. Each person claiming exemption who is reviewed shall pay an hourly fee as provided in departmental regulations when the review requires more than four examiner hours and the review results in a finding that a license is required. The department, in its discretion, may permit the party claiming exemption to supply to the department the necessary books and records for its review at department headquarters. SECTION 27. Said chapter is further amended by striking subsection (c) of Code Section 7-1-709, relating to applicability of check cashing laws, and inserting in lieu thereof a new subsection to read as follows:

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(c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before August 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation. SECTION 28. Said chapter is further amended by striking subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in lieu thereof a new subsection to read as follows: (a)(1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00 and shall comply with federal law as to their filing. The department may promulgate regulations that specify additional requirements for currency transaction reports and suspicious activity reports. (2) Pursuant to federal law a financial institution must keep a record of any currency transaction deemed suspicious for any reason, including transactions where money laundering is suspected, and file a report of such transaction with the appropriate federal authority. All such suspicious activity reports shall be simultaneously filed with the department, unless by regulation the department deems a federal filing to be adequate. (3) The provisions of paragraph (1) of this subsection shall not apply to transfers between banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of currency and which are accomplished through a wire or electronic transfer system operated by the Federal Reserve System, the Federal Home Loan Bank System, or other governmental agency or instrumentality; provided, however, with regard to each such transfer the bank, credit union, or savings and loan association shall maintain a record of the name, address, and tax identification number of its customer, the name and location of the corresponding bank, credit union, or savings and loan association, and the name of the customer of the corresponding bank, credit union, or savings and loan association. SECTION 29. Said chapter is further amended by adding a new paragraph following paragraph (6) of Code Section 7-1-1000, relating to definitions, to read as follows: (6.1) `Georgia Residential Mortgage Act' means this article.

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SECTION 30. Said chapter is further amended by striking paragraph (8) of Code Section 7-1-1000, relating to definitions, and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Lock-in agreement' means a written agreement whereby a lender or a broker 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. SECTION 31. Said chapter is further amended by striking paragraphs (11) and (12) of subsection (a) of Code Section 7-1-1001, relating to exemption and registration of certain persons and entities engaged in the mortgage business, and inserting in lieu thereof new paragraphs to read as follows: (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 as an employee and not as an independent contractor; (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, purchasing, or servicing mortgage loans; or. SECTION 32. Said chapter is further amended by striking subsection (a) of Code Section 7-1-1017, relating to suspension and revocation of mortgage lender or broker licenses, and inserting in lieu thereof a new subsection to read as follows: (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. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and

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appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. SECTION 33. Said chapter is further amended by striking Code Section 7-1-1018, relating to cease and desist orders and departmental enforcement procedures, and inserting in lieu thereof a new Code section to read as follows: 7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply

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with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department. (e) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (f) For purposes of this Code section, the term `person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (g) 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 34. Notwithstanding any other provision of law to the contrary, this Act shall become effective on June 1, 1997. SECTION 35. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997.

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CRIMES AND OFFENSES DESTRUCTIVE DEVICES AND EXPLOSIVES; PROHIBITED ACTS RELATING TO; PUNISHMENTS; EXCEPTIONS. Code Sections 16-7-88 and 16-7-95 Amended. No. 98 (Senate Bill No. 227). AN ACT To amend Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and chemical and biological weapons, so as to make it unlawful to possess, transport, or receive any destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building; to make it unlawful to use any destructive device or explosive to kill or injure any individual, including certain public safety officers, or to destroy any public building; to provide for penalties; to provide that certain actions required to protect lives or public safety may be undertaken without a court order; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to bombs, explosives, and chemical and biological weapons, is amended by striking Code Section 16-7-88, relating to sentencing for violations done with the intent to cause death, bodily injury, or physical damage, in its entirety and inserting in lieu thereof the following: 16-7-88. (a) Any person who possesses, transports, or receives or attempts to possess, transport, or receive any destructive device or explosive with the knowledge or intent that it will be used to kill, injure, or intimidate any individual or to destroy any public building shall be punished by imprisonment for not less than ten nor more than 20 years or by a fine of not more than $125,000.00 or both or, if the defendant is a corporation, by a fine of not less than $125,000.00 nor more than $200,000.00 or sentenced to perform not fewer than 10,000 nor more than 20,000 hours of community service or both. (b) In addition to any other penalty imposed under the laws of this state or of the United States, any person who shall use or attempt to use any destructive device or explosive to kill or injure any individual, including any public safety officer performing duties as a direct or proximate result of a violation of this subsection, or to destroy any public building shall be imprisoned for not less than 20 nor more than 40 years or fined the

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greater of the cost of replacing any property that is destroyed or $250,000.00 or both or, if the defendant is a corporation, fined the greater of the cost of replacing any property which is destroyed or $1 million or sentenced to perform not fewer than 20,000 nor more than 40,000 hours of community service or both. (c) Any other provision of law to the contrary notwithstanding, no part of any sentence imposed pursuant to subsection (a) or (b) of this Code section shall be probated, deferred, suspended, or withheld and no person sentenced pursuant to subsection (a) or (b) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence as provided by subsection (a) or (b) of this Code section. SECTION 2. Said article is further amended by inserting after subsection (b) of Code Section 16-7-95, relating to forfeiture and destruction of property, a new subsection (c) to read as follows: (c) The provisions of subsection (b) of this Code section shall not prohibit an explosive ordnance technician, other law enforcement officer, or fire service personnel from taking action which will render safe an explosive, destructive device, poison gas, or detonator or any object which is suspected of being an explosive, destructive device, poison gas, or detonator without the prior approval of a court when such action is intended to protect lives or 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 4, 1997.

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CRIMES AND OFFENSES FIREARMS; CARRYING IN PUBLIC PLACES BY LICENSED PERSONS; LICENSES FOR FORMER LAW ENFORCEMENT OFFICERS; AUTHORITY OF SHERIFFS, DEPUTY SHERIFFS, AND RETIRED SHERIFFS AND DEPUTY SHERIFFS TO CARRY PISTOLS OR REVOLVERS. Code Sections 16-11-127, 16-11-129, and 16-11-130 Amended. No. 101 (Senate Bill No. 247). 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 change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs; to provide that sheriffs, retired sheriffs, deputy sheriffs, and certain retired deputy sheriffs shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms; to clarify certain provisions relating to carrying of firearms by licensed persons in public places; 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 (b) of Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, and inserting in lieu thereof a new subsection (b) to read as follows: (b) For the purpose of this Code section, `public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. SECTION 2. Said part is further amended by striking subsection (h) of Code Section 16-11-129, relating to the requirement of a license to carry a pistol or revolver, and inserting in lieu thereof a new subsection (h) to read as follows:

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(h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term `law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. SECTION 3. Said part is further amended by redesignating subsection (c) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as subsection (d) and inserting a new subsection (c) to read as follows: (c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47. In addition, any such sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. FIRE PROTECTION AND SAFETY BLASTING OR EXCAVATING NEAR UNDERGROUND UTILITIES; CORPORATION DEFINED. Code Section 25-9-2 Amended. No. 102 (Senate Bill No. 269). AN ACT To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change the definition of the term corporation; 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 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, is amended by striking paragraph (4) of Code Section 25-9-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1997. STATE PROPERTY CONVEYANCES TO DECATUR COUNTY AND DOUGHERTY COUNTY. No. 5 (House Resolution No. 142). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, and Dougherty County, Georgia; 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 Decatur County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Land Lot 334 of the 15th District of Decatur County containing approximately 1.93 acres as shown on a plat of survey prepared by Hambrick Land Surveying and Mapping Company, Georgia Registered Land Surveyor No. 1375, dated December 15, 1973, 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 to the State Properties Commission for approval; and WHEREAS, Decatur County conveyed the above-described property to the state on June 7, 1955, for a consideration of $100.00; and WHEREAS, said property is under the custody of the Department of Corrections and is the former location of the Bainbridge Probation Office; and

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WHEREAS, the above-described Bainbridge Probation Office was destroyed by fire on December 25, 1995; and WHEREAS, the Department of Corrections has consolidated its services and has relocated those activities previously housed in said probation office to other locations; and WHEREAS, Decatur County is desirous of obtaining the subject property; and WHEREAS, by resolution dated September 5, 1996, the Georgia Board of Corrections declared the subject property surplus to its need. WHEREAS, the State of Georgia is the owner of certain parcels or tracts of real property located in Dougherty County, which real property is all those tracts or parcels of land lying and being on either side of Jackson Street as it intersects Oglethorpe Boulevard in the City of Albany containing 2.03 and 1.78 acres and is the location of the Georgia Department of Human Resources; and WHEREAS, Dougherty County has agreed to build a new facility for the use of the Department of Human Resources. 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 located in Decatur County shall be conveyed by appropriate instrument to Decatur County by the State of Georgia, acting by and through the State Properties Commission for a consideration of $100.00 so long as the property is used for public purposes, 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 Decatur 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 4.1. That the above-described real property located in Dougherty County shall be conveyed by appropriate instrument to Dougherty County by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 once the property is vacated by the Department of Human Resources, provided that the fair market value of the above-described state owned property shall be deducted from the rental rate of the new facility to be built by Dougherty County over a term of not less than 15 years, and 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. SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Decatur County or Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That all laws and parts of laws in conflict with their resolution are repealed. Approved April 14, 1997. SAFETY FIRE COMMISSIONER PUBLICITY CAMPAIGN ON DANGER OF CARBON MONOXIDE POISONING URGED. No. 6 (House Resolution No. 44). A RESOLUTION Urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning; and for other purposes. WHEREAS, carbon monoxide is an odorless, colorless, tasteless gas that kills thousands of people each year, many while they are asleep; and WHEREAS, many of the early symptoms of carbon monoxide poisoning, such as headaches, sleepiness, lethargy, nausea, weakness, reddening of the face, red or burning eyes, and shortness of breath, are very similar to flu symptoms, and as a result, many persons exposed to high levels of carbon monoxide are not alerted to the danger and therefore do not seek out the source of the deadly gas; and WHEREAS, several types of inexpensive carbon monoxide detectors are available and can be installed in homes as easily as the now ubiquitous fire detectors, but the public awareness of the danger of carbon monoxide poisoning remains low; and WHEREAS, it is important that these carbon monoxide detectors meet the requirements of both Underwriters Laboratory Standard 2034 and International

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Approval Services Supplemental Requirement to ensure the safety and reliability of these products. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body urge the Safety Fire Commissioner to initiate a publicity campaign to alert the public to the dangers of carbon monoxide poisoning and determine ways to reduce the danger. 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 Safety Fire Commissioner. Approved April 14, 1997. REVENUE AND TAXATION SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; TERMINATION DATE. Code Section 48-8-112 Amended. No. 180 (House Bill No. 15). AN ACT To amend Code Section 48-8-112 of the Official Code of Georgia Annotated, relating to the commencement and termination of the special county 1 percent sales and use tax, so as to change the provisions regarding the date of termination of the tax; 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 48-8-112 of the Official Code of Georgia Annotated, relating to the commencement and termination of the special county 1 percent sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or

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(3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. SECTION 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, 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 taxes imposed or to be imposed under resolutions or ordinances adopted on or after said effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. COURTS SUPERIOR COURT CLERKS TRAINING COUNCIL; MEMBERSHIP; QUORUM. Code Section 15-6-50.1 Amended. No. 181 (House Bill No. 67). AN ACT To amend Code Section 15-6-50.1 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Training Council, so as to change the membership of the council; to change the number of members required for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-6-50.1 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Training Council, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following: (a) The Superior Court Clerks Training Council is established. The council shall consist of nine voting members and three nonvoting members and shall be composed as follows: (1) Nine voting members shall be elected to terms of four years by the members of the Superior Court Clerks Association of Georgia or its successor organization; and

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(2) Three nonvoting members shall be judges of the superior courts appointed to terms of four years by the Judicial Council of Georgia. Membership on the training council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (b) The business of the training council shall be conducted in the following manner: (1) The training council shall hold an annual meeting promptly after the appointment of its members and shall elect from among its voting members a chairperson, a vice chairperson, and a secretary-treasurer who shall serve until the first meeting in the succeeding year. Thereafter, the chairperson, the vice chairperson, and the secretary-treasurer shall be elected at the first meeting of each calendar year; (2) Five voting members of the training council shall constitute a quorum for the transaction of business; and (3) The training council shall maintain minutes of its meetings and such other records as it deems necessary. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. MOTOR VEHICLES AND TRAFFIC PARKING LAW FOR PERSONS WITH DISABILITIES; UNIFORMS FOR PERSONS APPOINTED FOR ENFORCEMENT PURPOSES. Code Section 40-6-228 Amended. No. 182 (House Bill No. 79). AN ACT To amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes; 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 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, is amended by striking subsection (b) and inserting in its place the following: (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency, but the appointing law enforcement agency shall provide any person so appointed with a uniform consisting of a pith helmet and a wind-breaker jacket which shall remain the property of the appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or (5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the parking laws of the state for persons with disabilities. SECTION 2. This Act shall become effective upon its approval by the Governor 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, 1997.

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REVENUE AND TAXATION INTANGIBLE TAX; DISTRIBUTION OF REVENUES. Code Sections 48-6-8, 48-6-72, and 48-6-74 Amended. No. 183 (House Bill No. 84). AN ACT To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions with respect to the distribution of tax revenues; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, is amended by striking Code Section 48-6-8, relating to distribution of real estate transfer tax revenues, and inserting in its place a new Code Section 48-6-8 to read as follows: 48-6-8. All revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in the same proportion that revenues derived from the taxes imposed by Article 3 of this chapter are divided. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner. SECTION 2. Said chapter is further amended by striking Code Section 48-6-72, relating to collection and distribution of certain intangible recording tax revenues, 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 in the manner provided for in this Code section. (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.

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(c) The collecting officer, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. (d) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject of the intangible tax. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities. (e) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article. SECTION 3. Said chapter is further amended by striking Code Section 48-6-74, relating to distribution of certain intangible recording tax revenues, and inserting in its place a new Code Section 48-6-74 to read as follows: 48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived from the intangible taxes imposed

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by Article 3 of this chapter are distributed. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties. 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 14, 1997. REVENUE AND TAXATION INCOME TAX; REFUNDABLE CREDITS FOR PREVIOUSLY TAXED INCOME WHICH IS SUBSEQUENTLY REPAID BY TAXPAYER. Code Section 48-7-28.1 Enacted. No. 184 (House Bill No. 85). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to provide for refundable credits with respect to previously taxed income which is subsequently repaid by the taxpayer; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-28, to be designated Code Section 48-7-28.1, to read as follows: 48-7-28.1. (a) If a taxpayer repays in the current tax year certain amounts of income that were subject to tax under this chapter in a prior year and a tax benefit would be allowed under similar circumstances under Section 1341 of the Internal Revenue Code, a tax benefit shall be allowed on the Georgia income tax return. The tax benefit shall be the reduced tax for the current tax year due to the deduction for the repaid income or the reduction in tax for the prior year or years due to the exclusion of the

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repaid income. The reduction in tax shall qualify as a refundable tax credit on the return for the current year. (b) No credit will be allowed unless Georgia income tax was actually paid in the prior year or if the taxpayer was not subject to Georgia income tax. 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, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. CRIMES AND OFFENSES CRIMINAL TRESPASS; MINOR'S PERMISSION TO ENTER PROPERTY NOT SUFFICIENT FOR LAWFUL ENTRY IF ENTRY FORBIDDEN BY PARENT OR GUARDIAN. Code Section 16-7-21 Amended. No. 185 (House Bill No. 100). AN ACT To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian in 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. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety Code Section 16-7-21, relating to criminal trespass, and inserting in lieu thereof the following: 16-7-21. (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

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(b) A person commits the offense of criminal trespass when he or she knowingly and without authority: (1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose; (2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. (c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor's parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor's parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart. (d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES ENGINEERS; SURVEYORS; UNLAWFUL PRACTICE; PENALTIES. Code Section 43-15-26 Amended. No. 186 (House Bill No. 143). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for increased penalties for unlawful practice as a professional engineer or land surveyor; 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 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-26, relating to penalties for unauthorized practice as a professional engineer or land surveyor, and inserting in lieu thereof a new Code section to read as follows: 43-15-26. (a) After notice and hearing, the board may issue an order prohibiting any person from violating Code Section 43-15-7 and may fine such person at least $100.00 but in no event to exceed $5,000.00 per violation. (b) The violation of any order of the board issued under subsection (a) of this Code section shall subject the person violating the order to an additional civil penalty not in excess of $100.00 for each transaction constituting a violation of such order. The board may maintain an action in the superior courts of this state in its own name to recover the penalties provided for in this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. CIVIL PRACTICE OFFICIAL ORGAN OF COUNTY FOR LEGAL ADVERTISING; REQUIREMENTS. Code Section 9-13-142 Amended. No. 187 (House Bill No. 152). AN ACT To amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication; 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 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, is amended by

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striking Code Section 9-13-142, relating to requirements for the official organ of publication and how the official organ is changed, and inserting in lieu thereof a new Code Section 9-13-142 to read as follows: 9-13-142. (a) No journal or newspaper published in this state shall be declared or made the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of `official or legal advertising' and required by law to be published in such county official newspaper unless the newspaper shall have been continuously published and mailed or delivered to a list of paid bona fide subscribers in that county for a period of one year or is the direct successor of such a journal or newspaper and unless 85 percent of the circulation of the newspaper or journal is paid circulation and has been paid circulation, as established by an independent audit, for a period of 12 months prior to the newspaper's or journal's being declared or made the official organ. (b) However, in counties where no journal or newspaper meets the qualifications set forth in subsection (a) of this Code section, the official organ may be designated by the judge of the probate court, the sheriff, and the clerk of the superior court, a majority of these officers governing. (c) No change shall be made in the official organ of any county except upon the concurrent action of the judge of the probate court, the sheriff, and the clerk of the superior court of the county or a majority of the officers. No officer shall change the advertising connected with his or her office from one paper to another without first giving notice of his or her intention to do so in the paper in which his or her advertisements have previously been published. (d) Not later than December 31, 1989, and during the month of December in each year thereafter the judge of the probate court of each county shall notify the Secretary of State, on a form supplied by the Secretary of State, of the name and mailing address of the journal or newspaper currently serving as the official organ of the county. The judge of the probate court shall also likewise notify the Secretary of State of any change in the official organ of the county at the time that such change is made. The Secretary of State shall maintain at all times a current listing of the names and addresses of all county organs and shall make such list available to any person upon request.

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SECTION 2. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor 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, 1997. PROFESSIONS AND BUSINESSES USED MOTOR VEHICLE DEALERS; USED CAR DEALERS; EXCLUSION OF AUCTIONEERS FOR CERTAIN SALES. Code Section 43-47-2 Amended. No. 188 (House Bill No. 174). AN ACT To amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, is amended by striking paragraph (17) and inserting in its place the following: (17)(A) `Used motor vehicle dealer,' `used car dealer,' or `licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing

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of value, shall be deemed a licensee for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to be a used motor vehicle dealer or used car dealer for the purposes of this chapter except as otherwise provided in division (B)(x) of this paragraph. Without limiting any of the foregoing, the sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring him or her under the licensing requirements of this chapter. (B) Used motor vehicle dealer or used car dealer does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer; (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Evidence of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Financial institutions when the financial institution sells its repossessed or leased motor vehicles. Finance companies, for purposes of this chapter, shall not include a pawnbroker as defined in Code Section 44-12-130; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance;

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(vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (i) through (vii) of this subparagraph, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which have not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter; (ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique automobiles, classic automobiles, and automobiles sold solely as speculative investments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evidence; or (x) Persons licensed or companies registered under Chapter 6 of Title 43, relating to auctioneers, when auctioning used motor vehicles which are being disposed of under administration of an estate or when auctioning used motor vehicles and real property at the same sale when such vehicles and property are owned by a common owner. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. TORTS MINORS' WILLFUL OR MALICIOUS ACTS; LIABILITY OF PARENTS OR GUARDIANS. Code Section 51-2-3 Amended. No. 189 (House Bill No. 193). AN ACT To amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor; to provide for liability for the willful or malicious acts of a minor child or children resulting in reasonable medical expenses to another person; to provide that the Code section is cumulative as to common law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, is amended by striking said Code section and inserting in lieu thereof a new Code section to read as follows: 51-2-3. (a) Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of another, or both reasonable medical expenses and damage to property. (b) This Code section shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries or damages arising out of the acts, torts, or negligence of a minor child under the `family-purpose car doctrine,' any statute, or common law in force and effect in this state. (c) The intent of the General Assembly in passing this Code section is to provide for the public welfare and aid in the control of juvenile delinquency, not to provide restorative compensation to victims of injurious or tortious conduct by children. SECTION 2. This Act shall become effective on July 1, 1997, and shall apply to willful or malicious acts occurring on or after said date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. STATE GOVERNMENT EMPLOYEE INITIATIVES FOR MORE EFFICIENT OR ECONOMICAL OPERATION; NOMINATION OF EMPLOYEES; AWARDS. Code Title 50, Chapter 31 Amended. No. 190 (House Bill No. 197). AN ACT To amend Chapter 31 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Suggestion System Act, so as to provide for nominations of state employees and awards for such nominees in certain circumstances; to provide for submission, confidentiality, and inspection or copying of such nominations; to provide for duties of the Secretary of State, state agencies, and the Awards Committee regarding such nominations; to change a provision relating to the request, solicitation, receipt, and use of donations and gifts by the Awards Committee; 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 31 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Suggestion System Act, is amended by striking in their entirety Code Sections 50-31-2, 50-31-3, 50-31-4, 50-31-5, 50-31-6, and 50-31-7, relating respectively to legislative findings; definitions; awards and submission, confidentiality, and inspection or copying of suggestions; duties of the Secretary of State; duties of state agencies; and the Awards Committee, and inserting in their place the following: 50-31-2. The General Assembly finds that the citizens, residents, and employees of the State of Georgia are innovative, inventive people whose ideas could provide direct and measurable benefits to the state by improving the operation of state government and by conserving state funds. The General Assembly finds that encouraging Georgia citizens, residents, and employees to make suggestions and encouraging state employees to make initiatives for the more efficient and economical operation of state government would be in the public interest. The General Assembly finds that providing an easy, accessible method of making suggestions, nominating employees for their initiatives, and rewarding meritorious suggestions and initiatives would encourage such suggestions and initiatives. 50-31-3. As used in this chapter, the term: (1) `Agency' means any department, agency, bureau, board, authority, or instrumentality of the state. (2) `Initiative' means a change for the more efficient or more economical operation of state government which has been implemented. (3) `Suggestion' means a written proposal for the more efficient or more economical operation of state government, which includes the name and address of the author. 50-31-4. (a) Any citizen, resident, or employee of the State of Georgia may submit to the Secretary of State a suggestion as defined in this chapter or

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a nomination of a state employee who has implemented an initiative. Employees of the Secretary of State may, if they desire, submit suggestions and nominations directly to the Awards Committee created by Code Section 50-31-7. (b) If a state employee who submits a suggestion or nomination requests confidentiality regarding such employee's name, the Secretary of State and the Awards Committee shall not reveal such employee's name without the consent of such employee. For the purposes of complying with requests for public inspection and copying, suggestions or nominations from any state employee who has requested confidentiality regarding such employee's name shall be marked in such a manner that the employee's name and address are not legible. (c) Suggestions by state employees who have requested confidentiality regarding the employees' names are eligible for awards. Anonymous proposals from citizens and residents who are not state employees are not eligible for awards. (d) All suggestions and nominations shall be subject to requests for public inspection or copying pursuant to the provisions of Article 4 of Chapter 18 of this title. (e) Suggestions by state employees are eligible for awards under the provisions of this chapter and under the provisions of Chapter 21 of Title 45. (f) State employees who are nominated for their implementation of an initiative are eligible for awards under the provisions of this chapter and under the provisions of Chapter 21 of Title 45. 50-31-5. The Secretary of State shall: (1) Receive suggestions and nominations from citizens, residents, and state employees; (2) Design and implement a system for distributing suggestions and nominations to the appropriate agency or agencies for evaluation, receiving written evaluations of suggestions and initiatives from agencies, and receiving reports from agencies regarding implementation of suggestions and initiatives and the results of such implementation of suggestions and initiatives of nominees; (3) Provide to the Awards Committee created by Code Section 50-31-7 copies of all citizens', residents', and state employees' suggestions and nominations and information regarding the evaluation, implementation, and results of implementation of such suggestions; (4) Perform administrative tasks relating to the receipt and transmission of suggestions and nominations, including but not limited to the

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development of forms for suggestions and nominations and the design and implementation of the process or means for receiving suggestions and nominations, which may include but is not limited to suggestion and nomination boxes in public places, telecommunications, or electronic network access; (5) Receive and use donations and gifts from nongovernmental sources for the purposes of this chapter; and (6) Provide administrative and clerical support to the Awards Committee created by Code Section 50-31-7. 50-31-6. Each agency of the state shall: (1) Receive citizens', residents', and state employees' suggestions and nominations which are forwarded from the Secretary of State; (2) Evaluate each suggestion for its potential effect of increasing the economy or efficiency of operation and evaluate the initiatives of each nominee for their effect of increasing the economy or efficiency of operation; (3) Implement suggestions which have apparent merit with regard to the economy or efficiency of operation; (4) Tabulate and document savings and increases in efficiency resulting from the implementation of suggestions and initiatives of nominees; and (5) Provide information to the Secretary of State regarding the receipt, evaluation, implementation, and result of suggestions and initiatives of nominees. 50-31-7. (a) There is created the Awards Committee, to consist of nine members. Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the Lieutenant Governor. Members shall be appointed for terms of four years; vacancies shall be filled by appointment for the unexpired term by the same appointing authority. Elected officials during their terms of office, state employees, and members of the immediate family of any elected official or state employee shall not be eligible for appointment to the Awards Committee. Members of the committee shall not be compensated for their services but shall be paid the same per diem as members of the General Assembly. The committee shall be attached for administrative purposes only to the Secretary of State. (b) The committee shall have the following powers and duties:

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(1) To receive suggestions and nominations from the Secretary of State; (2) To receive suggestions and nominations from employees of the Secretary of State; (3) To receive information from the Secretary of State regarding the evaluation, implementation, and results of suggestions and initiatives of nominees and to request additional information as desired; (4) To provide annually as many financial and symbolic awards to any citizen or state employee for suggestions and initiatives as the committee deems appropriate; (5) To report annually to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives regarding agency responses to suggestions and initiatives and to recommend additional legislation to achieve the purposes of this chapter; (6) To publish annually a report documenting the awards, meritorious suggestions and initiatives, and savings and increased efficiency resulting from suggestions and initiatives; and (7) To request, solicit, receive, and use donations and gifts from nongovernmental sources for the purposes of this chapter. SECTION 2. (a) The provisions of this Act authorizing the appointment of the Awards Committee and authorizing such committee and the Secretary of State to receive donations and gifts for the purposes of this Act shall be effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) The remaining provisions of this Act shall become effective upon the determination by the Secretary of State that adequate funds have been donated to operate the program created by this Act for one year. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. APPROPRIATIONS SUPPLEMENTAL TO DEPARTMENT OF LABOR FROM STATE'S ACCOUNT IN UNEMPLOYMENT TRUST FUND. No. 191 (House Bill No. 213). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $585,100.00. Of said additional amount, the sum of $585,100.00 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment

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Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. SECTION 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services and operating and other expenses incurred in the administration of said laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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LOCAL GOVERNMENT ANNEXATION; DEANNEXATION; LOCAL ACTS OF GENERAL ASSEMBLY. Code Section 36-36-10 Enacted. No. 192 (House Bill No. 217). AN ACT To amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to provide that certain provisions authorizing local annexation or deannexation shall not affect the authority of the General Assembly to annex or deannex by local Act; 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 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-36-10, to read as follows: 36-36-10. It is the express intent of the General Assembly in enacting the provisions of this chapter to provide for alternative methods for annexing or deannexing an area or areas into or from the corporate limits of a municipality. Except as otherwise expressly provided in this chapter, no provision of this chapter relating to annexation or deannexation by any such alternate method is intended to or shall be construed to in any way restrict, limit, or otherwise impair the authority of the General Assembly to annex or deannex by local Act. SECTION 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon its approval by the Governor 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, 1997.

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REVENUE AND TAXATION SPECIAL PURPOSE LOCAL OPTION SALES AND USE TAX; SANITARY LANDFILL DEVELOPMENT; ECONOMIC INFEASIBILITY. Code Section 48-8-121 Amended. No. 193 (House Bill No. 228). AN ACT To amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, so as to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which purpose becomes economically infeasible; 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 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of the special purpose local option sales and use tax, is amended by striking subsection (h) and inserting in its place a new 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 January 1, 1992, 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 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.

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SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 to the contrary, 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 taxes imposed prior to said effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES POLICE CHIEFS; DEPARTMENT HEADS; WARDENS; TRAINING REQUIREMENTS. Code Sections 35-8-20 and 35-8-20.1 Amended. No. 194 (House Bill No. 288). 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 provisions relating to annual training requirements for police chiefs, department heads, and wardens; to change the provisions relating to training requirements for police chiefs and department heads appointed after December 31, 1992; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 subsection (b) of Code Section 35-8-20, relating to the training requirements for police chiefs, department heads, and wardens, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council. SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 35-8-20.1, relating to training for police chiefs and department heads

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appointed after December 31, 1992, and inserting in lieu thereof a new subsection (h) to read as follows: (h) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a newly appointed chief of police or department head of a law enforcement unit that he or she has served as an appointed chief of police or head of a law enforcement unit since December 31, 1992, without more than a 60 day break in service, that he or she has satisfactorily completed training or education deemed by the council to be equivalent to the training required by this Code section, or that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. 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, 1997. APPEAL AND ERROR APPLICATIONS FOR PERMISSION TO APPEAL FILED WITHOUT NOTICE OF APPEAL IN CERTAIN CASES; JURISDICTION TO GRANT APPLICATION AND DECIDE CASE. Code Section 5-6-35 Amended. No. 195 (House Bill No. 291). AN ACT To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34, but not in subsection (a) of Code Section 5-6-35, is initiated by filing an otherwise timely application for permission to appeal pursuant to subsection (b) of Code Section 5-6-35 without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application; to provide that thereafter the appeal shall proceed as provided in subsection (g) of Code Section 5-6-35; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, is amended by adding at the end of said Code section a new subsection (j) to read as follows: (j) When an appeal in a case enumerated in subsection (a) of Code Section 5-6-34, but not in subsection (a) of this Code Section, is initiated by filing an otherwise timely application for permission to appeal pursuant to subsection (b) of this Code section without also filing a timely notice of appeal, the appellate court shall have jurisdiction to decide the case and shall grant the application. Thereafter the appeal shall proceed as provided in subsection (g) of this Code section. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. HEALTH INJUNCTIONS TO ENFORCE LICENSING REQUIREMENTS; SUPERSEDEAS IN CONTEMPT CASES; ENFORCEMENT BY CONTEMPT ACTION. Code Section 31-5-9 Amended. No. 196 (House Bill No. 295). AN ACT To amend Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for grant of supersedeas after a specified finding; to provide for enforcement by contempt action; 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 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, is amended by redesignating current subsection (b) as subsection (d) and by inserting new subsections (b) and (c) to read as follows: (b) Notwithstanding the provisions of Code Section 5-6-13, an appeal or a notice of intent to appeal an adjudication of contempt of court of a party subject to an interlocutory or final judgment in a court action for an injunction instituted under authority of this Code section for a violation of a licensing requirement of this title shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case after making a finding that the health, safety, or welfare of the recipients of the services will not be substantially harmed by the issuance of the stay. (c) Unless otherwise ordered by the court pursuant to subsection (b) of this Code section, an interlocutory or final judgment in an action granting an injunction under this Code section may be enforced by attachment for contempt. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. EDUCATION SICK LEAVE AND PERSONAL LEAVE FOR PUBLIC SCHOOL PERSONNEL; TRANSFER OF UNUSED LEAVES WHEN CERTAIN EMPLOYMENT CHANGES OCCUR. Code Section 20-2-850 Amended. No. 197 (House Bill No. 299). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that certain unused sick and personal leave accumulated by personnel employed in any public school system shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from a local board of education to an unclassified position in the Department of Education; to provide that any unused sick and personal leave accumulated by personnel employed by the Department of Education shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from the Department of Education to a local board of education; to restrict the authority of the State Board of Education to fund certain cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave; to provide that any accumulated unused sick and personal leave credited to such personnel from the Department of Education shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months; to provide an exception to the forfeiture of such sick and personal leave; 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b)(1) Any unused sick and personal leave accumulated by personel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another or from a local board of education to an unclassified position in the Department of Education, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. (2) Any unused sick and personal leave accumulated by personnel employed by the Department of Education shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from the Department of Education to a local board of education, but the State Board of Education shall not be required to provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration

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through the employment of personnel transferring accumulated unused sick and personal leave as authorized in this paragraph. Any accumulated unused sick and personal leave credited to such personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. REVENUE AND TAXATION INTANGIBLE RECORDING TAX; EFFECT OF FAILURE TO PAY. Code Section 48-6-77 Amended. No. 198 (House Bill No. 306). 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 change the provisions regarding failure to pay such tax barring actions on indebtedness; 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 subsection (a) of Code Section 48-6-77, relating to failure to pay the intangible recording tax barring action on indebtedness, and inserting in its place the following: (a) Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. However, failure to pay the tax levied by thios article shall not affect or discharge the indebtedness and other obligations secured by such instrument or the debtor's liability on account thereof and, subject to the bar, such instrument shall continue to secure the indebtedness and other obligations secured thereby and shall continue to encumber the collateral

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described therein. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax, after which the process to collect the indebtedness, including foreclosure, may proceed as if no bar ever existed. However, if an instrument required to be recorded fails to reflect on its face that the tax levied by this article is due and after a foreclosure has taken place it is discovered that the instrument securing the indebtedness is in fact subject to the tax, any deed given pursuant to the foreclosure or in lieu of foreclosure shall be imperfected but may be perfected by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due plus a penalty of 50 percent of the amount of the tax. Once the tax, interest, and penalty as required in this subsection have been paid, the perfection of the deed will revert back to the date of the deed, and the deed shall retain its priority over any and all intervening liens or conveyances except those conveyances and liens made or created by the grantee, its successors, and assigns named in the foreclosure deed or deed in lieu of foreclosure. These provisions shall have no effect on any instrument subject to the tax on which the statute of limitations has expired. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. ELECTIONS MUNICIPAL OFFICES; LOCAL LAW PROVISIONS TO CHANGE TO FOUR-YEAR TERMS AUTHORIZED. Code Section 21-3-64 Amended. No. 199 (House Bill No. 309). AN ACT To amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relating to terms of office and elections of municipal offices, so as to provide that the General Assembly is authorized to provide by local law for municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of Code Section 21-3-64 so as to change the terms of office to four years; to provide for elections to conform such terms; to provide for initial and regular terms; to provide for staggered or concurrent terms; to provide for nonuniform election dates and terms of office necessary to bring such municipality's elections and terms of office into conformity with such Code sections; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to local law exceptions to Code Sections 21-3-60 through 21-3-63 relating to terms of office and elections of municipal offices, is amended by adding at the end of said Code section a new subsection (d) to read as follows: (d) Notwithstanding the provisions of Code Section 1-3-11 or any other provision of this chapter, the General Assembly is authorized to provide by local law: (1) For municipal offices elected pursuant to a prior local law authorized by subsection (a) or (c) of this Code section to change to terms of office of four years, with the local law designating the offices to be elected and the time periods covered by such terms for each office; (2) For such terms to be either staggered terms or concurrent terms or to thereafter change from staggered terms to concurrent terms or from concurrent terms to staggered terms as specified in such local law; (3) For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in any year during the first six years immediately following the enactment of a local law pursuant to this subsection as necessary for the purpose of changing the election and terms of any such municipal offices to conform to this subsection; (4) For initial terms of one, two, three, or four years as necessary to change the terms of such offices to four-year concurrent or staggered terms of office; and (5) Except as authorized in paragraph (3) of this subsection, for general municipal elections to be held on the Tuesday next following the first Monday in November of any odd-numbered year. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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BUILDINGS AND HOUSING BUILDING PERMITS ISSUED BY COUNTIES OR MUNICIPALITIES; NOTICE REGARDING MECHANICS' AND MATERIALMEN'S LIENS; LOCAL LICENSING REQUIREMENTS FOR HOME INSPECTORS. Code Section 8-2-26 Amended. Code Section 8-3-331.1 Enacted. No. 200 (House Bill No. 322). AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that improvements to the property may subject the property to mechanics' and materialmen's liens; to provide for additional information to be included on such permits; to require that a copy of such permit be posted on property being improved for residential purposes; to provide that nothing in the laws applicable to documentation by home inspectors shall preempt a political subdivision from prescribing licensing requirements for home inspectors; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end of Code Section 8-2-26, relating to the enforcement of state minimum standard building codes, a new subsection (e) to read as follows: (e)(1) Any county or municipal building permit issued in this state shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness on the permit the following: `The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer's guide to the lien laws which may be available at building supply home centers.' (2) Any person who is issued a permit which authorizes improvements to a tract of real property which is being used or will be used for

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residential purposes shall be required to post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken. SECTION 2. Said title is further amended by adding between Code Sections 8-3-331 and 8-3-332 a new Code Section 8-3-331.1 to read as follows: 8-3-331.1. Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors. SECTION 3. This Act shall become effective on January 1, 1998, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of the effective date of this Act. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. COURTS CRIMINAL AND ORDINANCE VIOLATION CASES; ADDITIONAL PENALTIES TO FUND CRIME VICTIM ASSISTANCE PROGRAMS. Code Section 15-21-131 Amended. No. 201 (House Bill No. 324). AN ACT To amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime victims, so as to provide that additional penalties imposed in criminal cases to provide such funding shall be imposed in all criminal and ordinance violation cases in all courts, municipalities, or political subdivisions; 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 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime victims, is amended by striking Code Section 15-21-131, relating to additional penalties

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in criminal cases, and inserting in its place a new Code section to read as follows: 15-21-131. (a) In every case in which any court of this state or any municipality or political subdivision of this state shall impose a fine, which shall be construed to include costs, for any criminal offense or any criminal ordinance violation, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (b) Such sums shall be in addition to any amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter. SECTION 2. This Act shall become effective July 1, 1997, and shall apply with respect to offenses committed on or after that effective date. The provisions of this Act shall not apply to or affect offenses committed prior to that effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. CONTRACTS BAD CHECKS; SERVICE CHARGES. Code Section 13-6-15 Amended. No. 202 (House Bill No. 329). AN ACT To amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check; to change the provisions relating to written demands; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 13-6-15 to read as follows: 13-6-15. (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any

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bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $25.00 or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. (c) Before any recovery under subsection (a) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail to the maker of the instrument at the address shown on the instrument: `You are hereby notified that a check or instrument numbered _____, issued by you on _____ (date), drawn upon _____ (name of bank), and payable to _____, has been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $25.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $_____. Unless this amount is paid in full within the ten-day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.' (d) For purposes of this Code section, the holder of the dishonored check, draft, or order shall file the action in the county where the defendant resides. (e) It shall be an affirmative defense, in addition to other defenses, to an action under this Code section if it is found that: (1) Full satisfaction of the amount of the check or instrument plus the applicable service charge was made prior to the commencement of the action; (2) The bank or depository erred in dishonoring the check or instrument; or

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(3) The acceptor of the check or instrument knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check or instrument to be honored. (f) In an action under this Code section, the court or jury may, however, waive all or part of the double damages upon finding that the defendant's failure to satisfy the dishonored check or instrument was due to the defendant receiving a dishonored check or instrument written to the defendant by another party. (g) Subsequent to the commencement of the civil action under this Code section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim an amount of money equal to the sum of the amount of the dishonored check, service charges on the check, and any court costs incurred by the plaintiff in taking the action. (h) In an action under this Code section, if the court or jury determines that the failure of the defendant to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the double damages. However, if the court or jury waives all or part of the double damages, the court or jury shall render judgment against the defendant in the amount of the dishonored check plus service charges on the check and any court costs incurred by the plaintiff in taking the action. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; BENEFITS PAYMENTS; METHOD. Code Section 47-2-110 Amended. No. 203 (House Bill No. 339). AN ACT To amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, so as to authorize the board of trustees of such retirement system to provide for the manner of payment of benefits required to qualify the retirement system for certain federal tax treatment; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, is amended by inserting at the end thereof the following: (d) The board of trustees is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a `qualified retirement plan' for the purposes of federal income tax laws. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CERTAIN LAW ENFORCEMENT PERSONNEL; RETIREMENT AT AGE 55 PERMISSIBLE BUT NOT MANDATORY. Code Section 47-2-223 Amended. No. 204 (House Bill No. 380). AN ACT To amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law enforcement personnel, so as to provide that certain law enforcement personnel may retire at age 55 years with certain benefits; to repeal certain ineffective laws relating to mandatory retirement for certain law enforcement personnel; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of such chapter applicable to certain law

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enforcement personnel, is amended by striking in its entirety Code Section 47-2-223, relating to retirement benefits for certain law enforcement officers, and inserting in lieu thereof the following: 47-2-223. (a) For purposes of this Code section, the term `highest average compensation' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the retirement system but shall not include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters. (b) Anything in this chapter to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the Georgia Bureau of Investigation on June 30, 1970, and every person who enters or reenters such service on or after July 1, 1970, may retire at any time after attaining the age of 55 and upon retirement such retiree shall receive the regular retirement benefits under this chapter, provided that he or she shall in any case receive a minimum monthly retirement benefit equal to 2 percent of his or her highest average compensation for each year of creditable service by filing an application therefor in a manner similar to that provided in Code Section 47-2-110. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PENAL INSTITUTIONS BOARD OF PARDONS AND PAROLES; CONFLICTS OF INTEREST; EMPLOYEE CANDIDATES FOR PUBLIC OFFICE. Code Section 42-9-115 Amended. No. 205 (House Bill No. 407). AN ACT To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to the Board of Pardons and Paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may engage in certain businesses or professions or hold certain offices and may hold certain elective or appointive offices; to provide that board employees are not required to resign their employment if they become candidates for or accept appointment to certain public offices; to provide for exceptions; 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 9 of Title 42, relating to general provisions relative to the Board of Pardons and Paroles, is amended by striking in its entirety Code Section 42-9-15, relating to conflicts of interest by members or employees of the board, and inserting in its place the following: 42-9-15. (a) Except as provided in subsections (b) and (c) of this Code section, no member of the board or full-time employee thereof, during his or her service upon or under the board, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a member of the board or as an employee thereof; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof, or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise become a candidate for public office, without resigning from the board or from employment by the board. (b) Except as provided by subsection (c) of this Code section, an employee of the board shall not be required to resign from employment by the board if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office. (c) An employee of the board shall be required to resign from employment by the board if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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FIRE PROTECTION AND SAFETY FIRE EXTINGUISHERS; FIRE SUPPRESSION SYSTEMS; LICENSING EXEMPTION FOR CERTAIN INSTALLATION, SERVICING, AND TESTING. Code Sections 25-12-1 and 25-12-8 Amended. No. 206 (House Bill No. 415). AN ACT To amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm; to provide that no permit shall be required for individuals employed by certain firms and governmental entities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 25 of the Official Code of Georgia Annotated, is amended by striking Code Section 25-12-1, relating to required license and compliance with said chapter, and inserting in lieu thereof the following: 25-12-1. It is unlawful for any firm to engage in the business of installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems, as defined by this chapter, in this state except in conformity with the provisions of this chapter. Each firm engaging in any such business must possess a valid and subsisting license issued by the Commissioner. Such license shall not be required for any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such firms shall remain subject to the rules and regulations adopted pursuant to this chapter. SECTION 2. Said chapter is further amended by striking Code Section 25-12-8, relating to the permit and fee required for individual installing, inspecting, servicing, or testing, and inserting in lieu thereof the following: 25-12-8. Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must possess a valid and subsisting permit issued by the Commissioner. The annual fee for said

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permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00. Such permit shall not be required for any individual employed by any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such individuals shall remain subject to the rules and regulations adopted pursuant to this chapter. SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. SOCIAL SERVICES CHILDREN AND YOUTH; TRANSFER OF ATRISK UNRULY OR DELINQUENT YOUTHS TO DEPARTMENT OF CORRECTIONS; REPEAL. Code Section 49-5-10.1 Repealed. No. 207 (House Bill No. 438). AN ACT To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to repeal a provision relating to the transfer of at-risk unruly or delinquent youth to the custody of the Department of Corrections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by repealing Code Section 49-5-10.1, which reads as follows: 49-5-10.1. (a) The Department of Children and Youth Services may temporarily transfer at-risk unruly or delinquent children to the custody of the Department of Corrections to be incarcerated in a specially commissioned institution solely dedicated to the housing and rehabilitation of such at-risk unruly or delinquent children. The Board of Children and Youth Services and the Board of Corrections shall be authorized to

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promulgate rules and regulations necessary to carry out the provisions of this Code section. (b) The Board of Corrections shall establish, by rule or regulation, criteria for the periodic review of children in the custody of the Department of Corrections and shall periodically review each child transferred to the custody of the Department of Corrections for the purposes of determining whether the child continues to be at risk. Should the Department of Corrections determine that a child is no longer at risk and there no longer exists a need to incarcerate the child within the Department of Corrections, the child shall be transferred back to the custody of the Department of Children and Youth Services. The Board of Corrections shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (c) All children shall be discharged at the appropriate time to the custody of the Department of Children and Youth Services which shall have responsibility for further intensive supervision or other appropriate aftercare as may be required or authorized by law. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES DRIVER TRAINING INSTRUCTORS; LICENSE PERIOD. Code Section 43-13-6 Amended. No. 208 (House Bill No. 451). AN ACT To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, The Driver Training School License Act, so as to provide that driver training instructor licenses shall be valid for four years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, The Driver Training School License Act, is amended by striking subsection (b)

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of Code Section 43-13-6, relating to issuance of licenses to qualified applicants, in its entirety and inserting in lieu thereof the following: (b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the Department of Public Safety as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. INSURANCE PREMIUM TAXES RECEIVED BY COUNTIES; EXPENDITURE OF PROCEEDS. Code Section 33-8-8.3 Amended. No. 209 (House Bill No. 492). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expenditure of proceeds from certain insurance premium taxes received by counties; 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 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, is amended by striking Code Section 33-8-8.3, relating to expenditure of proceeds of the insurance premium tax by county governing authorities, and inserting in its place a new Code Section 33-8-8.3 to read as follows: 33-8-8.3. (a) The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either: (1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia:

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(A) Police protection, except such protection provided by the county sheriff; (B) Fire protection; (C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; (E) Such other services as may be provided by the county governing authority for the primary benefit of the inhabitants of the unincorporated area of the county; or (2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this subsection to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this subsection. (b) In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Sections 33-8-8.1 and 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of subsection (a) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of subsection (a) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted. SECTION 2. This Act shall become effective on January 1, 1998, and shall be applicable to all fiscal years beginning on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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SOCIAL SERVICES CHILDREN AND YOUTH SERVICES; COMPENSATION OF EMPLOYEES FOR DAMAGES TO APPAREL CAUSED BY YOUTHS UNDER CUSTODY. Code Section 49-4A-14 Enacted. No. 210 (House Bill No. 497). 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 authorization for the department to compensate employees for damage to apparel under certain circumstances; 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 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding at the end thereof a new Code section to read as follows: 49-4A-14. (a) As used in this Code section, the term `apparel' includes eyeglasses, hearing aids, clothing, and similar items worn on the person of the employee. (b) When action by a youth under the control and custody of the department results in damage to an item of apparel, the department shall compensate the employee for the loss in the amount of either the repair cost, the replacement value, or the actual cost of the item of wearing apparel, whichever is less. Such loss shall be compensated only in accordance with procedures to be established by the department, and no compensation shall be made by the department in excess of $500.00 per incident. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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CONSERVATION AND NATURAL RESOURCES HAZARDOUS WASTE MANAGEMENT; FEE WAIVERS. Code Section 12-8-93 and 12-8-95.1 Amended. No. 211 (House Bill No. 510). AN ACT To amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Site Response Act, so as to authorize the director of the Environmental Protection Division of the department of Natural Resources to grant a waiver of a portion of certain fees under certain circumstances; to provide that the Board of Natural Resources shall promulgate rules and regulations relative to such waiver; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 8 of Title 12, the Georgia Hazardous Site Response Act, is amended in Code Section 12-8-93, relating to certain powers and duties of the board of natural resources, by striking the word and at the end of paragraph (4) of subsection (b), 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 immediately following such paragraph (5) the following: (6) Rules and regulations governing the waiver of hazardous waste management fees and hazardous substance reporting fees as provided in subsection (i) of Code Section 12-8-95.1. SECTION 2. Said part is further amended by inserting at the end of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, the following: (i) In accordance with rules promulgated by the board pursuant to paragraph (6) of Code Section 12-8-93, the director is authorized to grant a waiver of a portion of the hazardous waste management fees and hazardous substance reporting fees provided by subsection (a) of this Code section not to exceed a 25 percent reduction per year for a maximum of three years for any company as an incentive upon the recommendation of the director of the Pollution Prevention Assistance Division made in conjunction with programs and activities designed to encourage industries in the state to reduce their generation of wastes, including but not limited to programs established to recognize and reward pollution performance and environmental improvement.

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SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. COURTS SUPERIOR COURT CLERKS; GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY; REAL PROPERTY RECORDS; STATE-WIDE UNIFORM INFORMATION SYSTEM. Code Sections 15-6-61 and 15-6-66 Amended. Code Section 15-6-99 Enacted. Ga. L. 1995, p. 260 Amended. Ga. L. 1996, p. 1502 Amended. No. 212 (House Bill No. 524). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementation of a state-wide uniform information system for real property records; to require that liens and conveyances filed with the clerk shall have a three-inch margin at the top or that such clerk attach a page to create a margin; to provide for the re-creation of grantor and grantee indexes in a uniform manner under the supervision of the Georgia Superior Court Clerks' Cooperative Authority; to provide for superior court clerks' duties relative thereto and for their limited liability for reliance on indexes other than the original county index; to provide for related matters; to amend an Act approved April 7, 1995 (Ga. L. 1995, p. 260), as amended by an Act approved April 16, 1996 (Ga. L. 1996, p. 1502), so as to change provisions providing for automatic repeal of Code Sections 15-6-97, relating to the state-wide uniform automated information system, and 15-6-98, relating to collection and remittance of fees, which Code sections were enacted by such 1995 Act and to change the fees collected for filing real property records; to provide for effective dates; to provide for a sunset provision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking

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paragraph (10) of Code Section 15-6-61, relating to the duties of superior court clerks generally and computerized record keeping, and inserting in lieu thereof the following: (10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Beginning July 1, 1998, all liens or conveyances left to be filed shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. If any lien or conveyance shall be presented for filing without sufficient margin, the clerk shall attach a piece of paper sufficient to give such margin at the top of the filing. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing; SECTION 2. Said article is further amended by striking paragraph (15) of subsection (a) of Code Section 15-6-61, relating to the duties of superior court clerks generally and computerized record keeping, and inserting in lieu thereof the following: (15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; and (16) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court. SECTION 3. Said article shall be further amended by striking subsection (c) of Code Section 15-6-66, relating to grantor-grantee indexes for real property, and inserting in lieu thereof the following: (c) The clerk of the superior court shall employ the methods provided for in paragraph (15) of subsection (a) of Code Section 15-6-61 in the

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creation, management, transmission, printing, and revision of the indexes provided for in this Code section. Compliance with such methods and with the rules and regulations relating to indexing established by the Georgia Superior Court Clerks' Cooperative Authority shall not expose the clerk of the superior court to new or additional liability relating to such indexes. (d) This Code section shall not apply to transactions covered by Article 9 of Title 11. SECTION 4. Said article is further amended by adding at the end thereof a new Code section to read as follows: 15-6-99. (a) The Georgia Superior Court Clerks' Cooperative Authority is authorized to re-create grantor and grantee indexes that exist prior to January 1, 1999, in each county for the purpose of providing information and history concerning real property records for the state-wide uniform automated information system provided for in Code Section 15-6-97. The number of prior year indexes to be re-created shall be determined by the Georgia Superior Court Clerks' Cooperative Authority in cooperation with the clerks of the superior courts who shall provide copies of such county indexes or access to copies of such indexes for re-creating such indexes. A copy of the re-created index shall be furnished to each county but shall not replace or supersede the original county index. (b) Re-creation of such grantor and grantee indexes shall be accomplished by using only the existing index in each county and the information shown in such indexes. No other sources of information shall be reviewed. (c) The re-created indexes shall be in the format and file structure as designed and adopted by the Georgia Superior Court Clerks' Cooperative Authority for the state-wide uniform automated information system. The re-created indexes shall contain only the information from the existing county indexes which is applicable to and complies with such format and file structure for the state-wide uniform automated information system. (d) Re-creation of such indexes shall include conforming the indexing of grantor and grantee names, as determined by the Georgia Superior Court Clerks' Cooperative Authority, to be in a consistent and standard manner for the state-wide uniform automated information system. A conversion summary of such names being conformed on a county by county basis shall be maintained by the authority, and a copy of such summary shall be furnished for information purposes only to each county with the re-created county index.

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(e) The original county indexes shall not be altered or changed in any manner or by any process as a result of the re-creation of any grantor and grantee index, and such re-created index shall be clearly and distinctly labeled to identify it separately from the original county index. Any re-created index shall not replace the original county index as such index was originally recorded by the clerk of the superior court for any point in time. (f) A clerk of the superior court, the Georgia Superior Court Clerks' Cooperative Authority, or an authorized agent of the authority shall not suffer any liability as a result of the required cooperation authorized and provided for between the parties by this Code section. SECTION 5. An Act approved April 7, 1995 (Ga. L. 1995, p. 260), as amended by an Act approved April 16, 1996 (Ga. L. 1996, p. 1502), is amended by striking in its entirety Section 6 and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. Section 2 of this Act shall stand repealed on January 1, 2004. SECTION 6. An Act approved April 16, 1996 (Ga. L. 1996, p. 1502), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following: SECTION 5. Section 1 of this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective January 1, 2004. Sections 3 and 4 of this Act shall become effective July 1, 1996. SECTION 7. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon 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 14, 1997.

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STATE GOVERNMENT OFFICE OF TREASURY AND FISCAL SERVICES; PUBLIC ACCESS TO RECORDS RESTRICTED; INVESTMENTS BY DIRECTOR AUTHORIZED. Code Section 50-5A-11 Enacted. Code Sections 50-17-2 and 50-17-63 Amended. No. 213 (House Bill No. 558). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create specific standards for public access to certain records in the Office of Treasury and Fiscal Services; to prohibit certain access; to provide for conditions for limited access; to authorize the director of the Office of Treasury and Fiscal Services to invest in certain securities authorized for direct investment by selling or purchasing such obligations under agreements to resell or repurchase the obligations; to provide for conditions and limitations with respect thereto; to authorize the director of the Office of Treasury and Fiscal Services to invest in certain bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities; to provide for conditions and limitations with respect 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section at the end of Chapter 5A, relating to the Office of Treasury and Fiscal Services, to be designated Code Section 50-5A-11, to read as follows: 50-5A-11. (a) The following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public: (1) Participant account balances in the local government investment pool; (2) All wiring or Automated Clearing House transfer of funds instructions; (3) Account analysis statements received or prepared by the staff of the Office of Treasury and Fiscal Services; (4) All bank account numbers in the possession of the Office of Treasury and Fiscal Services and any record or document containing such numbers;

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(5) All proprietary computer software in the possession or under the control of the Office of Treasury and Fiscal Services; and (6) All security codes and procedures related to physical, electronic, or other access to the Office of Treasury and Fiscal Services, its systems, and its software. (b) For a period from the opening of bank accounts until such time as those bank accounts are closed, the local government investment pool resolutions which pertain to the opening and maintenance of bank accounts shall not constitute public records and shall not be open to inspection by the general public. (c) For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public: (1) Investment trade tickets; and (2) Bank statements of the Office of Treasury and Fiscal Services. (d) For a period from the date of creation of the record until 30 days after adoption, bank fee payment schedules shall not constitute public records and shall not be open to inspection by the general public. (e) The restrictions of subsections (a), (b), (c), and (d) of this Code section shall not apply to access: (1) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the Office of Treasury and Fiscal Services is a party; (2) In prosecutions or other court actions to which the State of Georgia or the Office of Treasury and Fiscal Services is a party; (3) Given to federal or state regulatory or law enforcement agencies; (4) Given to any person or entity in connection with its account in the local government investment pool managed by the Office of Treasury and Fiscal Services pursuant to Chapter 83 of Title 36, the `Local Government Investment Pool Act'; or (5) Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the Legislative Budget Office, the state auditor and the Department of Audits, or the State Depository Board for use and public disclosure in the ordinary performance of those officers' and offices' duties. SECTION 2. Said title is further amended by striking Code Section 50-17-2, relating to agreements to resell or repurchase United States government and certain

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agency obligations, and inserting in its place a new Code Section 50-17-2 to read as follows: 50-17-2. (a) Agencies, authorities, boards, public corporations, instrumentalities, retirement systems, and other divisions of state government authorized to invest in direct obligations of the United States government or in obligations unconditionally guaranteed by agencies of the United States government may do so by selling and purchasing such obligations under agreements to resell or repurchase the obligations at a date certain in the future at a specific price which reflects a premium over the purchase or selling price equivalent to a stated rate of interest. Delivery of the obligations purchased may be made by deposit through book entry in a safekeeping account maintained by the seller of the securities, in the name of the purchasing state entity or its agent, clearly indicating the interest of the purchasing state entity. (b) In addition to the authorization in subsection (a) of this Code section, the director of the Office of Treaury and Fiscal Services may invest in the securities authorized for direct investment by subsection (b) of Code Section 50-17-63 by selling and purchasing such obligations under agreements to resell or repurchase the obligations at a date certain in the future at a specific price which reflects a premium over the purchase or selling price equivalent to a stated rate of interest. Delivery of the obligations purchased may be made by deposit through book entry in a safekeeping account maintained by the seller of the securities, in the name of the Office of Treasury and Fiscal Services or its agent, clearly indicating the interest of the Office of Treasury and Fiscal Services. SECTION 3. Said title is further amended by striking subsection (b) of Code Section 50-17-63, relating to deposit and investment of certain funds, and inserting in its place a new subsection (b) to read as follows: (b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such information as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state funds withdrawn from the state treasury on approved budgets shall be remitted to the Office of Treasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fund. The board may permit the director to invest in bankers' acceptances; commercial paper; and bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities or entities sanctioned or authorized

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by the United States government including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Government National Mortgage Association, the Import-Export Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia. SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. BANKING AND FINANCE CHECK CASHING BY FINANCIAL INSTITUTIONS, BANKS, SAVINGS AND LOAN ASSOCIATIONS, AND CREDIT UNIONS; CERTAIN FEES PROHIBITED. Code Section 7-1-239.5 Enacted. No. 214 (House Bill No. 570). AN ACT To amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution, savings bank, national bank, or state or federal credit union or savings and loan association may charge any fee of any kind to a person or corporation who does not have an account with that institution for cashing a check or other instrument which is payable to such person or corporation and is drawn on the account of another person or corporation with that institution; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, is amended by adding after Part 12 a new Part 13 to read as follows: Part 13 7-1-239.5. No financial institution, savings bank, national bank, or state or federal credit union or savings and loan association may charge any fee of any kind to a person or corporation who does not have an account with that institution for cashing a check or other instrument which is payable to such person or corporation and is drawn on the account of another person or corporation with that institution. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. BUILDINGS AND HOUSING REGIONAL HOUSING AUTHORITIES; BOARDS OF COMMISSIONERS; COMPOSITION AND SIZE. Code Section 8-3-106 Amended. No. 215 (House Bill No. 583). AN ACT To amend Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, so as to provide that the participating local governments shall be authorized to establish the composition of the board of commissioners of such an authority; to provide that each local government shall have at least one commissioner on the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, is amended by striking

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Code Section 8-3-106, relating to commissioners of such authorities, and inserting in its place a new Code section to read as follows: 8-3-106. The governing bodies of the counties desiring to form a regional housing authority shall have the right to establish by resolution the composition and size of the board of commissioners of the regional housing authority; provided, however, that each county shall have at least one commissioner on the board of commissioners of the regional housing authority. The governing body of each county shall appoint the successors of the commissioner or commissioners appointed by it. A certificate of the appointment of any commissioner appointed pursuant to this Code section shall be filed with the clerk of the county, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. SECTION 2. This Act shall become effective upon its approval by the Governor 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, 1997. CONSERVATION AND NATURAL RESOURCES COMMERCIAL ANALYTICAL LABORATORIES SUBMITTING DATA FOR REGULATORY PURPOSES; APPROVAL. Code Section 12-2-9 Enacted. No. 216 (House Bill No. 604). AN ACT To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that all commercial analytical laboratories submitting environmental testing data shall be accredited; 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 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of

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Natural Resources, is amended by inserting at the end thereof a new Code Section 12-2-9 to read as follows: 12-2-9. All commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved as specified in the Environmental Protection Division's rules and regulations. Such regulations shall provide for procedures, identification of accrediting organizations, reciprocity, and an effective date which allows a phase-in period. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. BANKING AND FINANCE AUTOMATED TELLER MACHINES; AGREEMENTS TO SHARE MACHINES; RIGHT NOT TO CHARGE TRANSACTION FEES TO COMMON CUSTOMERS. Code Section 7-1-295 Amended. No. 217 (House Bill No. 630). AN ACT To amend Part 3 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, so as to change the provisions relating to transaction fees charged by operators of automated teller machines; to provide that no agreement to share automated teller machines may prohibit, limit, or restrict the right of one or more financial institutions to enter into an agreement not to charge transaction fees to their common customers; 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 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of banks, is amended by striking Code Section 7-1-295, relating to transaction fees charged by operators of automated teller machines, and inserting in its place the following: 7-1-295. An operator of an automated teller machine in this state may charge a transaction fee to the customer using the machine. An agreement to share automated teller machines may not prohibit, limit, or restrict the right to charge such transaction fees and no such agreement may

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prohibit, limit, or restrict the right of one or more financial institutions to enter into an agreement not to charge such transaction fees to their common customers. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. HANDICAPPED PERSONS COMMUNITY TRUSTS; SUCCESSOR TRUSTS. Code Title 30, Chapter 10 Amended. No. 219 (House Bill No. 650). AN ACT To amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify the definition of successor trusts; to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to provide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits; to provide for use of funds in successor trusts for the benefit of indigent persons suffering from impairments; to provide for distribution of assets from trusts or successor trusts to the nonprofit organization administering the trust in specified circumstances; to provide that one or more accounts may be set up for a life beneficiary; to clarify the power of a cotrustee with regard to withdrawal; to clarify the applicability of the qualified immunity for trustees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, is amended by striking in its entirety subsection (7) of Code Section 30-10-2, relating to definitions relative to community trusts, and inserting in lieu thereof the following: (7) `Successor trust' means the trust established upon distribution by the board of trustees as follows:

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(A) Subsequent to the death or ineligibility of the life beneficiary because the donor has failed to designate a person or persons to whom assets are to be distributed upon the occurrence of such an event or because a distribution to the designated person or persons is impossible; or (B) Subsequent to the death of a life beneficiary if the donor designates himself or herself or the donor's spouse as life beneficiary pursuant to paragraph (4) of subsection (b) of Code Section 30-10-6. A successor trust shall meet all requirements for a community trust provided in this chapter and shall be administered as set forth in this chapter. SECTION 2. Said chapter is further amended by striking in their entirety paragraphs (2), (4), (6), (7), (8), (9), and (10) of subsection (b) of Code Section 30-10-6, relating to the terms and conditions of the trust, inserting new paragraphs in lieu thereof, and inserting a new subsection to be designated as subsection (c) to read as follows: (2) A community trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a community trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, one or more separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries. Administrative fees charged to an account of a life beneficiary shall not exceed the income allocated to that account; (4) If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions: (A) The contribution to the community trust shall be irrevocable; (B) The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall be distributed to a successor trust; and

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(C) Neither the donor nor the donor's spouse shall serve as cotrustee; (6) The cotrustee and the trustees annually, or more frequently, shall agree on the amount of income or principal, or both, to be used to provide noncash benefits and the nature and type of benefits to be provided to the life beneficiary. Such permissible benefits shall include, but not be limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary but which will not defeat the life beneficiary's eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary. The trustees and cotrustee may exercise discretion to make payments from time to time for a person to accompany the life beneficiary on vacations and outings and for the transportation of the life beneficiary or of friends and relatives of the life beneficiary to visit the life beneficiary. Expenditures shall not be made for the primary support or maintenance of the life beneficiary, including basic food, shelter, and clothing if, as a result, the life beneficiary would no longer be eligible to receive public benefits or assistance for which the life beneficiary would otherwise be eligible. Any net income which is not used shall be added annually to the principal; (7) Any cotrustee other than the donor may, for good and sufficient reason upon written notice to the trustees and a determination by the board of trustees that the reason for the withdrawal is good and sufficient or upon the issuance of a notice of termination by the board of trustees, withdraw all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of withdrawal. In no event shall a cotrustee be entitled to withdraw only a portion of the current fair market value of the life beneficiary's account in the trust. In the event of withdrawal, the current fair market value of the balance of the life beneficiary's account in the trust shall be distributed to the donor; (8) If a life beneficiary for whose benefit a contribution has been made to the trust ceases to be eligible to participate in the trust, and neither the donor nor the cotrustee revokes or withdraws the contribution, then the board of trustees may, by written notice to the donor or cotrustee, terminate the trust as to such life beneficiary. Upon termination, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the person or persons the donor has designated; provided, however, that if the donor has

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failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection; (9) Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary, shall be distributed to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and (10) The trustee of the successor trust shall hold, administer, and distribute the principal and income of the successor trust, in the discretion of the trustee, for the maintenance, support, health, education, and general well-being of indigent persons suffering from one or more impairments, recognizing that it is the purpose of the successor trust to supplement, not replace, any government benefits for the beneficiary's or beneficiaries' basic support for which the beneficiary or beneficiaries may be eligible and to improve the quality of the beneficiary's or beneficiaries' life by providing him, her, or them with those amenities which cannot otherwise be provided by public assistance or other available sources. Permissible expenditures include, but are not limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary educational aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the beneficiary or beneficiaries; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the beneficiary or beneficiaries but which will not defeat his, her, or their eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the beneficiary or beneficiaries. The trustee of the successor trust, in his or her discretion, may make payments from time to time for a person to accompany a beneficiary on vacations and outings and for the transportation of a beneficiary or of friends or relatives of a beneficiary to visit a beneficiary. Any

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undistributed income of the successor trust shall be added to the principal from time to time. Expenditures shall not be made for the primary support or maintenance of a beneficiary, including basic food, shelter, and clothing, if, as a result, a beneficiary would no longer be eligible to receive public benefits or assistance for which such beneficiary would otherwise be eligible. (c) The nonprofit organization administering the community trust may receive a distribution of trust assets as payment for services rendered to the life beneficiary or if the assets distributed are used solely for the benefit of the life beneficiary. The nonprofit organization administering a successor trust may receive a distribution of trust assets as payment for services rendered to a beneficiary or if the assets are used solely for the benefit of a beneficiary. SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 30-10-7, relating to life beneficiaries, and inserting in its place the following: (b) Except for the right of a donor, other than a donor or a donor's spouse who is a life beneficiary, to revoke any contribution made to a community trust, pursuant to paragraph (5) of subsection (b) of Code Section 30-10-6, and the right of any cotrustee other than the donor to withdraw all of the contribution made to the account of a life beneficiary, pursuant to paragraph (7) of subsection (b) of Code Section 30-10-6, neither the donor nor any cotrustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of a community trust. The income or the principal or any interest of any life beneficiary in the trust shall not be liable for any debt incurred by the donor or any cotrustee. The principal or income of a community trust shall not be subject to seizure by any creditor of any donor or any cotrustee under any writ or proceeding in law or in equity. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 30-10-8, relating to liability of trustees, and inserting in lieu thereof the following: 30-10-8. No trustee, cotrustee, successor cotrustee, or successor trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by a community trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee, cotrustee, successor cotrustee, or successor trustee.

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SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PUBLIC OFFICERS AND EMPLOYEES REWARDS BY COUNTIES OR MUNICIPALITIES FOR DETECTION OR APPREHENSION OF FELONS. Code Section 45-12-35 Amended. No. 222 (House Bill No. 719). AN ACT To amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of certain felonies or other offenses, so as to change the amount of the reward which may be offered and paid by county and municipal governing authorities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of certain felonies or other offenses, is amended by striking subsection (b) of said Code section and inserting in its place the following: (b) The Governor and any county or municipal governing authority shall, in their discretion, offer and cause to be paid rewards for the detection or apprehension of the perpetrator of any felony committed within this state, such reward not to exceed the sum of $1,000.00 in felonies not capital, including arson, and not to exceed the sum of $10,000.00 in capital felonies and arson; provided, however, that the governing authority of a county or municipality may offer and pay such a reward only in cases in which the Governor has first offered a reward and, in such cases, the amount offered by any local governing authority shall not exceed $25,000.00.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor 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, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES DEPARTMENT OF CHILDREN AND YOUTH SERVICES; CERTAIN EMPLOYEES DESIGNATED AS PEACE OFFICERS; CERTAIN CONTRACTORS DESIGNATED AS LAW ENFORCEMENT UNITS. Code Sections 35-8-2 and 49-4A-8 Amended. No. 223 (House Bill No. 755). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the Georgia Peace Officer Standards and Training Act, so as to change the provisions relating to definitions; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, so as to provide for the authority of the commissioner to designate as peace officers certain employees of the department and certain employees of persons or organizations which contract with the department and to designate as law enforcement units the department and its institutions and facilities and certain persons and organizations which contract with the department and provide certain services; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the Georgia Peace Officer Standards and Training Act, is amended by striking subparagraph (B) of paragraph (7) of Code Section 35-8-2, relating to the definition of law enforcement units, and inserting in its place the following: (B) The Office of Permits and Enforcement of the Department of Transportation, the Department of Children and Youth Services and its institutions and facilities for the purpose of personnel who are authorized to exercise the power of arrest and who are

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employed or appointed by said department or institutions, and the office or section in the Department of Children and Youth Services in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children; and. SECTION 2. Said chapter is further amended by striking subparagraph (B) of paragraph (8) of Code Section 35-8-2, relating to the definition of peace officers, and inserting in its place two new subparagraphs to read as follows: (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; (B.1) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Children and Youth Services whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs; and. SECTION 3. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, is amended by striking paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to the commitment of delinquent children, and inserting in its place the following: (2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend

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delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter. SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. LOCAL GOVERNMENT BONDS AND FINANCING; ISSUANCE OF OBLIGATIONS BY CERTAIN AUTHORITIES PROHIBITED. Code Sections 36-82-220, 36-82-221, and 36-82-222 Enacted. No. 225 (House Bill No. 803). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to local government bonds and financing, so as to prohibit certain authorities from issuing certain obligations; to provide for definitions; to provide for conditions and limitations; to provide for construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to local government bonds and financing, is amended by adding at its end a new Article 9 to read as follows: ARTICLE 9 36-82-220. As used in this article, the term: (1) `Governmental unit' means any county, municipal corporation, school district, or political subdivision of the state. (2) `Local authority' means any public corporation or authority created by or pursuant to a local or special Act of the General Assembly or a local or special amendment to the Constitution. (3) `Obligations' means any bonds, notes, certificates, or obligations of any kind to evidence any repayment obligation for money borrowed or to evidence any divided or undivided interest in any lease or installment purchase contract or other obligation. (4) `Sponsoring governmental unit' means: (A) Any governmental unit the governing body of which, or any member thereof which, is authorized by law or constitutional amendment to appoint or elect any member of the governing body of a local authority; (B) Any governmental unit within the territorial or corporate limits of which any member of the governing body of a local authority is required by law or constitutional amendment to reside; (C) Any governmental unit an elected or appointed official of which is required by law or constitutional amendment to be a member of the governing body of a local authority; or (D) Any governmental unit any part of the territorial or corporate limits of which are located within the territorial or corporate limits of a governmental unit described in subparagraph (A), (B), or (C) of this paragraph. 36-82-221. No local authority shall issue or be a grantor of a trust which issues any obligations to finance or refinance any real or personal property to be

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owned, leased, or operated by any governmental unit which is not a sponsoring governmental unit of such local authority. 36-82-222. This article shall be liberally construed to effect the purposes hereof. Insofar as the provisions of this article may be inconsistent with the provisions of any local or special amendment to the Constitution, this article shall control and shall be deemed to be an exercise of the power to enlarge or restrict the provisions of such local or special constitutional amendment. SECTION 2. This Act shall become effective upon its approval by the Governor 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, 1997. HEALTH PRIVATE HOME CARE PROVIDERS; EXEMPTION FOR SERVICES PROVIDED THROUGH SENIOR VOLUNTEER PROGRAMS. Code Section 31-7-305 Amended. No. 226 (House Bill No. 830). AN ACT To amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to provide an additional exemption from the provisions of said article; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, is amended by striking Code Section 31-7-305, relating to exempt services, and inserting in its place the following: 31-7-305. This article shall not apply to private home care services which are provided under the following conditions:

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(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 article 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; (6) When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacy; and (7) When those services are provided directly by an individual on a volunteer basis through a senior volunteer program, which includes the foster grandparent program, the senior companion program, and the retired and senior volunteer program. In no case shall there be remuneration to any person, firm, corporation, or volunteer for services rendered or coordination of services in conjunction with the senior volunteer program or the foster grandparent program. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. ELECTIONS COUNTIES OF NOT LESS THAN 45,000 AND NOT MORE THAN 50,000 POPULATION; BOARDS OF ELECTION; REPEAL. Ga. L. 1974, p. 3556 Repealed. No. 227 (House Bill No. 833). AN ACT To repeal an Act creating a board of elections in certain counties, approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of elections in counties having a population of not less than 45,000 and not more than 50,000, according to the 1970 United States decennial census or any future such census, approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended, is repealed in its entirety. SECTION 2. This Act shall become effective on January 1, 1998, but only if an Act providing for the Carroll County Board of Elections and providing that such board will succeed to the powers and duties of another board and of the election superintendent becomes effective January 1, 1998. Otherwise, this Act will stand repealed on January 1, 1998, and shall be void and of no effect. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. STATE GOVERNMENT OFFICIAL STATE BEEF AND PORK BARBECUE CHAMPIONSHIP COOKOFFS DESIGNATED. Code Section 50-3-75 Enacted. No. 228 (House Bill No. 845). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Hawkinsville Civitan Club's Shoot the Bull barbecue championship as the state's official beef barbecue championship cookoff; to designate the Slosheye Trail Big Pig Jig as the state's official pork barbecue cookoff; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Hawkinsville Civitan Club annually sponsors the Shoot the Bull barbecue championship which attracts competitors from throughout Georgia and the surrounding states; and WHEREAS, the funds raised from this outstanding event are used to assist the Civitan International Research Center, which is working toward a cure for Down's syndrome and other developmental disabilities, to provide disabled children in the community with an opportunity to attend Camp

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Civitan during the summer and to assist disabled people in the community and others with unexpected needs; and WHEREAS, the Shoot the Bull barbecue championship has earned a well-deserved reputation for the quality and flavor of the barbecue which is submitted by the participants; and WHEREAS, many of those who participate in this event go on to claim championship awards in barbecue competitions throughout the United States; and WHEREAS, the Dooly County Chamber of Commerce is sponsoring the sixteenth annual Slosheye Trail Big Pig Jig in Vienna, Georgia, on October 4 through 11, 1997; and WHEREAS, this unparalleled Cadillac of Barbecue Contests attracts teams from across the southeastern United States who match their culinary craftsmanship and highly refined skills in the consummate art of pig cookery with the creation of one of the most exquisite, treasured, and relished foods in Georgia; and WHEREAS, this event, which has grown in magnitude each year since its inception and has become one of the Southeast's most widely anticipated and popular annual festivals, reaches as far as Texas, where many uninformed persons still mistakenly refer to burnt beef as barbecue; and WHEREAS, it is only fitting and proper that these outstanding events and the hard work and dedication of the members of the Hawkinsville Civitan Club and the Dooly County Chamber of Commerce that have made this event so successful be properly recognized. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding at the end thereof a new Code Section 50-3-75 to read as follows: 50-3-75. (a) The Hawkinsville Civitan Club's `Shoot the Bull' barbecue championship is designated as the official state beef barbecue championship cookoff. (b) The Dooly County Chamber of Commerce's `Slosheye Trail Big Pig Jig' is designated as the official state pork barbecue championship cookoff.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. ELECTIONS GEORGIA ELECTION CODE; GENERAL PROVISIONS; SUPERVISORY BOARDS AND OFFICERS; SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS; PRESIDENTIAL PREFERENCE PRIMARY; REGISTRATION OF VOTERS; VOTING BY PAPER BALLOT; VOTING MACHINES AND VOTE RECORDERS GENERALLY; ABSENTEE VOTING; PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS; RETURNS; CONTESTED ELECTIONS AND PRIMARIES; SPECIAL ELECTIONS AND PRIMARIES GENERALLY. Code Title 21, Chapter 2 Amended. No. 256 (House Bill No. 635). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, so as to provide for certain new definitions; to amend certain definitions; to remove the authority of the Secretary of State to designate hearing officers in certain candidate qualification challenge proceedings; to provide that certain time periods applicable to primaries and elections generally include Saturdays, Sundays, and legal holidays; to provide for a mechanism for resignation from and filling of vacancies on boards of counties having no board of elections and in which the judge of probate court is a candidate; to amend provisions relating to terms of service on such boards; to change the method of determining the distribution of qualifying fees in primaries and elections generally; to change the inclusive dates of notification of intent for write-in candidates for general and special elections; to provide for the time of qualification of candidates for presidential elector; to provide that the state executive committee of a party may fill a vacancy in any party nomination; to change provisions relating to the presidential candidate selection committee and the certification of candidates; to delete certain provisions relating only to the 1992 and 1996 primaries; to provide that the Secretary of State and election superintendents shall reject nominating petition signatures and pages not in conformance with law; to change certain provisions relating to form and submission of such petitions; to change certain provisions relating to absentee ballots; to provide for certain changes in the procedures relating to registration of voters, precinct cards, and the official list of voters; to change certain provisions relating to ballot labels in nonpartisan primaries; to provide for separate vote recorders for each party in primaries; to authorize nonpartisan poll watchers and to incorporate certain State Election Board rules into the provisions governing poll watchers; to make certain provisions governing general primary qualification applicable to special primaries; to amend certain provisions relating to nomination in nonpartisan primaries; to provide for setting the date of second primaries, elections, and runoffs in contested general primaries, elections, and runoffs; to amend certain procedures relating to appeals of judgments in such contests; to clarify certain provisions relating to dates of special primaries and special elections generally; to change certain provisions regarding the printing of certain candidates' names on election ballots and ballot labels in elections and primaries generally; to provide for public access to polling places during the official count; to require entry of credit for voting within a certain period; to permit the destruction of unused ballots under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, is amended by striking in its entirety Code Section 21-2-2, relating to definitions applicable to primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-2 to read as follows: 21-2-2. As used in this chapter, the term: (1) `Ballot card' means the tabulating or punch card upon which an elector records his or her vote by the use of a vote recorder. `Ballot card' also means a ballot upon which an elector records his or her vote for tabulation by an optical scan tabulating machine. (2) `Ballot labels' means the cards, paper, or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on. (2.1) `Call' or `the call,' as used in relation to special elections or primaries, means the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action.

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(3) `Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and with instructing the poll officers in the use of same. (4) `Election' means any general or special election and shall not include a primary. (5) `Election district' is synonymous with the terms `precinct' and `voting precinct.' (6) `Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and shall have registered in accordance with this chapter. (7) `General election' means an election recurring at stated intervals fixed by law; and the words `general primary' mean a primary recurring at stated intervals fixed by law. (8) `Independent' means a person unaffiliated with any political party or body. (9) `Managers' means the chief manager and the assistant managers required to conduct primaries and elections in any precinct in accordance with this chapter. (10) `Municipality' means an incorporated municipality. (11) `Nomination' means the selection, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (12) `November election' means the general election held on the Tuesday next following the first Monday in November in each even-numbered year. (13) `Numbered list of voters' means one or more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names at the time of and in the order of receiving their ballots or number slips governing admissions to the voting machines. (14) `Oath' shall include affirmation. (15) `Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-2-280. (16) `Official ballot label' means a ballot label prepared in accordance with Article 9 of this chapter and delivered by the superintendent to the poll officers in accordance with Code Sections 21-2-328 and 21-2-360. (17) `Paper ballot' or `ballot' means the forms described in Article 8 of this chapter. The term `paper ballot' shall not include a ballot card.

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(18) `Party nomination' means the selection by a political party, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (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. (19) `Political body' or `body' means any political organization other than a political party. (20) `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, except that the term `political organization' shall not include a `subversive organization' as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the `Sedition and Subversive Activities Act of 1953.' (21) `Political party' or `party' means any political organization which at the preceding: (A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or (B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 percent of the total vote cast in the nation for that office. (22) `Polling place' means the room provided in each precinct for voting at a primary or election. (23) `Poll officers' means the chief manager, assistant managers, and clerks required to conduct primaries and elections in any precinct in accordance with this chapter. (23.5) `Precinct' is synonymous with the term `voting precinct' and means a geographical area, established in accordance with this chapter, within which all electors vote at one polling place. (24) `Primary' means any election held for the purpose of electing party officers or nominating candidates for public offices to be voted for at an election. (25) `Public office' means every federal, state, and county office to which persons can be elected by a vote of the electors under the laws

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of this state, except that the term shall not include the office of soil and water conservation district supervisor. (26) `Question' means a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election. (27) `Residence' means domicile. (28) `Special election' means an election that arises from some exigency or special need outside the usual routine. (29) `Special primary' means a primary that arises from some exigency or special need outside the usual routine. (30) `Superintendent' means either the judge of the probate court of a county or the county board of elections, the county board of elections and registration, the joint city-county board of elections, or the joint city-county board of elections and registration, if a county has such. (31) `Swear' shall include affirm. (32) `Tabulating machine' means any data processing machine used in counting ballot cards and tabulating votes thereon. (33) Reserved. (34) `Vote recorder' means a device into which a ballot card may be inserted so that an elector may record his or her vote for any candidate and for or against any question by punching or marking the ballot card. (34.1) `Voter' is synonymous with the term `elector.' (35) `Voting machine' shall not include a vote recorder or tabulating machine. (36) `Write-in ballot' means the paper or other material on which a vote is cast for persons whose names do not appear on the official ballot. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications, and inserting in lieu thereof a new Code Section 21-2-5 to read as follows: 21-2-5. (a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of

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candidacy shall meet the constitutional and statutory qualifications for holding the office being sought. (b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon own his or her motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State. (c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are: (1) In violation of the Constitution or laws of this state;

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(2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. SECTION 3. Said chapter is further amended by striking in its entirety Code Section 21-2-14, relating to computation of time under said chapter, and inserting in lieu thereof a new Code Section 21-2-14 to read as follows: 21-2-14. Unless otherwise stated, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof a new Code Section 21-2-70 to read as follows: 21-2-70. Each superintendent within his or her county shall exercise all the powers granted to him or her by this chapter and shall perform all the duties imposed upon him or her by this chapter, which shall include the following: (1) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, redivision, alteration, change, or consolidation of precincts; (2) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him or her in accordance with this chapter;

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(3) To prepare and publish, in the manner provided by this chapter, all notices and advertisements, in connection with the conduct of elections, which may be required by law, and to transmit immediately to the Secretary of State a copy of any publication in which a call for a special primary, election, or runoff is issued; (4) To select and equip polling places for use in primaries and elections in accordance with this chapter; (5) To purchase, except voting machines and voting recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections; (6) To appoint poll officers and other officers to serve in primaries and elections in accordance with this chapter; (7) To make and issue such rules, regulations, and instructions, consistent with law, including the rules and regulations promulgated by the State Election Board, as he or she may deem necessary for the guidance of poll officers, custodians, and electors in primaries and elections; (8) To instruct poll officers and others in their duties, calling them together in meetings whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several precincts of his or her county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted; (9) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify, as soon as practicable following the primary and election, the results thereof to such authorities as may be prescribed by law; (10) To announce publicly, by posting in his or her office, the results of all primaries and elections held in his or her county; (11) To cause the casting of votes by qualified electors to be reported to the Secretary of State within 60 days of a primary or election for the purpose of maintaining the list of electors; (12) To prepare annually a budget estimate of his or her expenses under this chapter, in which shall be set forth an itemized list of expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his or her county are now or may hereafter be required to be filed; and (13) To perform such other duties as may be prescribed by law.

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SECTION 5. Said chapter is further amended by striking in its entirety Code Section 21-2-74, relating to creation of a board in counties having no board of elections and in which the judge of probate court is a candidate, and inserting in lieu thereof a new Code Section 21-2-74 to read as follows: 21-2-74. (a) If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election, a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state Democratic executive committee, and of an elector of the county named by the state Republican executive committee shall assume the duties of the election superintendent for any such primary or election. (b) In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult. (c) Within five days after the close of qualifying, the judge of the probate court shall notify the state Democratic and Republican party executive committees in writing of the need to appoint a member of the board. The state executive committees shall have 14 days from the close of qualifying to appoint their respective members of the board. If the state executive committee of a party has not notified the judge of the probate court of its appointment by the close of business on the fourteenth day after the close of qualifying, the judge of the probate court shall notify the chief judge of the superior court of the county. The chief judge shall appoint an elector of the county to serve on the board within seven days following the notice from the judge of the probate court. A board member may resign by giving written notice to the probate judge. In the event of the death, resignation, or other vacancy of the position of an appointed board member, the probate judge shall immediately notify the state executive committee of the appropriate party of such vacancy, and the state executive committee shall promptly fill such vacancy. If the state executive committee has not filled such vacancy within seven days after notification of such vacancy by the probate judge, the probate judge shall notify the chief judge of the superior court of the county of such vacancy and the chief judge shall appoint a person to serve within seven days after being so notified. (d) The judge of the probate court shall swear in the other board members and shall instruct the other board members concerning their

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duties on the board. The board members shall begin service on the board on the date on which they take their oath as members of the board and shall serve until the judge of the probate court no longer has opposition or is no longer a candidate for public office, whichever comes first. (e) Appointed board members shall receive a per diem of $55.00 per day for each day of service on the business of the board. Such fees shall be paid from county funds. SECTION 6. Said chapter is further amended by striking in its entirety Code Section 21-2-130, relating to procedures for qualification of candidates in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-130 to read as follows: 21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132; (7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or (8) Nomination in a nonpartisan primary. SECTION 7. Said chapter is further amended by striking in its entirety Code Section 21-2-131, relating to fixing and publication of, payment of, and distribution

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of qualifying fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: 21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50

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percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in the candidate's district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (3) Qualification fees paid to the superintendent of the county: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion

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to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election. SECTION 8. Said chapter is further amended by striking in its entirety Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new Code Section 21-2-132 to read as follows: 21-2-132. (a) The names of nominees of political parties nominated in a primary, the names of nominees of political parties for the office of presidential elector, and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking nomination in a nonpartisan primary shall comply with the requirements of subsections (b.1) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. Candidates seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. (b.1) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and

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(2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election;

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(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking nomination or election in a nonpartisan primary or election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. (e) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county of his or her residence eligible to vote in the election in which he or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (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 or conviction of domestic violence 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 (8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy. (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or

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her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same

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petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. SECTION 9. Said chapter is further amended by striking in its entirety Code Section 21-2-133, relating to giving of notice of intent by write-in candidates, and inserting in lieu thereof a new Code Section 21-2-133 to read as follows:

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21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or (2) In a general or special election of county officers, to the superintendent of elections in the county in which he or she is to be a candidate and by publication in the official organ of the same county. (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1) or (2) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. (d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. (e) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State. SECTION 10. Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows: 21-2-134. (a)(1) A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as

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a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office, or the county superintendent, if nominated 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 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. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, 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 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. (b)(1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such

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

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but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate.

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

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and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election. (f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairperson and secretary before an officer qualified to administer oaths. SECTION 11. Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to date of general and nonpartisan primary, and inserting in lieu thereof a new Code Section 21-2-150 to read as follows: 21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. SECTION 12. Said chapter is further amended by striking in its entirety Code Section 21-2-153, relating to qualification of candidates for party nomination in a

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primary, and inserting in lieu thereof a new Code Section 21-2-153 to read as follows: 21-2-153. (a) A candidate for any party nomination in a primary may qualify by either of the two following methods: (1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or (2) (A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.1) of this Code section, by which the candidate under oath affirms his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his or her pauper's affidavit and financial statement with the state political party. (a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total

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number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the

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petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. (b) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office if he or she: (1) Meets the requirements of such procedural rules; (2) Is eligible to hold the office which he or she seeks; (3) Is not prohibited from being nominated or elected by provisions of Code Section 21-2-7 or 21-2-8; and (4) If party rules so require, affirms his or her allegiance to his or her party by signing the following oath: `I do hereby swear or affirm my allegiance to the (name of party) Party.' (c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary. (d)(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. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn,

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or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor. (e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (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 (8) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter. (f) Candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. SECTION 13. Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-154 to read as follows: 21-2-154. (a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each

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political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. (b) Any candidate whose name does not appear on the list of candidates postedy by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c) (2) (A) of Code Section 15-16-1, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210. SECTION 14. Said chapter is further amended by striking in its entirety Code Section 21-2-171, relating to examination of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-171 to read as follows: 21-2-171. (a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (1) It contains material errors or defects apparent on the face thereof; (2) It contains material alterations made after signing without the consent of the signers; or (3) It does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the

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provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any singer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet. (b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he or she should reside more than 100 miles from the place of hearing by the nearest practical route; provided, however, that the officer may compel the taking of his or her testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his or her deputy, or agent of the officer shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail; and the production of an appropriate return receipt issued by the United States post office shall constitute prima-facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer 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 now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his or her last known address. In neither case shall the petition be returned to the candidate. (c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the

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granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine. SECTION 15. Said chapter is further amended by striking in its entirety Code Section 21-2-183, relating to form of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-183 to read as follows: 21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. (b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth: (1) The residence address of the circulator; (2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition; (4) That their respective residences are correctly stated in the petition; and (5) That they all reside in the county named in the affidavit.

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SECTION 16. Said chapter is further amended by striking in its entirety Code Section 21-2-185, relating to filing deadline for nomination petition, and inserting in lieu thereof a new Code Section 21-2-185 to read as follows: 21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after 12:00 Noon on the second Tuesday in July. SECTION 17. Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to holding of conventions and filing notice of candidacy, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows: 21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-172 in order to qualify its candidates to be listed on the general election ballot. SECTION 18. Said chapter is further amended by striking in its entirety Code Section 21-2-191, relating to parties entitled to hold primaries, and inserting in lieu thereof 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

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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; provided, however, that such dates shall not be later than December 31 in the year preceding the year in which the presidential preference primary is to be held. SECTION 19. Said chapter is further amended by striking in its entirety Code Section 21-2-193, relating to selection of candidates to appear on ballot, and inserting in lieu thereof a new Code Section 21-2-193 to read as follows: 21-2-193. Not later than December 31 in the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January in the year in which the presidential preference primary is to be held. SECTION 20. Said chapter is further amended by striking in its entirety Code Section 21-2-194, relating to procedure for withdrawal of candidates, and inserting in lieu thereof a new Code Section 21-2-194 to read as follows: 21-2-194. Reserved. SECTION 21. Said chapter is further amended by striking in its entirety Code Section 21-2-224, relating to registration deadlines, restrictions on voting, official list of electors, and voting procedures when portion of county changes from one county to another in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-224 to read as follows: 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

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preference primary, such person shall make application as provided in this article 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 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; except that: (1) 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 the 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; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day. (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 special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county offices 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

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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 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, voter identification number, 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. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. 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. SECTION 22. Said chapter is further amended by striking in its entirety Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, notice of ineligibility, and issuance of registration cards in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-226 to read as follows: 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.

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(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 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 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 at the mailing address listed on the application. (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, polling place, or voting district or districts change, a new card shall be issued to the elector reflecting such changes. When the boundaries of a precinct are changed, all affected electors shall be sent a new card prior to the next primary or election.

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The form of such cards shall be determined by the Secretary of 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. SECTION 23. Said chapter is further amended by striking in its entirety Code Section 21-2-227, relating to duty of registrars to furnish list of electors for elections held in governmental subdivisions, and inserting in lieu thereof a new Code Section 21-2-227 to read as follows: 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 at no charge. SECTION 24. Said chapter is further amended by striking in its entirety Code Section 21-2-228, relating to duties of county board in determining eligibility and examination of electors' qualifications in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-228 to read as follows: 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

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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 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 addressed to the mailing address shown on the person's voter registration records 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. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (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. SECTION 25. Said chapter is further amended by striking in its entirety Code Section 21-2-229, relating to challenge of applicant for registration by other

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electors in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-229 to read as follows: 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 addressed to the mailing address shown on the person's voter registration records 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. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices. (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 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.

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SECTION 26. Said chapter is further amended by striking in its entirety Code Section 21-2-231, relating to lists of convicted felons, persons declared mentally incompetent, and deceased persons and removal of names from list of electors in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-231 to read as follows: 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. (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. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. (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 transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. SECTION 27. Said chapter is further amended by striking in its entirety Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new Code Section 21-2-284 to read as follows: 21-2-284. (a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be

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printed in prominent type the words `OFFICIAL PRIMARY BALLOT OF _____ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: `Place a cross (X) or check () mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check () mark. (e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require. SECTION 28. Said chapter is further amended by striking in its entirety Code Section 21-2-285, relating to form of official election ballot in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-285 to read as follows: 21-2-285. (a) At the top of each ballot for an election shall be printed in prominent type the words `OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be

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printed, insofar as the same may be appropriate for the election involved: (1) To vote for presidential electors, mark a cross (X) or check () 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 () 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. (2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. 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 names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading `Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of

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sufficient size for the convenient insertion of a cross (X) or check () mark. (d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column. (e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. (f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check () mark unless otherwise directed by the General Assembly. (g) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require. SECTION 29. Said chapter is further amended by striking in its entirety Code Section 21-2-325, relating to form of ballot labels in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-325 to read as follows: 21-2-325. (a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will fit the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of

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the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. (c) The ballot label for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels. (e) The names of all candidates nominated by a party or body shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed together with the name of such party or body. (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (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 in the nonpartisan election 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.'

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(h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonpartisan primary is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary also. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary shall appear on all machines. (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493. SECTION 30. Said chapter is further amended by striking in its entirety Code Section 21-2-355, relating to use of separate vote recorders for each party in primaries generally, and inserting in lieu thereof a new Code Section 21-2-355 to read as follows: 21-2-355. In primaries, separate vote recorders shall be used for each political party. SECTION 31. Said chapter is further amended by striking in its entirety Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee

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ballots by qualified absentee electors in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-381.1 to read as follows: 21-2-381.1 (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. (b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State. (c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot. (d) Upon receipt of said application, the registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office. SECTION 32. Said chapter is further amended by striking in its entirety Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-386 to read as follows: 21-2-386. (a)(1) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If

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the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or election, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked `Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be present before commencing. (b) After the close of the polls on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precinct containing the county courthouse. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place

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designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked `Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. (c) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write `Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars shall promptly notify the elector of such challenge. SECTION 33. Said chapter is further amended by striking in its entirety Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in election precinct during primaries and elections generally, and inserting in lieu thereof 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 or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380, 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

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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 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 34. Said chapter is further amended by striking in its entirety Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after primary or election generally, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows: 21-2-390. All official absentee ballots and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars shall transmit all canceled, spoiled, and unused absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court to be held with other election materials as provided in Code Section 21-2-500. The registrars shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars, the number issued to electors, the number spoiled, and the number unused. SECTION 35. Said chapter is further amended by striking in its entirety Code Section 21-2-408, relating to designation, authority, and removal of poll watchers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-408 to read as follows:

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21-2-408. (a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. In addition, candidates running in a nonpartisan primary shall be entitled to designate one poll watcher in each precinct. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, or by the nonpartisan candidate, if designated by the nonpartisan candidate, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve. (b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve. (c) In counties using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan primary or nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The

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poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers. (d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words `Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and the precinct or tabulating center in which the poll watcher shall serve. The poll watcher shall wear such badge at all times while serving as a poll watcher. (e) No person shall be appointed or be eligible to serve as a poll watcher in any primary or election in which such person is a candidate. SECTION 36. Said chapter is further amended by striking in its entirety Code Section 21-2-455, relating to canvass and return of votes in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-455 to read as follows: 21-2-455. (a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with a mechanism for printing paper proof sheets the poll officers shall immediately print not less than four proof sheets and as many more as may be requested by those present, to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and

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letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read consecutively along the party or body rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next. (b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he or she shall write his or her reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in subsection (e) of Code Section 21-2-452. If more than one voting machine is used in any precinct, the vote registered on each machine shall be ascertained in like manner and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate and for and against each question shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electros who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters. The number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine and the number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns and all other reports have been fully completed and checked by the poll officers. During such time, anyone who may desire to be present shall be admitted to the polling place. (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his or her counters, and the vote registered on each counter, as well as the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed in or upon

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the voting machine shall be enclosed in properly sealed packages and properly endorsed and shall be delivered by the chief manager as provided in this part. The chief manager shall promptly deliver to the superintendent or his or her representative the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls. (d) The poll officers, on the returns provided for in this Code section, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been written, deposited, or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited, or affixed. SECTION 37. Said chapter is further amended by striking in its entirety Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof a new Code Section 21-2-493 to read as follows: 21-2-493. (a) The superintendent shall, at or before 12:00 Noon on the day following the primary or election, at his or her office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue the same from day to day until completed. For this purpose the superintendent may organize his or her assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county in the manner provided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce, and attest the same, as required by this Code section. (b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him or her from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any

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question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall be investigated by the superintendent; and no votes shall be recorded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever, relating to such precinct, in the presence of representatives of each party, body, and interested candidate. Such examination may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted. (c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct, or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all officers, candidates, questions, or parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists. (d) In precincts in which voting machines have been used, the superintendent may require a recanvass of the votes recorded on the machines used in the precinct, as provided in Code Section 21-2-495. (e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. (f) In precincts in which voting machines have been used, there shall be read from the general return the identifying number or other designation

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of each voting machine used and the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after the close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place shall publicly announce the numbers so registered; and, unless it appears that such records and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent. (g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. But in every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession. (h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with a mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his or her possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identified, shall be mutually consistent and if the general and duplicate returns, or either of them, from such precinct shall not correspond with such proof sheets,

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they shall be corrected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent. (i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action. (j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot. (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent, in the manner required by this chapter. (l) In case the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent, making such corrections as the court orders. SECTION 38. Said chapter is further amended by striking in its entirety Code Section 21-2-500, relating to delivery of election materials to clerk of superior court, presentation to grand jury, and preservation and destruction, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows: 21-2-500. (a) Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. 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

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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. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may be thereafter be destroyed. SECTION 39. Said chapter is further amended by striking in its entirety Code Section 21-2-501, relating to vote required for nomination or election, and inserting in lieu thereof a new Code Section 21-2-501 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 sought 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 runoff shall be a continuation of the primary or special

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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 21-2-224. (b) Except for presidential electors, 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. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast. (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 a run-off primary or special election runoff shall be a continuation 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

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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 40. Said chapter is further amended by striking in its entirety Code Section 21-2-527, relating to pronouncement of judgment and effect of finding of misconduct by poll officers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-527 to read as follows: 21-2-527. (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk shall certify such determination to the defendant. (b) When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election. (c) If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result. (d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff. SECTION 41. Said chapter is further amended by striking in its entirety Code Section 21-2-528, relating to appeals from court's determination on contest petition

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in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-528 to read as follows: 21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases. SECTION 42. Said chapter is further amended by striking in its entirety Code Section 21-2-540, relating to conduct of special elections generally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows: 21-2-540. (a) Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. (b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. (c)(1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years any such special election shall only be held on:

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(i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; (B) Special primaries or special elections to fill vacancies in federal or state public offices. (d) Except as otherwise provided by this chapter, the superintendent of each county shall publish the call of the special election. (e) Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his or her name placed in a column under the name of his or her party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. SECTION 43. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 44. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. ELECTIONS POLL OFFICERS AGE 16 AND OLDER; INACTIVE ELECTORS; ABSENTEE BALLOTS FOR ELDERLY OR DISABLED ELECTORS; ABSENTEE VOTING FRAUD; RULES AND REGULATIONS. Code Title 21 Amended. No. 257 (House Bill No. 889). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for persons 16 years of age and older to be appointed as poll officers in all elections; to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors; to provide for procedures and limitations; to provide that absentee ballots and their return envelopes shall bear certain warnings regarding election fraud; to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper application by any of certain eligible absentee electors who are elderly or disabled; to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper application by certain eligible absentee electors who are elderly or disabled; to authorize the promulgation of rules and regulations by the Secretary of State governing the foregoing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-92, relating to qualifications of poll officers in elections and primaries generally, and inserting in lieu thereof 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 citizens of the United States, residents of the county in which they are appointed, 16 years of age or over, 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. 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 Code Section 21-2-234, relating to inactive electors and procedures related thereto, and inserting in lieu thereof a new Code section to read as follows: 21-2-234. (a)(1) As used in this Code section and Code Section 21-2-235, the term `no contact' shall mean that the elector has not filed an updated

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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, has not signed a voter's certificate, and has not confirmed the elector's continuation at the same address during the preceding three calendar years. (2) In the first six months 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 confirmation notice described in this Code section shall be sent to each such elector during 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, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the confirmation notice described in this Code section shall 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, within 30 days after the date of the notice; and (2) If the card is not returned within 30 days after the date of the notice, the elector's name shall be transferred to the inactive list of electors provided for in Code Section 21-2-235. (d) If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county in which the elector is currently registered, the elector's name shall be removed from the list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote. (e) 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 21-2-226. (f) 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.

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(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. (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. SECTION 3. Said title is further amended by striking Code Section 21-2-235, relating to an inactive list of electors, and inserting in lieu thereof a new Code section to read as follows: 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 general election held after the elector is placed on the inactive list of electors. If the elector makes no contact, as defined in Code Section 21-2-234, 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; (2) If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such

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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 an 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. SECTION 4. Said title is further amended by striking in its entirety Code Section 21-2-381, relating to application for absentee ballots, eligibility determination, furnishing applications to colleges and universities, and persons entitled to apply, and inserting in lieu thereof a new Code section to read as follows: 21-2-381. (a)(1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, 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 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

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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: (A) 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; or (B) any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State 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. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's office or deliver the ballot in person to the elector if 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

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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. (c) In those counties in which the board of registrars provides application forms for absentee ballots, the board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of such college or university. (d)(1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress: (A) If such citizen was last domiciled in Georgia immediately before his departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individual's intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of

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identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates. SECTION 5. Said title is further amended by striking in its entirety Code Section 21-2-383, relating to preparation and delivery of absentee ballots and form of ballots, and inserting in lieu thereof a new Code Section 21-2-383 to read as follows: 21-2-383. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: `I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State. SECTION 6. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-384, relating to the preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, and challenges in elections and primaries generally, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am

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entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. Elector's Residence Address Elector's Place of Birth Month and Day of Elector's Birth Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possess the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the __________ day of __________, 19___. Signature of Person Assisting Elector Relationship Reason for assistance (Check appropriate square): () Elector is unable to read the English language. () Elector has following physical disability __________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.

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Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. SECTION 7. Said title is further amended by striking in its entirety Code Section 21-3-34, relating to qualifications of poll officers in municipal elections, and inserting in lieu thereof a new Code Section 21-3-34 to read as follows: 21-3-34. (a) Poll officers shall be citizens of the United States, residents of the municipality in which they are appointed or the county in which the municipality is located, 16 years of age or older, 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 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, daughter-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. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality. SECTION 8. Said title is further amended by striking in its entirety Code Section 21-3-283, relating to application for an absentee ballot, eligibility determination, delivery of ballots to eligible applicants, and notice to rejected applicants, and inserting in lieu thereof a new Code section to read as follows: 21-3-283. (a) Any absentee elector may make an application either by mail, by facsimile 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

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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. (b) One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (1) 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 (2) any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct application for an absentee ballot shall be required for any special election or special primary. (c) Upon receipt of a timely application, the absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall certify by signing in the proper place on the application and either mail the ballot, as provided in Code Section 21-3-284, issue the ballot to the elector to be voted within the confines of the absentee ballot clerk's office, or deliver the ballot in person to the elector if he or she is confined to a hospital. If found ineligible, the clerk shall deny the application by writing the reason for the rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his or her ineligibility, a copy of which should be retained on file in the office of the absentee ballot clerk. If the

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absentee ballot clerk is unable to determine the identity of the elector from information given on the application, the clerk should promptly write to request additional information. (d) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of subsection (b) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates. SECTION 9. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 21-3-284, relating to the form of absentee ballots, preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, and list of ballots sent in municipal elections, and inserting in lieu thereof new subsections (a) and (d) to read as follows: (a) The ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in municipalities using voting machines or vote recorders the ballots may be in substantially the form for ballot labels required by Article 9 of this chapter or in such form as will allow the ballots to be machine tabulated. Every such ballot shall have printed on the face thereof the following: `I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for absentee ballots shall be determined and prescribed by the superintendent, except that the Secretary of State shall determine and prescribe the form for ballots not following the paper ballot format. (d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _____ City, _____ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot. I understand that the offer

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or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. Elector's Residence Address Month and Day of Elector's Birth Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the abovenamed elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently possesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3-318. This, the __________ day of __________, 19__. Signature of Person Assisting Elector Relationship Reason for assistance (check appropriate square): () Elector is unable to read the English language. () Elector has the following physical disability __________. The forms upon which such oaths are printed shall contain the following language: Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318.) Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor. SECTION 10. This Act shall become effective on January 1, 1998. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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ELECTIONS ELECTORS; IDENTIFICATION REQUIRED. Code Title 21 Amended. No. 258 (Senate Bill No. 273). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification; to provide for signatures or marks on absentee ballot applications; to provide for the verification of the signature or mark on the oath of absentee elector with said application; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making application for absentee ballot in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: (a)(1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, 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 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; 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

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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. SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: (a)(1) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her [Illegible Text]. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required

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information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. SECTION 3. Said title is further amended by adding at the end of Part 1 of Article 11 of Chapter 2, relating to general provisions relating to preparation for and conduct of primaries and elections, a new Code Section 21-2-417 to read as follows: 21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following: (1) A valid Georgia driver's license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;

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(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia hunting or fishing license; (8) A valid Georgia license to carry a pistol or revolver; (9) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (10) A valid United States military identification card; (11) A certified copy of the elector's birth certificate; (12) A valid social security card; (13) Certified naturalization documentation; or (14) A certified copy of court records showing adoption, name, or sex change. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Such person shall be allowed to vote without undue delay. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to making application for absentee ballot in municipal primaries and elections, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any absentee elector may make an application either by mail, by facsimile 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,

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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; the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of 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 5. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-3-286, relating to safekeeping and certification of absentee ballots received from electors in municipal primaries and elections, and inserting in lieu thereof a new paragraph (1) to read as follows: (a)(1) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if his or her signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope `Rejected,' giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving the name of the

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elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. SECTION 6. Said title is further amended by adding at the end of Part 1 of Article 11 of Chapter 3, relating to general provisions relating to preparation for and conduct of municipal primaries and elections, a new Code Section 21-3-328 to read as follows: 21-3-328. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following: (1) A valid Georgia driver's license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia hunting or fishing license;

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(8) A valid Georgia license to carry a pistol or revolver; (9) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (10) A valid United States military identification card; (11) A certified copy of the elector's birth certificate; (12) A valid social security card; (13) Certified naturalization documentation; or (14) A certified copy of court records showing adoption, name, or sex change. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Such person shall be allowed to vote without undue delay. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. SECTION 7. This Act shall become effective on the first day of January following the date on which this Act is approved by the Governor or becomes law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. INSURANCE REIMBURSEMENT OF BENEFIT PROVIDERS IN PERSONAL INJURY CASES; SUBROGATION; SETOFFS. Code Section 33-24-56.1 Enacted. No. 259 (Senate Bill No. 280). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide for definitions; to provide for reimbursement of medical benefits paid to benefit providers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits; to provide allocations in a settlement or judgment among categories of damages; to provide for reimbursement claims to be paid net of a prorated share of attorney's fees and expenses of litigation; to restrict setoffs for medical reimbursement in payment of other benefits; to provide notice requirements; to provide that a reimbursement claim may not be enforced against an insured without actual notice of the claim; to provide definitions; to provide for exceptions; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by adding, following Code Section 33-24-56, a new Code Section 33-24-56.1 to read as follows: 33-24-56.1 (a) As used in this Code section, the term: (1) `Benefit provider' means any insurer, health maintenance organization, health benefit plan, preferred provider organization, employee benefit plan, or other entity which provides for payment or reimbursement of health care expenses, health care services, disability payments, lost wage payments, or any other benefits under a policy of insurance or contract with an individual or group. (2) `Injured party' means a person who alleges that he or she has been injured by the acts or omissions of a third party and who has received benefits from a benefit provider. This term also includes the personal representative of the estate of such person. (b) In the event of recovery for personal injury from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the benefit provider for the person injured may require reimbursement from the injured party of benefits it has paid on account of the injury, up to the amount allocated to those categories of damages in the settlement documents or judgment, if: (1) The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and (2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney's fees and expenses of litigation incurred by the injured party in bringing the claim.

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(c) In the settlement of any claim for personal injury, under circumstances where it is claimed that the amount of the recovery does not exceed the sum of all economic and noneconomic losses incurred as a result of the injury, a benefit provider which has paid benefits to or on behalf of the injured person may seek a declaratory judgment pursuant to Code Section 9-4-2 as to what extent it may equitably share in said settlement. If the court determines said settlement does not fully and completely compensate the injured party, the benefit provider has no right of reimbursement. (d) In the trial of any case for personal injury submitted to a court or jury, the trier of fact may allocate the amounts paid among the categories of damages actually sought by the plaintiff at trial, and it shall be conclusively presumed that such allocation by the trier of fact is reasonable. (e) Subrogation for medical expenses and disability payments by a benefit provider against a person at fault for injury is prohibited and no defendant or liability insurance carrier shall include any insurer seeking reimbursement under subsection (b) of this Code section as a copayee on any check or draft in payment of a settlement or judgment. (f) No benefit provider shall be entitled to reduce the amount for which it is liable under an insured party's coverage for liability, uninsured motorist, disability, medical payments, or other benefits as a setoff against any claim for reimbursement under subsection (b) of this Code section, nor shall any benefit provider be entitled to withhold or set off insurance benefits as a means of enforcing a claim for reimbursement. Nothing in this subsection shall be deemed to prohibit the coordination of benefits between or among benefit providers. (g) When a recovery for personal injury is sought from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the person asserting the claim for recovery against the third party shall provide notice of the existence of the claim, by certified mail unless some other form of notice is agreed to by the designated recipient of the notice, to any benefit provider which the person asserting the claim has reason to believe has paid benefits relating to the injury for which the injured party seeks a recovery. This notice shall be provided no later than ten days prior to the consumation of any settlement or commencement of any trial unless a shorter notice period is agreed to by the designated recipient of the notice and shall include a request for information regarding the existence of any claim by a benefit provider and an itemization of payments for which the benefit provider seeks reimbursement including the names of payees, the dates of service or payment or both, and the amounts thereof. (h) If the notice required in subsection (g) of this Code section is provided, a claim for reimbursement under subsection (b) of this Code

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section is enforceable against an injured party only to the extent that such person has actual notice prior to the consumation of a settlement or commencement of trial, by certified mail or other form of notice if agreed to by the designated recipient of the notice, of the claim of the benefit provider for reimbursement including a specific itemization of payments for which the benefit provider seeks reimbursement, including the names of payees, the dates of service or payment or both, and the amounts thereof. Nothing contained in this subsection shall prohibit the supplementation of a claim prior to the consummation of a settlement or judgment, except that any supplemental claims shall be subject to the notice requirements contained in this subsection. (i) If the notice required in subsection (g) of this Code section is not provided, then subsection (h) of this Code section shall not apply, and a claim for reimbursement under subsection (b) of this Code section is enforceable subject to the other provisions of this Code section. (j) No benefit provider contracts or policies containing or incorporating provisions in conflict with this Code section may be issued in this state, and no policy or contract provisions for subrogation or reimbursement in conflict with this Code section may be enforced by a benefit provider with regard to claims or injuries. (k) Any settlement which is subject to this Code section that contains a confidentiality provision as to any terms of the settlement which are necessary to a proceeding under this Code section shall be unenforceable as to the disclosure of such required information. (l) This Code section shall not apply to the rights of the Department of Medical Assistance to recover under Article 7 of Chapter 4 of Title 49, nor shall it affect the subrogation rights and obligations provided in Code Section 34-9-11.1. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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CRIMES AND OFFENSES RACKETTER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO); LEGISLATIVE INTENT REGARDING APPLICABILITY OF GEORGIA RICO ACT. Code Section 16-14-2 Amended. No. 260 (Senate Bill No. 282). AN ACT To amend Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, so as to clarify the findings and intent of the General Assembly that the provisions of said Act apply to interrelated patterns of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury to others; to provide for related matters; to provide for an effective date and for retroactivity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-14-2 of the Official Code of Georgia Annotated, relating to the findings and intent of the General Assembly regarding the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 16-14-2 to read as follows: 16-14-2. (a) The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements. (b) The General Assembly declares that the intent of this chapter is to impose sanctions against those who violate this chapter and to provide compensation to persons injured or aggrieved by such violations. It is not the intent of the General Assembly that isolated incidents of misdemeanor conduct or acts of civil disobedience be prosecuted under this chapter. It is the intent of the General Assembly, however, that this chapter apply to an interrelated pattern of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury. This chapter shall be liberally construed to effectuate the remedial purposes embodied in its operative provisions. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall have retroactive application

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to the fullest extent permitted by the Constitutions of Georgia and United States. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PUBLIC OFFICERS AND EMPLOYEES NOTARIES PUBLIC; TRANSFER OF RELATED FUNCTIONS AND FEES FROM SECRETARY OF STATE TO GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY. Code Title 45, Chapter 17, Article 1 Amended. No. 261 (Senate Bill No. 284). AN ACT To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to transfer certain centralized record-keeping and certification functions relating to notaries public from the Secretary of State to the Georgia Superior Court Clerks' Cooperative Authority; to provide for the transfer of certain fees to the Georgia Superior Court Clerks' Cooperative Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by striking in its entirety Code Section 45-17-4, relating to payment of fees and record keeping, and inserting in lieu thereof the following: 45-17-4. Before a certificate shall be issued to a notary public, he or she shall pay to the clerk of the superior court the sum prescribed by Code Section 15-6-77, relating to fees of clerks of the superior courts, from which amount the clerk shall be entitled to cover his or her services in issuing the certificate of appointment as notary public, administering the oath, and recording the same. The amount by which the sum prescribed by Code Section 15-6-77 exceeds the amount which the clerk is required by this Code section to forward to the Georgia Superior Court Clerks' Cooperative Authority is what the clerk shall use to cover his or her services. The clerk shall immediately send a copy of the certificate of

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appointment, under his or her seal of office, and $2.00 to the Georgia Superior Court Clerks' Cooperative Authority which shall keep a record showing the names of the notaries public appointed with their addresses, signatures, ages, sex, and the terms for which their commissions run; and such amount shall cover the cost of the Georgia Superior Court Clerks' Cooperative Authority in keeping such records. On reappointment as notaries public, the sum prescribed by Code Section 15-6-77 shall be paid to the clerk of the superior court and disbursed in the same manner as the fee for the original appointment is disbursed under this Code section. SECTION 2. Said article is further amended by striking in its entirety Code Section 45-17-19, relating to the authenticity of the official signature and term of office of a notary public, and inserting in lieu thereof the following: 45-17-19. (a) The authenticity of the official signature and term of office of a notary public may be evidenced by: (1) A certificate of authority from the appointing clerk of superior court or the Georgia Superior Court Clerks' Cooperative Authority; or (2) An apostille in the exact form prescribed by the Hague Convention from the Secretary of State, provided that an apostille shall be obtained only from the Georgia Superior Court Clerks' Cooperative Authority on or after the thirtieth day following the designation, by the United States Department of State, of the Georgia Superior Court Clerks' Cooperative Authority as an authority in the United States competent to issue an apostille. (b) The fee for a certificate of authority shall be $2.00. The fee for an apostille shall be $3.00. (c) An apostille as specified by the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents shall be attached to any document requiring authentication that is bound for a nation that has signed and ratified the Hague Convention. SECTION 3. The following Code sections of Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated are amended by striking the term Secretary of State wherever it occurs and inserting in its place the term Georgia Superior Court Clerks' Cooperative Authority: (1) Code Section 45-17-11, relating to fees of notaries public and the issuance of certain certificates; (2) Code Section 45-17-13, relating to notice of a change of address or name of a notary public;

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(3) Code Section 45-17-14, relating to notice of the loss or theft of a notarial seal; (4) Code Section 45-17-15, relating to revocation of the commission of a notary public; and (5) Code Section 45-17-17, relating to resignation of a notarial commission. SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES COSMETOLOGISTS; APPRENTICESHIP UNDER EXPERIENCED COSMETOLOGIST; HAIR WASHERS NOT REQUIRED TO REGISTER. Code Sections 43-10-14 and 43-10-17 Amended. No. 262 (Senate Bill No. 287). AN ACT To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change the provisions relating to the registering of students by certain schools; to change the experience requirements for persons under whom apprentices may work and learn; to change the provisions relating to the employment of persons to wash and shampoo hair; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking Code Section 43-10-14, relating to learning the occupation of cosmetology, and inserting in its place the following: 43-10-14. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months'

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experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a manicurist certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the joint-secretary. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the joint-secretary a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the joint-secretary and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. SECTION 2. Said chapter is further amended by striking Code Section 43-10-17, relating to persons employed to wash hair, and inserting in its place the following:

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43-10-17. Notwithstanding any other provision of this chapter, a beauty shop or salon shall be authorized to employ persons to wash and shampoo hair, and such persons shall not be required to be registered by the board. SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES COLLECTION FEES RECEIVED, RETAINED, AND USED BY JOINT-SECRETARY OF STATE EXAMINING BOARDS; FEES FOR LEGAL COSTS OF INVESTIGATIONS OR DISCIPLINARY ACTIONS; DISCLOSURE OF INFORMATION REGARDING INVESTIGATION FOR UNLICENSED PRACTICE. Code Section 43-1-3, 43-1-19, and 43-1-21 Amended. No. 263 (Senate Bill No. 303). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain funds received as collection fees for use in defraying the cost of collection of fees as required by law; to permit a state examining board to impose on a licensee or an applicant for a license a fee or charge sufficient to cover the legal costs incurred by the board in conducting an investigative or disciplinary proceeding; to permit the joint-secretary to disclose certain investigative information; 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 in Code Section 43-1-3, relating to the duties of the joint-secretary of the state examining boards, by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions and

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to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the joint-secretary is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the joint-secretary to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the joint-secretary 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 funds. SECTION 2. Said title is further amended in Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) When a state examining board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (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 upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; (7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or (8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse an examining board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.

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SECTION 3. Said title is further amended by striking in its entirety Code Section 43-1-21, relating to the release of information regarding investigations, and inserting in lieu thereof a new Code Section 43-1-21 to read as follows: 43-1-21. The joint-secretary of the state examining boards is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of the joint-secretary to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a state examining board. SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. SOCIAL SERVICES MEDICAL ASSISTANCE; ABUSE BY PROVIDER; FRAUD; ADMINISTRATIVE HEARINGS AND APPEALS. Code Sections 49-4-146.1 and 49-4-153 Amended. No. 264 (Senate Bill No. 304). AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, so as to change the provisions regarding unlawful acts and penalties; to change the provisions relating to administrative hearings and appeals; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, is amended by

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striking subsections (c), (f), and (g) of Code Section 49-4-146.1, relating to unlawful acts and penalties, and inserting in lieu thereof the following: (c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. (c.1)(1) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in paragraphs (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection. (2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assisance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program. (f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, suspend or withhold those payments arising from fraud or willful misrepresentation under the Medicaid program, or terminate the participation of any provider if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been: (1) Convicted of violating paragraph (1) or (2) of subsection (b) of this Code section; (2) Convicted of committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended; or (3) Excluded or suspended from participation in the medicare program for fraud or abuse. In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and severity of the crime or violation and the extent to which it adversely affected medical assistance recipients and the program. (g) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) of

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this Code section if the conviction upon which the termination was based is reversed or vacated or if the decision of the administrative law judge is reversed in accordance with the department's rules and regulations. SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 49-4-153, relating to administrative hearings and appeals, and inserting in their place the following: (b)(1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of Medical Assistance as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his or her request for such in writing and in accordance with the applicable rules and regulations of the department and the Office of State Administrative Hearings. As a result of the written request for hearing, a written recommendation shall be rendered in writing by the administrative law judge assigned to hear the matter. Should a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request in writing to the commissioner or the commissioner's designated representative within 30 days of his or her receipt of the hearing decision. The commissioner, or the commissioner's designated representative, has ten days from the receipt of the request for appeal to affirm, modify, or reverse the decision appealed from. A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection except those expressly made confidential or privileged by statute. If the commissioner fails to issue a decision, the initial recommended decision shall become the final administrative decision of the commissioner. (2) A provider of medical assistance shall be entitled to a hearing in accordance with Code Sections 50-13-13 and 50-13-15. A decision shall be rendered in writing by an administrative law judge assigned to hear the matter. The administrative law judge shall be appointed by the Office of State Administrative Hearings. Should such a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner

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within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Medical Assistance shall be entitled to a hearing; provided, however, no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Medical Assistance, which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Medical Assistance. In cases where an entitlement to a hearing before the Department of Medical Assistance, pursuant to this paragraph, lies, the Department of Medical Assistance shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Medical Assistance for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Medical Assistance, he or she must give written notice of his or her appeal to the commissioner of medical assistance within ten days after the date on which the notice of denial or notice of termination was transmitted to him or her. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his or her designee or designees shall render a final administrative decision as soon as practicable thereafter. (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 by filing a petition within 30 days after the service of the final decision of the commissioner or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state. Copies of the petition shall be served upon the commissioner and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and any grounds upon which the petitioner contends that the decision should be reversed or modified. Judicial review of the commissioner's decision may be

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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 50-13-13 and 50-13-15. 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. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. INSURANCE SURPLUS LINE INSURANCE NOT SUBJECT TO CERTAIN PROVISIONS; PRIORITY OF DISTRIBUTION OF CLAIMS FROM INSOLVENT INSURER'S ESTATE; LIFE INSURANCE EXCEEDING SURRENDERED INSURANCE; MEDICAL PAYMENTS COVERAGE FOR AUTOMOBILE INSURANCE. Code Title 33 Amended. No. 265 (Senate Bill No. 356). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the inapplicability of certain provisions of law to surplus line insurance; to provide for editorial revision; to change the priority of distribution of claims from an insurer's estate; to provide for a definition; to provide for medical payments coverage for private passenger automobile insurance coverage written in this state; to provide for related matters; to provide for certain circumstances under which new life insurance may exceed insurance being surrendered; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-5-22, relating to licensing of surplus line brokers generally, and inserting in lieu thereof the following: 33-5-21.1. Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9. 33-5-22. Any person, while licensed as a resident agent or broker as to property, casualty, and surety insurances, and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus line broker as follows: (1) Application to the Commissioner for the license shall be on forms furnished by the Commissioner; (2) The license fee shall be in an amount as provided in Code Section 33-8-1; (3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section; (4) Prior to the issuance of the license or any renewal of such license the applicant shall file with the Commissioner a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following: (A) Place insurance only in compliance with Code Section 33-5-25; (B) Remit promptly the taxes provided in Code Section 33-5-31; (C) Account to any person requesting him to obtain insurance for funds or premiums collected in connection with such insurance; and (D) Otherwise conduct business in accordance with this title. The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and

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(5) Each applicant for a license to act as a surplus line broker shall submit to a personal written examination to determine his or her competence. SECTION 2. Said title is further amended by striking Code Section 33-37-41, relating to priority of distribution of claims from an insurer's estate, and inserting in lieu thereof a new Code section to read as follows: 33-37-41. For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies, the priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) CLASS 1. The costs and expenses of administration during rehabilitation and liquidation, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) CLASS 2. All claims under policies, including third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his or her employee shall be treated as a gratuity; (3) CLASS 3. Claims of the federal government except those under Class 2;

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(4) CLASS 4. Reasonable compensation to employees for services performed to the extent that such compensation does not exceed two months of monetary compensation and represents payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (5) CLASS 5. Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as such; (6) CLASS 6. Claims of any state or local government except those under Class 2. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (8) of this Code section; (7) CLASS 7. Claims filed late or any other claims other than claims under paragraphs (8) and (9) of this Code section; (8) CLASS 8. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and (9) CLASS 9. The claims of shareholders or other owners in their capacity as shareholders. SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-24-6.1 to read as follows: 33-24-6.1. Notwithstanding the provisions of subsection (c) of Code Section 33-24-3, subsection (d) of Code Section 33-24-6, or paragraph (11) of Code Section 33-27-3 which relate to the replacement of existing life insurance, any new life insurance may exceed the insurance being surrendered: (1) When an entity has a proper interest pursuant to subsection (c) or (c.1) of Code Section 33-24-3 and the authority to effectuate life

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insurance pursuant to the provisions of paragraph (4), (5), or (6) of subsection (a) of Code Section 33-24-6; and (2) (A) To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance to qualify as life insurance or to be not treated as a modified endowment contract for federal income tax purposes; (B) To otherwise comply with applicable federal law; or (C) When, upon cessation of premium payments, a former employee or trustee elects under the policy to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such restructuring may result in an increase in the amount of the insurance. SECTION 4. Said title is further amended by striking Code Section 33-34-2, relating to definitions, and inserting in lieu thereof the following: 33-34-2. As used in this chapter, the term: (1) `Medical payments coverage' includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a motor vehicle accident, without regard to the insured's liability for the accident. Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle. Expenses must be incurred for services rendered within three years from the date of the accident; provided, however, that nothing shall prevent an insurer from allowing a longer period of time. Any rule or regulation promulgated which expands or conflicts with this definition shall be null and void. (2) `Motor vehicle' means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle. (3) `Owner' means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the

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motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee. (4) `Self-insurer' means any owner who has on file with the Commissioner of Insurance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter. SECTION 5. Said title is further amended by adding immediately following Code Section 33-34-3 a new Code Section 33-34-3.1 to read as follows: 33-34-3.1. (a) All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher limits. (b) Insurers may offer other optional coverage including combinations of sublimits and interests restricted to named insureds and resident relatives. Insurers may make collision, comprehensive, and loss of use coverages available as separate individual coverages and subject to differing levels of deductibles at the request of the policyholder. (c) Any rule or regulation promulgated which expands or conflicts with this Code section shall be null and void. SECTION 6. Section 2 of this Act shall apply to all claims filed in any proceeding to liquidate an insurer, which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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CIVIL PRACTICE FRIVOLOUS ACTIONS AND DEFENSES; ATTORNEY'S FEES AND EXPENSES OF LITIGATION. Code Section 9-15-14 Amended. No. 269 (Senate Bill No. 1). AN ACT To amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to provide for the assessment and award of attorney's fees and expenses of litigation incurred in obtaining an order of court for the payment of attorney's fees and expenses of litigation; 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 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, is amended by striking subsection (d) of said Code section and inserting in its place the following: (d) Attorney's fees and expenses of litigation awarded under this Code section shall not exceed amounts which are reasonable and necessary for defending or asserting the rights of a party. Attorney's fees and expenses of litigation incurred in obtaining an order of court pursuant to this Code section may also be assessed by the court and included in its order. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. CRIMES AND OFFENSES GAMBLING; GAMING EQUIPMENT AND DEVICES; CERTAIN PROVISIONS NOT APPLICABLE. Code Section 16-12-35 Amended. No. 270 (Senate Bill No. 14). AN ACT To amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to authorize manufacturing, processing, selling, processing, and transporting gaming equipment, devices, and other materials for use in jurisdictions where those equipment and devices are legal; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, is amended by striking in its entirety subsection (a) of Code Section 16-12-35, relating to applicability of that part, and inserting in its place the following: (a) Any other laws to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery nor shall it be applicable to the manufacturing, processing, selling, possessing, or transporting of any gaming equipment, devices, or other materials used or designated for use only in jurisdictions in which the use of such items is legal. This part shall in no way prohibit communications between persons in this state and persons involved with such legal lotteries or gaming devices relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. EDUCATION STATE SCHOOL SUPERINTENDENT; QUALIFICATIONS. Code Section 20-2-31 Amended. No. 271 (Senate Bill No. 25). AN ACT To amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, so as to change certain provisions relating to the qualifications of the state school superintendent; 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 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, is amended by striking in its entirety Code Section 20-2-31, relating to qualifications of the state school superintendent, and inserting in lieu thereof the following: 20-2-31. To render a person eligible to hold the office of State School Superintendent, he or she shall hold a four-year degree from an accredited college or university. No person who has been convicted of any crime involving moral turpitude shall be eligible to hold the office of State School Superintendent. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. STATE GOVERNMENT PRIVATIZATION OF STATE INSTITUTIONS OR PROGRAMS; NOTICE REQUIRED. Code Section 50-4-5 Enacted. No. 272 (Senate Bill No. 57). AN ACT To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, is amended by adding at its end a new Code Section 50-4-5 to read as follows: 50-4-5. (a) As used in this Code section, the term:

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(1) `Institution' means any physical facility operated by the executive branch of state government which is used in the delivery of any governmental services and which has an annual operating budget in excess of $1 million. (2) `Program' means any program operated by the executive branch of state government at a cost in excess of $5 million per year. (b) Before any department, agency, authority, or other unit of the executive branch enters into any contract to privatize the operation of any institution or program, the department, agency, authority, or other unit shall give written notice of the proposed privatization to the President of the Senate, the Speaker of the House, and the appropriate legislative overview committee, if any. Such notice shall be given at least 60 days prior to entering into the contract to privatize the operation of the institution or program. (c) This Code section shall not apply with respect to any privatization effort begun prior to the effective date of this Code section or to the renewal of any contract or agreement for the privatization of an institution or program. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PENAL INSTITUTIONS PROBATION SERVICES; COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL; REPORTS BY PROBATION SERVICES PROVIDERS; RECORDS AVAILABILITY; REGISTRATION OF PROBATION SERVICES PROVIDERS. Code Title 42, Chapter 8, Article 6 Amended. No. 273 (Senate Bill No. 69). AN ACT To amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to change the provisions relating to the membership of the County and Municipal Probation Advisory Council; to change the provisions relating to quarterly reports to judges and the County and Municipal Probation Advisory Council by private corporations, enterprises, or agencies contracting to provide probation services; to provide for inspection of records by the council; to change the provisions relating to confidentiality of records; to change the provisions relating to registration with the council and the information provided with registration; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by striking subsection (a) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in its place the following: (a) There is created the County and Municipal Probation Advisory Council, to be composed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magistrate designated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by virtue of his or her training or employment appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services and the conduct of business by private entities providing probation services as authorized by this article. SECTION 2. Said article is further amended by striking Code Section 42-8-103, relating to quarterly reports to judges and the County and Municipal Probation Advisory Council by private corporations, enterprises, or agencies contracting to provide probation services, and inserting in its place the following: 42-8-103. (a) Any private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article shall provide

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to the judge with whom the contract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination, in such detail as the council may require. (b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council. SECTION 3. Said article is further amended by striking subsection (a) of Code Section 42-8-106, relating to confidentiality of records, and inserting in lieu thereof the following: (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provisions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particular case, the Department of Audits and Accounts, or the County and Municipal Probation Advisory Council. SECTION 4. Said article is further amended by striking subsection (a) of Code Section 42-8-107, relating to registration with the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following: (a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council before entering into any contract to provide services. The information included in such registration shall include the name of the corporation, enterprise, or agency, its principal business address and telephone number, the name of its agent for communication, and other information in such detail as the council may require. No registration fee shall be required. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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STATE GOVERNMENT ADMINISTRATIVE PROCEDURE; EXEMPTION FOR DEPARTMENT OF TECHNICAL AND ADULT EDUCATION. Code Section 50-13-2 Amended. No. 274 (Senate Bill No. 87). AN ACT To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to administrative procedure, so as to include the Department of Technical and Adult Education among the agencies exempted from the Georgia Administrative Procedure 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. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to administrative procedure, is amended by striking in its entirety paragraph (1) of Code Section 50-13-2, relating to definitions, and inserting in lieu thereof the following: (1) `Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term `agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and

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(B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. LOCAL GOVERNMENT JOBS PROGRAMS FUNDED BY STATE AND FEDERAL GOVERNMENTS; AUTHORITY OF COUNTIES AND MUNICIPALITIES TO PARTICIPATE. Code Section 36-87-2 Amended. No. 275 (Senate Bill No. 101). AN ACT To amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to provide that counties and municipal corporations shall be authorized to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs and to accept and to expend grant funds subject to such terms as may be required by the grantor; to authorize counties and municipal corporations to contract with certain public agencies and nonprofit entities; to authorize counties and municipal corporations to ratify any contracts, programs, projects, or expenditures of public funds authorized by this Act which were entered into, carried out, undertaken, or made prior to the effective date of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to:

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(1) Participate in federal and state programs which provide funds for job training, job research assistance, and workforce development programs; (2) Accept and expend grant funds subject to such terms as may be required by the grantor, including the duty to reimburse the grantor for any funds not expended in accordance with such terms; (3) Contract with public agencies and nonprofit entities described in paragraph (2) of subsection (a) of this Code section for the purpose of carrying out such programs; and (4) Ratify 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. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES PHYSICIANS OUT OF STATE; CONSULTATION IN STATE. Code Section 43-34-31.1 Enacted. No. 276 (Senate Bill No. 107). AN ACT To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to physicians of other states and foreign countries entering this state for consultation; to provide for licensure of such physicians; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Code Section 43-34-31.1, immediately following Code Section 43-34-31, to read as follows: 43-34-31.1. (a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic,

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radiographic, or other means of telecommunication, through which medical information or data is transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state. (b) This Code section shall not apply to: (1) The acts of a doctor of medicine or doctor of osteopathy located in another state or foreign country who: (A) Provides consultation services at the request of a physician licensed in this state; and (B) Provides such services on an occasional rather than on a regular or routine basis; (2) The acts of a physician or osteopath licensed in another state or foreign country who: (A) Provides consultation services in the case of an emergency; (B) Provides consultation services without compensation, remuneration, or other expectation thereof; or (C) Provides consultation services to a medical school which is located within this state and approved by the board; or (3) The acts of a physician or osteopath located in another state or foreign country when invited as a guest of any medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath is licensed to practice medicine or osteopathy in the state or foreign country in which he or she is located. (c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such physician or

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health care provider may be located and regardless of where or how the records of any patient located in this state are maintained. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. HIGHWAYS, BRIDGES, AND FERRIES DEPARTMENT OF TRANSPORTATION; NEGOTIATED CONTRACTS; LIMITED AMOUNT. Code Section 32-2-61 Amended. No. 277 (Senate Bill No. 120). AN ACT To amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to contract, is amended by striking paragraph (1) of subsection (d) of said Code section and inserting in its place the following: (1) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract: (A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making of the contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to the construction

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or improvement of a public road. However, nothing contained in this subsection shall be construed as requiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest requires that the work be done without the delay of advertising for public bids; or (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. HANDICAPPED PERSONS DISABLED ADULTS AND ELDER PERSONS PROTECTION. Code Section 17-4-20 Amended. Code Title 30, Chapter 5 Amended. No. 278 (Senate Bill No. 127). AN ACT To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to provide for warrantless arrests in cases involving abuse of a vulnerable adult; to define the term vulnerable adult; to provide for education of officers about elder abuse and abuse of vulnerable adults; to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to include protections for elder persons as well as disabled adults; to define the term elder person; to add the term elder person in every place the term disabled adult is used; to change which persons must make certain reports; to change provisions relating to immunity; to provide for construction of the Disabled Adults and Elder Persons Protection Act, relative to employment of a disabled adult or elder person; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, is amended by striking Code Section 17-4-20, relating to arrests with and without a warrant, the use of deadly force, and related policies, and inserting in lieu thereof a new Code section to read as follows: 17-4-20. (a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person eighteen years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. (b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant. (c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement or by peace officers of any agency in the State of Georgia when reasonably necessary to prevent escapes or apprehend escapees from such institutions.

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(d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state. (e) Each peace officer shall be provided with a copy of this Code section. Training regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section should be offered as part of at least one in-service training program each year conducted by or on behalf of each law enforcement department and agency in this state. SECTION 2. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 5, relating to protection of disabled adults, and inserting in lieu thereof a new Chapter 5 to read as follows: CHAPTER 5 30-5-1. This chapter shall be known and may be cited as the `Disabled Adults and Elder Persons Protection Act.' 30-5-2. The purpose of this chapter is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services to all disabled adults and elder persons in need of them. 30-5-3. As used in this chapter, the term: (1) `Abuse' means the willful infliction of physical pain, physical injury, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person. (2) `Caretaker' means a person who has the responsibility for the care of a disabled adult or elder person as a result of family relationship, contract, voluntary assumption of that responsibility, or by operation of law. (3) `Court' means the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found. In any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing, such judge shall appoint a person to serve and exercise

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all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or said judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed, with the approval of the governing authority of the county for which such person is appointed, and shall be paid from the county funds of such county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served. (4) `Department' means the Department of Human Resources. (5) `Director' means the director of the county department of family and children services, or the director's designee, in the county in which the disabled adult or elder person resides or is present. (6) `Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated. (7) `Disabled adult in need of protective services' means a disabled adult who is subject to abuse, neglect, or exploitation as a result of that adult's mental or physical incapacity. (7.1) `Elder person' means a person 65 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. (8) `Essential services' means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult's or elder person's rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person's consent. (9) `Exploitation' means the illegal or improper use of a disabled adult or elder person or that person's resources for another's profit or advantage. (10) `Neglect' means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person.

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(11) `Protective services' means services necessary to protect a disabled adult or elder person from abuse, neglect, or exploitation. Such services shall include, but not be limited to, evaluation of the need for services and mobilization of essential services on behalf of a disabled adult or elder person. 30-5-4. (a)(1) Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, day-care personnel, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section. Except as provided in this paragraph, any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-1-4, but only for such assets that the employee is holding or managing in a fiduciary capacity. When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section. (2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services may report such information to an adult protection agency providing protective services, as designated by the department or, in the absence of such agency, to an appropriate law enforcement authority or district attorney. If a report of disabled adult or elder person abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement authority or district attorney. (b) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other

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pertinent information. All such reports prepared by a law enforcement agency shall be forwarded to the director within 24 hours. (c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. Any financial institution, as defined in Code Section 7-1-4, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil or criminal liability on account of such report or testimony or participation of its employee, unless such financial institution knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation, but also shall apply with respect to the content of the information communicated in such acts. 30-5-5. (a) Any director receiving a report that a disabled adult or elder person is in need of protective services shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the facts of the particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report. (b) Any person conducting an investigation required by this Code section who is unable to gain access to the disabled adult or elder person as a result of interference by another person may petition the court for an order authorizing the investigation and prohibiting interference therewith, which petition shall allege specific facts in support thereof. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds probable cause to believe that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is

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interfering with the conduct of an investigation required under this Code section, the court may issue an order authorizing that investigation and prohibiting interference therewith by any person. (c) If as a result of an investigation conducted under this chapter the director determines that a disabled adult or elder person is in need of protective services, the director shall immediately provide or arrange for protective services for any disabled adult or elder person who consents thereto. (d) Any person providing protective services as authorized by subsection (c) of this Code section who determines that another person is interfering with the provision of such services may petition the court for an order authorizing such services and prohibiting interference therewith. Such petition shall allege specific facts in support thereof, including, but not limited to, the results of any investigation required to be made under this chapter. A hearing upon such petition and notice thereof shall be carried out pursuant to subsection (f) of this Code section. If as a result of the hearing the court finds by clear and convincing evidence that the person named in the petition is a disabled adult in need of protective services or an elder person needing protective services and that any other person is interfering with the provision of such services, the court may issue an order authorizing the provision of such services and prohibiting the interference therewith by any person. (e) Protective services may not be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing in this chapter shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult or elder person pursuant to Chapter 5 of Title 29. (f) A hearing on any petition filed under this Code section shall be held no sooner than five and no later than ten days after such petition is filed, unless a continuance is granted. At least three days prior to such hearing, notice thereof shall be served on the petitioner and notice and copy of the petition shall be served on the person alleged to be a disabled adult in need of protective services or an elder person needing protective services and on such person or persons named in the petition as interfering with the investigation or with the provision of protective services, as applicable. Notice shall be served either in person or by first-class mail. Any person willfully violating any order issued pursuant to this Code section shall be in contempt of the court issuing such order and may be punished accordingly by the judge of that court. (g) The expenses of the court and the hearing officer for any hearing conducted under this Code section shall be the same as those provided in Code Section 37-3-122 and shall be paid as provided therein. A disabled adult or elder person shall be deemed to be a patient under

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Code Section 37-3-122 only for purposes of determining hearing expenses thereunder. Nothing in this Code section shall authorize the payment of attorney's fees for any hearing conducted under this Code section. 30-5-6. (a) The staff and physicians of local health departments, mental health clinics, and other public agencies shall cooperate fully with the director in the performance of the director's duties under this chapter. (b) The director may contract with an agency or private physician for the purpose of providing immediate accessible medical evaluations in the location that the director deems most appropriate. (c) The Board of Human Resources shall adopt regulations to ensure the effective implementation of this chapter. 30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. 30-5-8. (a)(1) It shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. 30-5-9. Nothing in this chapter shall be construed to limit the application of Code Section 34-7-1 to the employment relationship between a disabled adult or elder person and his or her employer or to create a new cause of action as a result of the employment relationship. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION PENALTIES RECOVERABLE BEFORE PUBLIC SERVICE COMMISSION; MAXIMA. Code Section 46-2-91 Amended. No. 279 (Senate Bill No. 130). AN ACT To amend Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, so as to increase the maximum 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. Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) Any person, firm, or corporation (referred to in this Code section as a `utility') subject to the jurisdiction of the commission, which utility willfully violates any law administered by the commission or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. HEALTH SEWAGE; ON-SITE SEWAGE MANAGEMENT SYSTEMS; STATE-WIDE REGULATION; COUNTY BOARDS OF HEALTH DUTIES AND POWERS; BUILDING PERMITS. Code Section 31-2-7, 31-3-5, and 31-3-5.1 Amended. No. 280 (Senate Bill No. 165). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide an exemption for prior approved systems; to provide that local county boards of health shall have certain duties relating to such systems; to provide that county boards of health shall not have the authority to adopt standards and requirements relating to such systems; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Code Section 31-2-7, relating to individual sewage management systems, and inserting in lieu thereof the following: 31-2-7. (a) As used in this Code section, the term: (1) `Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) `Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) `On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) `Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to the effective date of this Code section. (5) `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 regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, 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. Said title is further amended by striking Code Section 31-3-5, relating to the functions of county boards of health, and inserting in lieu thereof a new Code section to read as follows: 31-3-5. (a) Subject to the provisions of Code Section 31-2-7 and subsection (b) of this Code section, each county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act which shall remain in force and effect, the following functions: (1) To determine the health needs and resources of its jurisdiction by research and by collection, analysis, and evaluation of all data pertaining to the health of the community; (2) To develop, in cooperation with the department, programs, activities, and facilities responsive to the needs of its area; (3) To secure compliance with the rules and regulations of the department that have local application; and (4) To enforce, or cause enforcement of, all laws pertaining to health unless the responsibility for the enforcement of such laws is that of another agency. (b) Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2-7 and any rules and regulations promulgated under such

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Code section. Such regulations shall include and be limited to the following: (1) Specifying the locations within the incorporated and unincorporated area of the county where on-site sewage management systems may be installed; (2) Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage management systems; (3) Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems; (4) Issuing permits for the installation of on-site sewage management systems prior to such installation; (5) Inspecting on-site sewage management system installations prior to the completion of the installation; and (6) Providing for on-going maintenance of such systems. (c) Nothing in this Code section or in Code Section 31-3-5.1 shall limit the power of a county or municipal governing authority to exercise its zoning powers or to establish minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b) of this Code section. SECTION 3. Said title is further amended by striking Code Section 31-3-5.1, relating to regulations for septic tanks and individual sewage management systems, and inserting in lieu thereof a new Code section to read as follows: 31-3-5.1. No building permit for the construction of any residence, building, or other facility which is to be served by a sewage management system shall be issued by or pursuant to the authority of a county governing authority unless the sewage management system installation permit is in conformity with standards contained in Code Section 31-2-7 for sewage management systems. No person, firm, corporation, or other entity shall install a sewage management system in violation of the provisions of Code Section 31-2-7 or the regulations of a county board of health adopted pursuant to the authority of Code Section 31-3-5. Each county governing authority shall provide by ordinance or resolution for the enforcement of the provisions of this Code section. SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective

Page 712

upon the Governor's approval 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 14, 1997. PROPERTY MORTGAGES AND DEEDS TO SECURE DEBT; HOME EQUITY LINES OF CREDIT; CERTAIN LIMITATIONS NOT APPLICABLE. Code Section 44-14-1 Amended. No. 281 (Senate Bill No. 175). AN ACT To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be subject to certain limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking Code Section 44-14-1, relating to operation of open-end clauses in mortgages or deeds to secure debt, and inserting in lieu thereof a new Code section to read as follows: 44-14-1. (a) As used in this Code section, the term `original party' means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to the foregoing, the term `original party,' as used in this Code section, shall also include, without limitation, any bank, trust company, or other corporation, whether organized and existing under the laws of the United States or this state, into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be converted. (b) Except as provided in subsection (c), the operation of `open-end' clauses contained in real estate mortgages or deeds conveying realty as

Page 713

security for a debt, which clauses provide that, in addition to securing the debt named or described in the instrument, such instruments or the property thereby conveyed shall also secure any other debt or obligation that may be or become owing by the mortgagor or grantor, is limited to other debts or obligations arising ex contractu, as distinguished from those arising ex delicto, between the original parties to the security instrument. (c) A transferee or assignee of an original party to a home equity line of credit agreement or contract who makes additional advances or disbursements on a home equity line of credit shall have the benefit of the security under the deed if the disbursements, made after the assignment, were authorized by the original parties to the home equity line of credit agreement or contract. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. CRIMES AND OFFENSES CHILD CARE FACILITIES; DAY-CARE CENTERS; CERTAIN OFFENDERS PROHIBITED FROM RESIDING, DOMICILING, OR BEING EMPLOYED AT FACILITIES. Code Sections 16-12-1.1 and 49-5-65.1 Enacted. No. 282 (Senate Bill No. 176). AN ACT To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to make it unlawful for the operator of a facility which provides care for certain children to knowingly have any person reside at, be domiciled at, or be employed at such a facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for any of certain serious crimes; to define certain terms; to provide a penalty; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide that no center nor the operator thereof shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to a specified offense or allow any such person to reside or be domiciled at such center; to provide that the Department of Human Resources is authorized to deny the issuance of or to revoke any permit or license issued to any such center violating such prohibition; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, is amended by adding, following Code Section 16-12-1, a new Code Section 16-12-1.1 to read as follows: 16-12-1.1. (a) As used in this Code section the term: (1) `Facility' means any day-care center, family day-care home, group-care facility, group day-care home, or similar facility at which any child who is not a member of an operator's family is received for pay for supervision and care, without transfer of legal custody, for fewer than 24 hours per day. (2) `Operator' means any person who applies for or holds a permit or license to operate a facility. (b) It shall be unlawful for any operator of a facility to knowingly have any person reside at, be domiciled at, or be employed at any such facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for: (1) A violation of Code Section 16-4-1, relating to criminal attempt, when the crime attempted is any of the crimes specified in paragraphs (2) through (10) of this subsection; (2) A violation of Code Section 16-5-23.1, relating to battery, when the victim at the time of such offense was a minor; (3) A violation of any provision of Chapter 6 of this title, relating to sexual offenses, when the victim at the time of such offense was a minor; (4) A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; (5) A violation of Code Section 16-5-1, relating to murder; (6) A violation of Code Section 16-5-2, relating to voluntary manslaughter; (7) A violation of Code Section 16-6-2, relating to aggravated sodomy; (8) A violation of Code Section 16-6-3, relating to rape;

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(9) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; or (10) A violation of Code Section 16-8-41, relating to armed robbery, if committed with a firearm. (c) Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor. SECTION 2. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by adding, following Code Section 49-5-65, a new Code Section 49-5-65.1 to read as follows: 49-5-65.1. No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1, or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES PHYSICAL THERAPISTS; LICENSING; REGULATION. Code Title 43, Chapter 33 Revised. No. 284 (Senate Bill No. 228). An Act To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to make it unlawful for the operator of a facility which provides care for certain children to knowingly have any person reside at, be domiciled at, or be employed at such a facility if such person has been convicted of or has entered a plea of guilty or nolo contendere to or has been adjudicated a delinquent for any of certain serious crimes; to define certain terms; to provide a penalty; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to provide that no center nor the operator thereof shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to a specified offense or allow any such person to reside or be domiciled at such center; to provide that the Department of Human certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy and terms of the board membrers; to provide for the qualifications of board members; to change provisions regarding certain practices and use of titles and to require identification; to change provisions relating to license requirements for physical therapists and physical therapist assistants; to define physical therapy aide; to change provisions relating to training permits; to change provisions relating to the board's refusal to grant or restore licenses or to the discipline of licensees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 716

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Physical Therapy Act, is amended by striking said chapter in its entirety and inserting in lieu thereof the following: CHAPTER 33 43-33-1. This chapter shall be known and may be cited as the `Georgia Physical Therapy Act.' 43-33-2. This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of physical therapy. The practice of physical therapy is declared to be affected with the public interest; and this chapter shall be liberally construed so as to accomplish the purpose stated in this Code section. 43-33-3. As used in this chapter, the term: (1) `Board' means the State Board of Physical Therapy. (2) `License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (3) `Licensee' means any person holding a license under this chapter. (4) `Person' means a human being only, not a legal entity. (5) `Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials `P.T.'

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(6) `Physical therapist assistant' or `physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials `P.T.A.' (7) `Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. (8) `Physical therapy aide' means a person who only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter. (9) `Trainee' means an individual who is approved for a traineeship. (10) `Traineeship' means a period of activity during which a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one year prior to assuming the supervisory role. (11) `Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon. 43-33-4. There is created a State Board of Physical Therapy. 43-33-5. The board shall consist of eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable

Page 718

conduct. No person shall serve consecutively more than two full terms as a member of the board. 43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Six members of the board shall be licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least three years. At least one member shall be licensed and practicing as a physical therapist assistant for at least three years. The eighth member shall be appointed from the public at large and shall have no business connection whatsoever with the practice or profession of physical therapy. 43-33-7. With the exception of hearings in contested cases, the board may conduct business in conference by telephone, provided that members of the board shall not receive compensation for business conducted in conference by telephone. 43-33-8. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-33-9. The joint-secretary shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the joint-secretary on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint-secretary at his or her office in Atlanta. All official records of the board or affidavits by the joint-secretary certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein. 43-33-10. In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to: (1) Prepare or approve all examinations or applications for licenses; (2) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants;

Page 719

(3) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure; (4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; (5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the `Georgia Administrative Procedure Act'; (6) Discipline any person licensed under this chapter, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evidence its official acts; (8) Establish licensing fees and maintain in the office of the joint-secretary a register of all persons holding a license and a record of all inspections made; (9) Adopt and publish a code of ethics; (10) Issue training permits; and (11) 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 physical therapy. 43-33-11. A physical therapist shall display either the title `physical therapist' or the abbreviation `P.T.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapist assistant shall display either the title `physical therapist assistant' or the abbreviation `P.T.A.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapy aide shall be required to display the title `physical therapy aide' on a name tag or other similar form of identification during times when such person is assisting a licensee. No person shall practice as a physical therapist or as a physical therapist assistant nor hold himself or herself out as being able to practice as a physical therapist or as a physical therapist assistant or as providing physical therapy or use the initials P.T. or P.T.A. in conjunction therewith or use

Page 720

any word or title to induce the belief that he or she is engaged in the practice of physical therapy 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. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of: (1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws; (2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter; (4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; (5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter; or (6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said treatment in this state not to exceed a total of 60 days during any 12 month period. 43-33-12. A license to practice physical therapy shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency

Page 721

and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19. 43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19. 43-33-13.1. A physical therapy aide is one, other than a physical therapist or physical therapist assistant, who is employed to assist a physical therapist or a physical therapist assistant by performing only designated physical therapy tasks under direct supervision of a licensee as approved by the board by rule or regulation. 43-33-14. The board shall determine the competence of applicants to practice as physical therapists or as physical therapist assistants by any method or procedure which the board deems necessary to test the applicant's qualifications.

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43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. 43-33-16. All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter. 43-33-17. (a) The board may issue a training permit to an applicant who is a graduate of an approved physical therapy program who is approved to take the physical therapy licensing examination or who has taken the examination but not yet received the examination results. (b) The board may issue a training permit to a foreign trained applicant who is a graduate from a physical therapy program outside the United States and its territories and who is approved to take the physical therapy licensing examination. (c) The board may issue a training permit to a reinstatement applicant whose license to practice as a physical therapist or license to practice as a physical therapist assistant has been expired for more than two years. (d) The training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has been approved by the board and has practiced for not less than one year prior to assuming the supervisory role. (e) Training permits are governed by rules and regulations authorized under this chapter and approved by the board.

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43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2) Displayed an inability or has become unable to practice as a physical therapist or as a physial therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. 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, including, but not limited to Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy 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 a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a

Page 724

contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a `conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant; or made a false or deceptive biennial registration with the board; (5) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person;

Page 725

unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board; (7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or (8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or

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omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying. 43-33-19. The practice of physical therapy 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 is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior 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, or to allege or prove any special injury. 43-33-20. Any person convicted of violating this chapter shall be guilty of a misdemeanor. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; SPORTS OFFICIALS DEEMED INDEPENDENT CONTRACTORS. Code Section 34-9-2 Amended. No. 286 (Senate Bill No. 263). AN ACT To amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, so as to provide that certain sports officials qualify as independent contractors and not as employees; 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 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, is amended by inserting a new subsection (f) to read as follows: (f)(1) As used in this subsection, the term `sports official' means any person who is a neutral participant in a sports event, including without limitation an umpire, referee, judge, linesman, scorekeeper, or time-keeper. The term `sports official' does not include any person, otherwise employed by an organization or entity sponsoring a sports event, who performs services as a sports official as a part of his or her regular employment. (2) Notwithstanding any other provision of this chapter, a person shall qualify as an independent contractor and not an employee if such person performs services as a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or if such person performs services as a sports official for a public entity or a private, nonprofit organization which sponsors an amateur sports event. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997, and shall apply to claims filed on and after said date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. REVENUE AND TAXATION TAX EXECUTIONS; NOTICE; ENFORCEMENT; TRANSFER. Code Sections 48-3-9 and 48-3-19 Amended. Code Section 48-3-11 Repealed. No. 287 (Senate Bill No. 270). AN ACT To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relating to notice of and enforcement of tax executions; to provide for notice to owners of mortgages and security deeds; to delete provisions relating to requiring such owners to furnish lists of properties in order to receive notice; to change provisions relating to enforcement rights of transferees of tax executions; to specify amounts which may be charged by a transferee for a release or satisfaction; to provide for related matters; to revise comprehensively certain provisions regarding the selling and transferring of tax executions in lot blocks; to provide for definitions; to provide for notice; to provide for procedures, conditions, and limitations; to provide for duties and responsibilities of transferees; 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 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-9, relating to notice of tax levies, and inserting in its place a new Code section to read as follows: 48-3-9. (a) Whenever any real estate is levied upon by the sheriff for taxes, it shall be the sheriff's duty before proceeding to advertise the property for sale as provided by law to give 20 days' written notice of the levy to the record owner of the property and the record owner of each security deed and mortgage affecting such property as provided in subsection (b) of this Code section. The period of 20 days shall begin to run from the time the notice is personally delivered or, when delivered by registered or certified mail as provided in this Code section, from the date of its mailing. The notice shall contain a description of the land levied upon, the name of the owner of the land, the year or years for which the taxes were assessed, and a statement of the amount of the taxes due, together with the accrued cost. The notice shall be delivered to the owner and any secured parties entitled to notice either in person or by registered or certified mail, with return receipt requested at the address given on the list. The sheriff shall keep a copy of the notice on which he or she shall enter the date the notice was delivered and how, where, and to whom the notice was delivered. (b) In order to entitle any owner of a security deed or mortgage to notice as provided in subsection (a) of this Code section, the name and address of such owner must be stated: (1) on the face of a properly recorded security deed or mortgage from the owner of the property; or (2) on the face of a properly recorded transfer of such a security deed or mortgage. SECTION 2. Said chapter is further amended by repealing Code Section 48-3-11, relating to the form of list to be furnished by owners of mortgages and

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security deeds desiring to receive notice of tax executions, and inserting its place the following: 48-3-11. Reserved. SECTION 3. Said chapter is further amended by striking Code Section 48-3-19, relating to transfer of executions, and inserting in its place a new Code Section 48-3-19 to read as follows: 48-3-19. (a)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection (b) of this Code section for individual transfers or subsection (c) of this Code section for transfers in lot blocks, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execution docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. The provisions of this paragraph with respect to enforcement rights of the transferee shall in no manner supersede the provisions of subsection (e) of this Code section which limit the amounts which the transferee may charge for a release of the execution. (2)(A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors;

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(iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor. (b) Except as provided in subsection (c), no person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until: (1) Such person has notified the individual against whom the execution was issued by certified mail, and, with respect to single-family residences and duplexes, notified the occupant thereof by first-class mail, of such person's intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or (2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph. (c)(1) As used in this subsection, the term: (A) `Delinquent taxpayer' means the person against whom an execution has been issued. (B) `Execution' means an execution issued for the collection of any ad valorem taxes, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (C) `Governing authority' means the county governing authority when the tax executions have been issued for state and county taxes or a combination of state, county, and city taxes; or the municipal governing authority when the tax executions have been issued for city taxes alone. (D) `Lot block of executions' means a group of more than one execution of which the aggregate principal amount is not less than $10,000.00. (E) `Transferee' means a person paying for a lot block of executions for the purpose of having those executions and all the rights to enforce collection thereof transferred to him or her.

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(F) `Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (2) Except for transferees who provide 60 days' notice pursuant to paragraph (1) of subsection (b) of this Code section and who purchase such lot blocks of executions for the full, undiscounted principal amount of the executions and interest due thereon, no transferee may, within a single calendar year, pay and have transferred to such transferee executions for which the aggregate principal amount is more than $10,000.00 without first entering into a written agreement with the transferor approved by the governing authority and entered onto the minutes at a regular meeting. Such agreement shall include, but not be limited to, the following provisions: (A) The aggregate principal amount of each group of executions transferred shall be in lot blocks of not less than $10,000.00; (B) No lot block may include one or more executions against the same delinquent taxpayer that exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot block of executions transferred; (C) In the event any execution transferred is later determined to have been issued in error, the transferee will cease and desist from all collection efforts, remove the associated entries from any execution dockets on which it has been entered, remove any negative reports that may have been submitted to credit reporting agencies regarding the erroneous execution, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, penalties, interest, and collection costs that may have been incurred by the transferee since the transfer. The transferor shall deduct such reimbursement from subsequent remittances of taxes, fees, penalties, and interest collections to the levying authorities in the same proportion as the payment received from the transferee for the execution transferred in error was disbursed. Provided, however, the transferor and the transferee may allow for the collection of certain fees, penalties, interest, or costs by the transferee from the transferor when expressly stated in the contract negotiated between the parties; (D) The transferee shall maintain a reasonably accessible office within the State of Georgia where delinquent taxpayers may come or call to inquire about their execution and make arrangements to pay the same; (E) The transferee may begin collection proceedings immediately after the transfer; however, the transferee shall, within 60 days after transfer of the executions, send a notice to each delinquent taxpayer that has not yet settled such delinquent taxpayer's execution

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indicating the transferee is now holding such execution. Such notice shall include, but not be limited to, the payment amount necessary to settle the execution, the rate of accumulation of additional charges authorized by law on the execution, the payment terms and options available to the delinquent taxpayer, the actions that will be taken by the transferee if the execution is not settled in a timely manner, and a statement explaining the rights of the delinquent taxpayer to stop all collection efforts if the execution has been issued in error; (F) The transferee shall, immediately after the execution has been settled, indicate such settlement on any execution dockets where the execution has been entered and submit a statement indicating such settlement to any credit reporting agencies to which negative reports were submitted by the transferee regarding the execution; (G) Unless otherwise provided by the agreement between transferee and transferor, prior to enforcement of the collection of transferred executions, the transferee shall perform a title examination pursuant to the current Title Standards as promulgated by the Real Property Section of the State Bar of Georgia and, upon request by the governing authority, provide a copy of such title examination and related title documents to the sheriff of the county prior to enforcement of the transferred executions by levy and sale; (H) Preexisting agreements under this Code section in effect prior to the effective date of this Act which were approved by the governing authority shall remain in full force and effect until termination by the governing authority; and (I) Responsibility for amounts expended for any mailing or publication costs associated with notification pursuant to paragraph (3) of subsection (c) of this Code section. (3) Before the governing authority may agree to the transfer of executions in lot blocks, it shall notify the delinquent taxpayers of its intention to authorize such transfers. Such notice shall be sent by regular mail and shall advise the delinquent taxpayers against whom the selected executions have been issued that they have 90 days in which to pay the transferor the amount of the execution plus any fees, penalties, interest, and costs that may have accrued or the executions will be transferred to a private company for collection. In the event that such notice sent by regular mail is returned undelivered, or the identity of the delinquent taxpayer is unknown to the governing authority, the governing authority shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. In either event, the transferor shall not be authorized to transfer the executions until this notice has

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been made and the 90 day payment period has transpired. The transferor shall be authorized to transfer the balance of the executions in the lot block that are unpaid at the expiration of the notice period even though as a result of some of the executions being settled during the notice period subparagraphs (A) and (B) of paragraph (2) of this subsection are no longer complied with. (4) Upon compliance with any bidding requirements that may be required by law, the governing authority shall be authorized to allow a discount of up to 10 percent of the amount of the execution; provided, however, that when a portion of the execution represents taxes, fees, penalty, and interest due the state, no part of the discount shall be deducted from such portion and the discount applicable to the state's portion of the execution amount shall be absorbed by the governing authority. Any discount allowed by the governing authority shall not affect the amount due under the execution and the transferee shall have the right to collect the full amount of the execution as if no discount had been allowed. (d) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if: (1) The property which is the subject of the tax execution has been included among a list of properties recommended by the local tax official and approved by the local governing authority, as eligible for exclusion from transfer of execution; (2) A public hearing has been held on the issue of excluding such property from eligibility for transfer of execution; and (3) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best interest of the public. (e) The person to whom a tax execution is transferred as provided in this Code section or such person's successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the total of: (1) The amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum; and (2) Unless otherwise provided by law, recording fees, and where the principal amount of tax execution exceeds $1,500.00, title search fees not to exceed $150.00, actually expended in recording the transferred execution on the general execution docket of the county in which the execution was issued and the general execution docket of the county

Page 734

in which the person against whom the execution was issued resides, if different from the county in which the execution was issued. If a discount from the face amount of the tax execution has been allowed the person to whom a tax execution has been transferred in accordance with subsection (c) of this Code section, the person against whom such execution was issued may be charged the full face amount of the execution plus interest and recording fees as stated in this subsection. This limitation on the amount charged for release or satisfaction of an execution shall be absolute, and it shall be unlawful to charge any other fees or charges of any kind for such a release or satisfaction. 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 14, 1997. REVENUE AND TAXATION TAX ASSESSMENT SETTLEMENT AND COMPROMISE; SIGNATURES FOR TAX RETURNS; FUNDS BY ELECTRONIC TRANSFER; ELECTRONIC TRANSMISSION OF EXECUTIONS; DISCHARGE OF DEBTS WHEN COLLECTION BARRED BY STATUTE OF LIMITATIONS; FILING OF EMPLOYER TAX RETURNS. Code Title 48 Amended. No. 288 (House Bill No. 479). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions regarding the settlement and compromise of proposed tax assessments; to authorize the commissioner to promulgate certain rules and regulations; to authorize the payment of certain refunds by electronic funds transfer; to change provisions to authorize the commissioner to transmit certain executions electronically; to authorize the commissioner to develop procedures to discharge debts for which the statute of limitations has expired; to change provisions regarding the filing of employer tax returns; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 735

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking in its entirety Code Section 48-2-18.1, relating to the creation of a Tax Settlement and Compromise Board, and inserting in its place a new Code Section 48-2-18.1 to read as follows: 48-2-18.1. The commissioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectability, and the settlement or compromise is in the best interests of the state. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. SECTION 2. Said title is further amended by striking in its entirety subsection (f) of Code Section 48-2-32, relating to terms of payment, and inserting in its place a new subsection (f) to read as follows: (f)(1) As used in this subsection, the term `electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (4) A penalty of 10 percent of the amount due shall be added to any timely payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless

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the commissioner has authorized an alternate means of payment in an emergency. (5) In addition to authority granted in Code Section 48-2-40, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the default giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or reglations or instructions issued pursuant to this subsection. (6) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (7) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure. (8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department. SECTION 3. Said title is further amended by striking in its entirety Code Section 48-3-1, relating to execution for collection of money due the state, and inserting in its place a new Code Section 48-3-1 to read as follows: 48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer, provided that the commissioner may transmit such executions electronically. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his affidavit of illegality to the execution and, upon his payment of the tax if required as a condition precedent by the law

Page 737

levying the tax or upon his giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court. SECTION 4. Said title is further amended by adding immediately following Code Section 48-3-23 a new Code Section 48-3-23.1 to read as follows: 48-3-23.1. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the department. SECTION 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 48-7-82, relating to periods of limitation for assessment of taxes, and inserting in its place a new subsection (c) to read as follows: (c) When the assessment of any income tax has been made within the period of limitation properly applicable to the assessment, the tax may be collected by execution, provided that the commissioner may transmit such execution electronically. The general provisions for tax executions as contained in Chapter 3 of this title shall apply to executions pursuant to this subsection. SECTION 6. Said title is further amended by striking in its entirety Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns and payments of tax, and inserting in its place a new Code Section 48-7-103 to read as follows: 48-7-103. (a) Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the department on or before the last day of the month following the end of the quarter.

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(b) Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department on or before the fifteenth day of the following month; provided, however, that the commissioner shall be authorized to promulgate rules and regulations to permit the filing of such returns on a quarterly basis. (c) If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he or she may require the employer to make a return and pay the required tax at any time. (d) The commissioner is authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section, and shall be authorized to permit the filing of returns or the remitting of payments thereunder on an annual basis if agreed to by the taxpayer. SECTION 7. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-7-106, relating to annual and final returns, and inserting in its place a new subsection (a) to read as follows: (a) On or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. The employer shall attach to the return copies of the statements required to be furnished under Code Section 48-7-105 for the period covered by the return, provided that in lieu of attaching copies, the commissioner may authorize the reporting of such information by electronic or magnetic media. SECTION 8. Said title is further amended by striking in its entirety Code Section 48-8-56, relating to period of delinquency of unpaid taxes, and inserting in its place a new Code Section 48-8-56 to read as follows: 48-8-56. The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid. The commissioner may, and, when any tax becomes delinquent under this article, shall, issue a fi. fa. for the collection of the tax, interest, and penalty from each delinquent taxpayer, provided that the commissioner may transmit such a fi. fa. electronically.

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SECTION 9. (a) Except as otherwise provided in this section, this Act shall become effective on July 1, 1997. (b) Section 6 of this Act shall become effective on January 1, 1998. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. MOTOR VEHICLES AND TRAFFIC VEHICLE REGISTRATION; TITLES; COUNTY TAG AGENTS; ELECTRONIC TRANSACTIONS AND RECORDS; DIGITAL SIGNATURES; COMMEMORATIVE LICENSE PLATES. Code Title 40 Amended. No. 289 (House Bill No. 487). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize the state revenue commissioner to promulgate certain rules and regulations; to authorize the state revenue commissioner to enter into certain agreements; to amend various provisions so as to permit the state revenue commissioner's authorized county tag agent to receive and retain certain documents relating to notices of security interests and applications and registrations for license plates and certificates of title; to authorize the use of digital signatures under certain circumstances; to authorize certain transactions relating to liens to be made by electronic means; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subsection (a) of Code Section 40-2-23, relating to county tax collectors and tax commissioners as designated tag agents, and inserting in its place a new subsection (a) to read as follows: (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promulgate

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rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. SECTION 2. Said title is further amended by adding immediately following Code Section 40-2-32 a new Code section 40-2-32.1 to read as follows: 40-2-32.1. (a) In the event the General Assembly enacts any law approving the sale of commemorative license plates recognizing Georgia organizations or institutions, including educational institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates. (b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of not more than $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates. (c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia. SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-2-130, relating to records of certificates of registration, and inserting in its place a new subsection (a) to read as follows: (a) A record of certificates of registration shall be maintained by the commissioner or the commissioner's duly authorized county tag agent. All certificates of registration shall be issued: (1) Under a distinctive tag registration number assigned to the vehicle;

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(2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle title number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-3-3, relating to the powers and duties of the commissioner, and inserting in its place a new subsection (a) to read as follows: (a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner speedily, completely, and efficiently to perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of title, notices of security interest, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. SECTION 5. Said title is further amended by striking in its entirety Code Section 40-3-21, relating to application for first certificate of title, and inserting in its place a new Code Section 40-3-21 to read as follows: 40-3-21. (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner or the commissioner's duly authorized county tag agent 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 of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner or the authorized county tag agent 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

Page 742

owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain: (1) The name, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, 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 or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle. (b)(1) As used in this subsection, the term `digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. (2) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. The dealer shall promptly mail or deliver the application to the commissioner or the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle

Page 743

is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. (c)(1) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by: (A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner or authorized county tag agent reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired. SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-3-22, relating to examination of records, and inserting in its place a new subsection (a) to read as follows: (a) The commissioner or the commissioner's duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by Code Section 40-3-23 and against the record of stolen and converted vehicles required to be maintained by Code Section 40-3-5. SECTION 7. Said title is further amended by striking in its entirety Code Section 40-3-23, relating to issuance of certificate of title and maintenance and inspection

Page 744

of records, and inserting in its place a new Code Section 40-3-23 to read as follows: 40-3-23. (a) The commissioner or the commissioner's duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The commissioner or the commissioner's duly authorized county tag agent shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (c) The commissioner or the commissioner's duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioner's duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The motor vehicle records which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer for official law enforcement investigations as certified by the commanding officer of the law enforcement agency making such request; (2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;

Page 745

(3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5) Any licensed dealer of new or used motor vehicles; (6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. (e) The commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which such records shall be open for public inspection. SECTION 8. Said title is further amended by striking in its entirety Code Section 40-3-24, relating to contents of certificate of title, and inserting in its place a new Code Section 40-3-24 to read as follows: 40-3-24. (a) Each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vehicle; (5) A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, number of cylinders, whether new, used, or a demonstrator and, if a new vehicle or a demonstrator, the date of the first sale of the vehicle for use; and (6) Any other data the commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien. (c) A certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent is prima-facie evidence of the facts appearing on it.

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(d) A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle. SECTION 9. Said title is further amended by striking in its entirety Code Section 40-3-25, relating to entry of odometer reading on certificate of title upon sale or transfer of vehicle, and inserting in its place a new Code Section 40-3-25 to read as follows: 40-3-25. In addition to the information required by Code Section 40-3-24, each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a demonstrator or a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title and on the manufacturer's statement of origin where assigned to the first retail purchaser the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, such owner shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time such owner executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title. Notwithstanding any other provision of this Code section, the odometer reading of any motor vehicle which is more than ten model years old shall not be required to be recorded on the certificate of title for such vehicle. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the requirement of disclosure of the odometer mileage on certificates of title. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section. SECTION 10. Said title is further amended by striking in its entirety Code Section 40-3-26, relating to delivery of certificates and notices to holders of security interests and liens, and inserting in its place a new Code Section 40-3-26 to read as follows: 40-3-26. (a) (1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event

Page 747

there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the Motor Vehicle Division of the Department of Revenue until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until such security interest holder's or lienholder's claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder's or lienholder's lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will inform the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 40-3-56. SECTION 11. Said title is further amended by striking in its entirety Code Section 40-3-27, relating to general procedure for reflecting a subsequent transaction or certificate, and inserting in its place a new Code Section 40-3-27 to read as follows:

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40-3-27. (a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee of $5.00, and the title application shall be mailed by registered or certified mail, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return registered or certified mail receipt as proof of such person's compliance with this Code section. (b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized

Page 749

county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter. (c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (d) Any first security interest holder or lienholder having possession of a certificate of title shall not have the validity of such first security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section. SECTION 12. Said title is further amended by striking in its entirety Code Section 40-3-28, relating to registration of vehicle where commissioner not satisfied as to ownership of vehicle, and inserting in its place a new Code Section 40-3-28 to read as follows: 40-3-28. If the commissioner or the commissioner's duly authorized county tag agent is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent may register the vehicle, but shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner or authorized county tag agent and payable to the commissioner or authorized county tag agent for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss, or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest

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upon the right, title, and interest of the applicant in and to the vehicle. The commissioner or authorized county tag agent shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond. SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-3-29, relating to refusing a certificate of title, and inserting in its place a new subsection (a) to read as follows: (a) The commissioner or the commissioner's duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the commissioner or the commissioner's duly authorized county tag agent has reasonable grounds to believe that: (1) The applicant is not the owner of the vehicle; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or (4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state. SECTION 14. Said title is further amended by striking in its entirety Code Section 40-3-31, relating to lost, stolen, mutilated, or destroyed certificates, and inserting in its place a new Code Section 40-3-31 to read as follows: 40-3-31. If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioner's duly authorized county tag agent, shall promptly make application for and may obtain a replacement, upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replacement shall be issued on the following terms and conditions: (1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate.';

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(2) When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend `Replacement Title'; (3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or authorized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate such owner or transferee may surrender the original certificate together with the replacement title and if such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent may issue such owner or transferee a new certificate of title with no legend thereon; and (4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have such victim's interest protected. SECTION 15. Said title is further amended by striking in its entirety Code Section 40-3-31.1, relating to replacement certificates of title for mobile homes, and inserting in its place a new Code Section 40-3-31.1 to read as follows: 40-3-31.1. The commissioner or the commissioner's duly authorized county tag agent 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 or authorized county tag agent to have such interest recorded on the new certificate of title, and such lien or security interest shall relate back to the original date of creation without any lapse due to the retirement of such certificate of title.

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SECTION 16. Said title is further amended by striking in its entirety subsection (e) of Code Section 40-3-32, relating to transfer of vehicle generally, and inserting in its place a new subsection (e) to read as follows: (e) The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if such prospective purchaser desires, have the commissioner's or the commissioner's duly authorized county tag agent's records searched for undisclosed certificates of title and security interests. SECTION 17. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-3-34, relating to transfer of vehicle by operation of law, and inserting in its place a new subsection (c) to read as follows: (c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner or the commissioner's duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent does not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this article is not conclusive upon the rights of an owner or lineholder named in the old certificate. SECTION 18. Said title is further amended by striking in its entirety Code Section 40-3-35, relating to when commissioner to issue new certificate to transferee and filing and retention of surrendered certificates, and inserting in its place a new Code Section 40-3-35 to read as follows: 40-3-35. (a) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or

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the authorized county tag agent, the commissioner or authorized county tag agent shall make demand therefor from the holder thereof. (c) The commissioner or the commissioner's duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein. SECTION 19. Said title is further amended by striking in its entirety Code Section 40-3-51, relating to creation of security interest by owner, and inserting in its place a new Code Section 40-3-51 to read as follows: 40-3-51. If the owner creates a security interest in a vehicle: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder; (2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner's appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and (3) Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate containing the name and address of the holder of the security interest and of holders of previous

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unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 40-3-26 in regard to notifying other holders of the content of the certificate. SECTION 20. Said title is further amended by striking in its entirety Code Section 40-3-52, relating to perfection of second or subsequent security interests, and inserting in its place a new Code Section 40-3-52 to read as follows: 40-3-52. (a) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a $5.00 filing fee, by registered or certified mail, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. (b) If the holder of the second or subsequent security interest forwards by registered or certified mail the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return registered or certified mail

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receipt as proof of perfection of his security interest under this Code section. (c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If after a direct application of the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter. (d) As an alternative to mailing notices concerning a second or subsequent security interest to the commissioner or the commissioner's duly authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (e) No first security interest holder or lienholder having possession of the certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided for by this Code section. SECTION 21. Said title is further amended by striking in its entirety Code Section 40-3-53, relating to perfection and enforcement of liens generally, and inserting in its place a new Code Section 40-3-53 to read as follows: 40-3-53. (a) If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2 (excepting the holder of a mechanic's lien, perfection of which is

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prescribed in Code Section 40-3-54) desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a $5.00 fee, either personally or by registered or certified mail, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered or certified mail receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice, and in the event such owner or person having custody of the current title cannot do so such owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on the commissioner's or authorized county tag agent's records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the commissioner or authorized county tag agent. (c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application,

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notice, fee, and current certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required in this Code section, the lien claimant may, if such lien claimant's lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the person who has custody of the current certificate of title to forward the certificate of title to the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner or authorized county tag agent and after the order of the commissioner or authorized county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens, and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled. (d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of such security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioner's duly authorized county tag agent shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only against the specific vehicle identified in the application for a new certificate. (f) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interests and liens only by compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected. SECTION 22. Said title is further amended by striking in its entirely Code Section 40-3-55, relating to assignment of security interests and liens, and inserting in its place a new Code Section 40-3-55 to read as follows:

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40-3-55. (a) The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 40-3-27. SECTION 23. Said title is further amended by striking in its entirety Code Section 40-3-56, relating to satisfaction of security interests and liens, and inserting in its place a new Code Section 40-3-56 to read as follows: 40-3-56. (a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the `holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release. (2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by

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secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or, if there is no other security interest holder or lienholder, to the owner without payment of any fee provided by Code Section 40-3-38. (b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner or the commissioner's duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26 shall otherwise be complied with. In the event that the lienholder or security interest holder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such lienholder or security interest holder is no longer in business. (c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent.

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SECTION 24. This Act shall become effective on July 1, 1997. SECTION 25. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; GRADUATED LICENSING; LICENSE ISSUANCE, SUSPENSION, AND REVOCATION; DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; ZERO TOLERANCE FOR ALCOHOL FOR DRIVERS UNDER AGE 21; HABITUAL VIOLATORS. Code Section 15-11-35 Amended. Code Section 17-10-3.1 Enacted. Code Title 20, Chapter 2 Amended. Code Section 37-7-2 Amended. Code Title 40 Amended. Code Section 42-8-110 Amended. No. 290 (House Bill No. 681). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain provisions relating to disposition of a delinquent child; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, so as to provide for confinement of certain persons convicted of violating subsection (k) of Code Section 40-6-391; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the Department of Education shall provide certain school enrollment, attendance, and suspension information to the Department of Public Safety; to provide that school attendance records may be used by the Department of Public Safety to verify school attendance; to amend Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to authority of the Board of Human Resources, so as to provide for certain regulations and fees; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for surrender of license plates of certain habitual violators; to provide for special license plates; to provide for conveyances of motor vehicles of certain habitual violators; to define certain terms; to change certain provisions relating to driver's license exemptions; to change certain provisions relating to persons not to be licensed; to provide for the issuance of a provisional license to drivers at least 16 years of age; to provide for a new class of license; to change certain provisions relating to instruction permits; to provide for requirements for obtaining a provisional driver's license; to provide for a fee and application for a provisional driver's license; to provide for restrictions on provisional drivers' licenses;to change certain provisions relating to examination of driver's license applicants; to provide for school enrollment, attendance, and graduation requirements for persons under 18 years of age applying for or issued instruction permits and drivers' licenses; to provide for revocation of drivers' licenses of persons under 21 years of age in certain circumstances; to provide restrictions on number of passengers transported by certain drivers; to provide for zero tolerance for alcohol for drivers under 21 years of age; to change certain provisions relating to periods of suspension and conditions to return license; to provide clinical evaluation and treatment requirements for certain offenders; to change certain provisions relating to limited driving permits for certain offenders; to change certain provisions relating to seizure and disposition of drivers' licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to change certain provisions relating to suspension by operation of law for failure to complete alcohol or drug course following an accepted plea of nolo contendere; to change certain provisions relating to circumstances not affecting suspension by operation of law; to extensively revise provisions relative to driving under the influence of alcohol or drugs; to change certain provisions relative to the scope of hearings for drivers under 21 years of age; to provide for punishments; to change certain provisions relating to entry of plea of nolo contendere and order to attend alcohol and drug course; to amend Article 7 of Chapter 8 of Title 42, relating to use of ignition interlock devices as a condition of probation, so as to change certain provisions relating to definitions, applicability, and purchase or lease of ignition interlock devices by counties and muncipalities; to provide for related matters; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the Teen-age and Adult Driver Responsibility Act. SECTION 1A. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding to Code

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Section 15-11-35, relating to disposition of a delinquent child, a new subsection (b.1) to read as follows: (b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1. SECTION 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to imposition of punishment for crimes, is amended by adding a new Code Section 17-10-3.1 to read as follows: 17-10-3.1. (a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that such person shall be kept segregated from all offenders

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other than those confined for violating subsection (k) of Code Section 40-6-391. SECTION 3. 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 20-2-320, relating to state-wide comprehensive educational information network, a new subsection (g) to read as follows: (g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 20-2-690, relating to requirements for private schools and home study programs, and inserting in lieu thereof a new Code Section 20-2-690 to read as follows: 20-2-690. (a) This subpart recognizes the existence of public schools, private schools, and home study programs as educational entities. (b) As used in this subpart, the term `private school' means an institution meeting the following criteria or requirements: (1) The primary purpose of the institution is to provide education or, if the primary purpose of the institution is religious in nature, the institution shall provide the basic academic educational program specified in paragraph (4) of this subsection; (2) The institution is privately controlled and operates on a continuing basis; (3) The institution provides instruction each 12 months for the equivalent of 180 school days of education with each school day consisting of at least four and one-half school hours; (4) The institution provides a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) Within 30 days after the beginning of each school year, it shall be the duty of the administrator of each private school to provide to the school superintendent of each local public school district which has residents enrolled in the private school a list of the name, age, and

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residence of each resident so enrolled. At the end of each school month, it shall be the duty of the administrator of each private school to notify the school superintendent of each local public school district of the name, age, and residence of each student residing in the public school district who enrolls or terminates enrollment at the private school during the immediately preceding school month. Such records shall indicate when attendance has been suspended and the grounds for such suspension. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; and (6) Any building used by the institution for private school purposes meets all health and safety standards established under state law and local ordinances. (c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development (GED) equivalency diploma, but the parents or guardians may employ a tutor who holds at least a baccalaureate college degree to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of

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education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted at the end of each month to the school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years. (d) Any person who operates a private school without complying with the requirements of subsection (b) of this Code section or any person who operates a home study program without complying with the requirements of subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. (e) The State Board of Education shall devise, adopt, and make available to local school superintendents, who shall in turn make available to administrators of private schools and parents or guardians with children in home study programs, such printed forms and procedures as may be reasonably necessary to carry out efficiently the reporting provisions of this Code section, but such printed forms and procedures shall not be inconsistent with or exceed the requirements of this Code section. SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-697 of the Official Code of Georgia Annotated, relating

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to attendance reports and records kept by public schools, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282. SECTION 6. Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to authority of the Board of Human Resources, is amended by adding a new subsection (a.1) to read as follows: (a.1) The board shall issue regulations to implement the provisions of Code Section 40-5-63.1 relative to clinical evaluations and substance abuse treatment programs and shall prescribe such application fees for providers desiring authorization to provide clinical evaluations or substance abuse treatment programs as are reasonably necessary to cover the cost of considering such applications. Such regulations shall provide for approval of providers and such approval shall be valid continuously unless and until revoked in accordance with such regulations. SECTION 7. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-2-136 to read as follows:

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40-2-136. (a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. (b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates. (c)(1) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of public safety shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain. (2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject

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to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate. (3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner. (4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent. (5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility. (6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle. (7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' SECTION 8. Said title is further amended by striking paragraph (1) of Code Section 40-5-1, relating to definitions, and inserting in lieu thereof a new paragraph (1) and by adding new paragraphs (3.1) and (16.2), respectively, to read as follows: (1) `Assessment component' means the standard screening instrument or instruments designated by the Department of Human Resources which are used to screen for the extent of an individual's alcohol or drug use and its impact on driving. (3.1) `Clinical evaluation' means an evaluation under Chapter 7 of Title 37 at a facility to diagnose an individual's substance abuse or

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dependence and, if indicated, to refer the individual to appropriate treatment. (16.2) `Substance abuse treatment program' means a program of treatment under Chapter 7 of Title 37 at a facility authorized to provide services designed to meet an individual's substance abuse treatment needs based upon the results of a clinical evaluation performed by a provider other than the provider of the treatment program for such individual. SECTION 9. Said title is further amended by striking in its entirety Code Section 40-5-21, relating to general exemptions from drivers' licenses, and inserting in lieu thereof the following: 40-5-21. (a) Except as provided in Article 7 of this chapter, the `Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter: (1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license; (2) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; (3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his or her home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state; (4) Any person on active duty in the armed forces of the United States who has in his or her immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his or her return to the United States; (5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;

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(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business; (7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests; (8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; (9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department; (10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state; and (11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor 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,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term `commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. 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 or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high 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

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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. (b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if: (1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; and (2) He or she is currently enrolled in a school in this state, has paid for the current period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current period of enrollment. SECTION 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-22, relating to persons not to be licensed, and inserting new subsections (a) and (a.1) to read as follows: (a) The department shall not issue any Class C driver's license to any person who is under 18 years of age or Class M driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under subsection (b) of Code Section 40-5-24, issue a Class D driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his or her immediate possession a valid license issued to him or her in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years. (a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction

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permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) equivalency diploma, a special diploma, or a certificate of high school completion, has permission of his or her parent or guardian to withdraw from school, or has terminated his or her secondary education and is enrolled in a postsecondary school or the records of the department indicate that said applicant: (A) Is enrolled in and not under suspension from a public or private school and satisfies relevant attendance requirements as set forth in paragraph (2) of this subsection; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. (2) The department shall forthwith notify by certified mail, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who has permission of his or her parent or guardian to withdraw from school that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the records of the department indicate that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten consecutive school days of unexcused absences in any semester or combination of two consecutive quarters; or (C) Has been suspended from school for: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; or (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term `weapon' shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project. Notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.'

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After such hearing, the department shall sustain its order of suspension or rescind such order. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period to end upon the date of such minor's eighteenth birthday, but such minor's instruction permit or driver's license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education and qualifies for an instruction permit or driver's license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or driver's license suspended pursuant to subparagraph (C) of this paragraph shall not be reinstated until 90 days after the effective date of the suspension of such permit or license. (3) The State Board of Education and the Board of Public Safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. SECTION 11. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-5-23, relating to classes of licenses, and inserting in lieu thereof the following: (c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows: Class A Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C; Class B Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds and all vehicles included within Class C; Class C Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; Class D Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive;

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Class M Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P Instructional permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license. SECTION 12. 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 the following: 40-5-24. (a) (1) 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 noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 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 two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial OF noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (2) A person who has been issued an instruction permit under this subsection and has never been issued a Class D driver's license under subsection (b) of this Code section will become eligible for a Class D driver's license under subsection (b) of this Code section only if such person is at least 16 years of age, has a valid instruction permit which is not under suspension, and, for a period of not less than 12 consecutive months prior to making application for a Class D driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57. (3) This subsection does not apply to instruction permits for the operation of motorcycles. (b) (1) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit

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issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section. The department shall, after the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions: (A) The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless: (i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis; (ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student; (iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or (iv) For the purpose of a medical, fire, or law enforcement related emergency; and (B) The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph alone but may be charged with violating this subparagraph in addition to any other traffic offense. (2) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, or convicted of any offense for which four or more points are assessable

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under subsection (c) of Code Section 40-5-57 and is at least 18 years of age. (c) 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, on a limited access highway, or at night. (d) 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 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. (e) 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. SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-25, relating to applications and fees for drivers' licenses and instruction permits, and inserting in lieu thereof the following: (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every

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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 and for Class D 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. SECTION 14. Said title is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, and inserting in its place the following: (a) The department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary

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and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. SECTION 15. Said title is further amended by adding a new Code Section 40-5-57.1 to read as follows: 40-5-57.1. (a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23, or violation of Code Section 40-6-391 shall be revoked by the department as provided by this Code section, and a driver's license revoked under this subsection shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation. Notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. (b) A person whose driver's license has been revoked under subsection (a) of this Code section shall: (1) Except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license six months from the date on which the revoked license was surrendered to and received by the department; and

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(B) Upon a second or subsequent such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department; (2) If the driver's license was revoked upon conviction for violation of Code Section 40-6-391 and the driver's alcohol concentration at the time of the offense was 0.08 grams or more, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department. (c) Any person whose driver's license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-67.2. (d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Department of Public Safety and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63. SECTION 16. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license, and inserting in lieu thereof a new paragraph (1) to read as follows: (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 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

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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 21 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 be considered a conviction, and 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; SECTION 17. Said title is further amended by adding a new Code Section 40-5-63.1 to read as follows: 40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has

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enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code section, 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. SECTION 18. Said title is further amended by striking Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following: 40-5-64. (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 paragraph (2) of subsection (a.1) of Code Section 40-5-22, 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 or as otherwise provided by Code Section 40-5-63.1. (b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student;

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(4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner. (c.1) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (5) Such other restrictions as the department may require. (e) 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 driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, 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, 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

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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. (f) Liability of issuing officer. No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section. (g) Revocation of permit. (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (h) Hearings. Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section. (j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor. SECTION 19. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of drivers' licenses of persons charged with driving

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under the influence, issuance of temporary driving permits, and disposition of cases, and inserting in lieu thereof the following: 40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, 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 an 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. (c) (1) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.

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(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition. SECTION 20. Said title is further amended by striking in their entirety subsections (b), (b.1), (c), and (g) of Code Section 40-5-67.1, relating to the administration of chemical tests to determine whether a person is driving under the influence of alcohol or drugs, and inserting in lieu thereof new subsections (b), (b.1), (c), and (g), respectively, to read as follows: (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age 21: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended and, if you are convicted of having such an alcohol concentration, will be revoked. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?' (2) Implied consent notice for suspects age 21 or over: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration

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of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?' (3) Implied consent notice for commercial motor vehicle driver suspects: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. (b.1) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after July 1, 1997. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to July 1, 1997, in which case those provisions of former Code Sections 40-5-67.1 and 40-6-392 governing the content of the notice required to be given by the officer to the person regarding administration of chemical testing and governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply.

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(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 an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 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 an 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. (g)(1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor 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

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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 were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an 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 issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument 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 instrument 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 or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An 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 future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee.

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SECTION 21. Said title is further amended by striking Code Section 40-5-68, relating to suspension of licenses by operation of law for failure to complete alcohol or drug course following an accepted plea of nolo contendere, and inserting in lieu thereof the following: 40-5-68. Reserved. SECTION 22. Said title is further amended by striking Code Section 40-5-69, relating to circumstances not affecting suspension by operation of law, and inserting in lieu thereof the following: 40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension. SECTION 23. Said title is further amended by striking in its entirety Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof the following: 40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

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(5) 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 (6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (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, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and (C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; (2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions

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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 subparagraph; and (C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; 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, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; and (C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours. 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.

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(2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g)(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 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

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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 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)(1) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.02 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. (2) 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, provided that any term of imprisonment served shall be subject to the provisions of Code Section 17-10-3.1, and any period of community service imposed on such person shall be required to be completed within 60 days of the date of sentencing. (3) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (4) The driver's license of any person convicted of violating this subsection shall be revoked as provided by Code Section 40-5-57.1

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(1) 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 24. Said title is further amended by striking Code Section 40-6-391.1, relating to entry of plea of nolo contendere and order to attend alcohol and drug course, and inserting in lieu thereof the following: 40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; 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. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety within ten days after disposition.

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(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section 40-5-67. SECTION 25. Said title is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-6-392, relating to chemical tests for the presence of alcohol and drugs in blood, and inserting in lieu thereof the following: (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6-391. SECTION 26. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the use of ignition interlock devices as a condition of probation, is amended by striking Code Section 42-8-110, relating to definitions, applicability, and purchase or lease of ignition interlock devices by counties and municipalities, and inserting in lieu thereof the following: 42-8-110. (a) As used in this article, the term `ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (b) As used in this article, the term `provide center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court. (c) Ignition interlock devices for provider centers shall be purchased or leased by counties, municipalities, or private entities pursuant to competitive bidding procedures established by the rules and regulations of the Department of Public Safety.

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(d) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Public Safety. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order. SECTION 27. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after that date and, except for subsection (b.1) of Code Section 40-5-67.1 as enacted by this Act, this Act shall not apply to offenses committed prior to that date. (b) Subsection (a.1) of Code Section 40-5-22 as enacted by this Act and Section 18 of this Act shall become effective on January 1, 1998. SECTION 28. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. NUISANCES SPORT SHOOTING RANGES; CHANGED CONDITIONS; NOISE. Code Section 41-1-9 Enacted. No. 291 (Senate Bill No. 8). AN ACT To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances generally, so as to provide that sport shooting ranges complying with existing law shall not be deemed nuisances as a result of changed circumstances; to limit rights of action against such ranges under certain circumstances; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances generally, is amended by adding thereto a new Code Section 41-1-9, relating to sport shooting ranges, to read as follows: 41-1-9. (a) As used in this Code section, the term:

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(1) `Person' means an individual, proprietorship, partnership, corporation, or unincorporated association. (2) `Sport shooting range' or `range' means an area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto. (3) `Unit of government' means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities. (b) No sport shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operation as a sport shooting range. Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this Code section. (c) No sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation. (d) No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances. SECTION 2. This Act shall become effective July 1, 1997, and shall apply with respect to conduct occurring on or after that effective date. This Act shall not apply to or affect conduct occurring prior to that effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION NATURAL GAS; ALTERNATIVE FORM OF REGULATION; DISCOVERY IN CASES BEFORE PUBLIC SERVICE COMMISSION; COMPETITION AND DEREGULATION. Code Sections 46-1-1 and 46-2-57 Amended. Code Section 46-2-23.1 Enacted. Code Title 46, Chapter 4, Article 5 Enacted. No. 292 (Senate Bill No. 215) AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for a definition of gas company; to provide for a method of establishing just and reasonable rates for gas companies through an alternative form of regulation; to provide for the allocation of certain revenues; to provide for discovery in certain cases before the Public Service Commission; to enact the Natural Gas Competition and Deregulation Act; to provide a short title; to provide for legislative findings and intent; to define certain terms; to provide for the certification of marketers of certain natural gas services; to provide a mechanism by which a gas company may elect to be governed by the provisions of the Natural Gas Competition and Deregulation Act; to establish certain rate-making and other requirements for a gas company which makes such an election; to provide for continued rate and other regulation of firm distribution service offered by an electing distribution company; to provide for deregulation of certain natural gas services upon certain findings by the Public Service Commission; to provide for review and approval of capacity supply plans; to provide for the issuance of temporary emergency directives under certain circumstances; to establish certain obligations of an electing distribution company; to establish standards of conduct for an electing distribution company; to provide for regulation by the Public Service Commission of marketers of certain natural gas services and for the application of certain laws to such marketers; to provide for the creation, funding, and administration of a universal service fund for each electing distribution company; to provide for the effect of the Natural Gas Competition and Deregulation Act on certain powers of the Public Service Commission, certain powers of political subdivisions of this state, and certain contracts; to provide for reports to the General Assembly; 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 inserting following

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paragraph (6) of Code Section 46-1-1, relating to definitions, the following new paragraph, to be designated paragraph (6.1), to read as follows: (6.1) `Gas company' means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas. SECTION 2. Said title is further amended in Article 2 of Chapter 2, relating to the jurisdiction, powers, and duties of the Public Service Commission, by inserting the following new Code section, to be designated Code Section 46-2-23.1, to read as follows: 46-2-23.1. (a) As used in this Code section, the term `alternative form of regulation' means a method of establishing just and reasonable rates and charges for a gas company by performance based regulation without regard to methods based strictly upon cost of service, rate base, and rate of return. Performance based regulation may include without limitation one or more of the following features: earnings sharing, price caps, price-indexing formulas, ranges of authorized rates of return, and the reduction or suspension of regulatory requirements. (b) A gas company may from time to time file an application with the commission to have its rates, charges, classifications, and services regulated under an alternative form of regulation. Within ten days of the filing, the gas company shall publish a notice generally describing the application in a newspaper or newspapers with general circulation in its service territory. (c) After notice and hearing the commission may approve the plan, or approve it with modifications, if the commission determines that the application is in the public interest and will produce just and reasonable rates, after taking into consideration the extent to which the application: (1) Is designed to and is likely to produce lower prices for consumers of natural gas in Georgia; (2) Will provide incentives for the gas company to lower its costs and rates; (3) Will provide incentives to improve the efficiency and productivity of the gas company; (4) Will foster the long-term provision of natural gas service in a manner that will improve the quality and choices of service; (5) Is consistent with maintenance and enhancement of safe, adequate, and reliable service and will maintain or improve preexisting service quality and consumer protection safeguards;

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(6) Will not result in cross-subsidization among or between groups of gas company customers; (7) Will not result in cross-subsidization among or between the portion of the gas company's business or operations subject to the alternative form of regulation and any unregulated portion of the business or operations of the gas company or of any of its affiliates; (8) Will reduce regulatory delay and cost; and (9) Will tend to enhance economic activity in the affected service territory. (d) Performance based regulation adopted by the commission as an alternative form of regulation shall provide for the following: (1) Equal and symmetric opportunities to earn above and below the performance standard; (2) Performance incentives based upon conditions within the control of the management of the gas company; and (3) Adjustments from time to time for the net effect of changes in tax rates, other costs imposed by law, and the cost of capital. (e) Where an application for an alternative form of regulation has been filed by a gas company and the commission determines that the proposal does not satisfy the requirements of this Code section, it may either reject the proposal or issue an order approving an alternative with such modifications as the commission deems necessary to satisfy the requirements of this Code section. The commission shall determine and prescribe in any such order establishing rates and charges the revenue requirements of the gas company filing the application. (f) An order adopting an alternative form of regulation may include: (1) Terms and conditions for establishing new services, withdrawing services, price changes to services, and services by contract to individual customers; (2) Terms and conditions necessary to achieve the objectives contained in subsection (c) of this Code section; (3) General or specific authorization for changes in rates, charges, classifications, or services such that the provisions of subsection (a) of Code Section 46-2-25 do not require 30 days' notice and commission approval before such change or changes may go into effect; and (4) Other rates, terms, and conditions that are consistent with the objectives and requirements of subsection (c) of this Code section. (g) Except as otherwise provided in this Code section, the provisions of this title relating to the rates, charges, and terms of service of a gas

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company shall apply to rates, charges, and terms of service established pursuant to this Code section. (h) Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this Code section. (i)(1) Neither the provisions of this Code section nor the provisions of Article 5 of Chapter 4 of this title shall prohibit a gas company from releasing interstate pipeline capacity available to it from time to time and not required to serve the requirements of its retail customers and marketers and from making sales of gas with or without interstate transportation capacity to municipal corporations, other local gas distribution companies, or marketers and end users connected to an interstate pipeline company or connected to another local distribution company; provided, however, that where net benefits to the firm retail customers who are receiving commodity sales service from the gas company accrue: (A) Twenty percent of the revenues from the release of interstate pipeline capacity for the purposes of transporting gas to end users in Georgia shall be allocated to the gas company, and the remaining 80 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm retail customers; (B) Ten percent of the revenues from the release of interstate pipeline capacity for the purpose of transporting gas to end users outside of Georgia shall be allocated to the gas company, and the remaining 90 percent of such revenues shall be credited to the costs of gas sold by the gas company to firm retail customers; and (C) Fifty percent of the net margin from the sale of gas, with or without interstate capacity, to municipal corporations, other local gas distribution companies, or marketers and end users connected to an interstate pipeline company or connected to another local distribution company shall be allocated to the gas company, and the remaining 50 percent of such net margins shall be credited to the costs of gas sold by the gas company to firm retail customers; provided, however, that if as a result of such sale, the then existing natural gas requirements of retail customers in Georgia cannot be supplied physically, all of such net margin shall be credited to the costs of gas. The net margin shall be calculated by subtracting all variable costs associated with the transaction from the revenues generated by the transaction. The costs recovered by the gas company through such transactions shall be credited to the gas costs payable by retail customers of the gas company. (2) Where a universal service fund has been created by the commission pursuant to Code Section 46-4-161 for a gas company which is an electing distribution company, as defined in paragraph (10) of Code

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Section 46-4-152, the shares that are to be credited to the costs of gas sold to firm retail customers under subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be allocated to such fund, and the costs recovered through a transaction described in subparagraph (C) of this subsection shall be allocated to such company. (3) Any gas company which engages in a transaction of a type described in paragraph (1) of this subsection, which results in the allocation to the gas company of a share of the revenues or net margin therefrom, shall make a report to the commission annually describing each such transaction and explaining the benefits resulting to firm retail customers from each such transaction. Such report shall be served on the consumer's utility counsel division of the Governor's Office of Consumer Affairs. SECTION 3. Said title is further amended in Article 3 of Chapter 2, relating to investigations and hearings before the Public Service Commission, by striking in their entirety subsections (a) and (b) of Code Section 46-2-57, relating to obtaining of discovery, and inserting in lieu thereof the following new subsections (a) and (b) to read as follows: (a) In any case pending before it, the commission, in addition to its now existing authority to do so, is authorized to issue an order permitting its employees and agents to take depositions and otherwise obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in the investigation, proceeding, or petition before the commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil actions. In any case involving an application of a gas company to establish just and reasonable rates pursuant to Code Section 46-2-23.1 or 46-4-154, intervenors who are granted party status pursuant to Code Section 46-2-59, as well as the gas company subject to the particular proceeding, shall have all discovery rights available under Chapter 11 of Title 9. (b) The commission, its agents and employees as directed by the commission, and intervenors and gas companies which are granted discovery rights under subsection (a) of this Code section are authorized to petition the Superior Court of Fulton County for all orders, injunctions, and subpoenas necessary to carry out the provisions of this Code section which would otherwise be authorized or necessary under Chapter 11 of Title 9; and the judges and clerks of the court are authorized to issue all such orders, injunctions, and subpoenas and to take all other actions necessary to carry out this Code section which would otherwise be authorized or necessary under Chapter 11 of Title 9.

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SECTION 4. Said title is further amended in Chapter 4, relating to the distribution, storage, and sale of gas, by adding following Article 4 a new Article 5 to read as follows: ARTICLE 5 46-4-150. This article shall be known and may be cited as the `Natural Gas Competition and Deregulation Act.' 46-4-151. (a) The General Assembly finds: (1) It is in the public interest to establish a new regulatory model for the natural gas industry in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of natural gas services at the most efficient pricing; and (2) In order to ensure the implementation of this new reliance on market based competition, any regulatory impediments, whether statutory or administrative, to competition for natural gas services must be removed in those areas of the natural gas industry where competition actually exists. (b) It is the intent of this article to: (1) Promote competition in the natural gas industry; (2) Protect the consumer during and after the transition to a competitive natural gas market; (3) Maintain and encourage safe and reliable natural gas service; (4) Deregulate those components of the natural gas industry subject to actual competition; (5) Continue to regulate those natural gas services subject to monopoly power; (6) Promote an orderly and expeditious transition of the natural gas industry toward fully developed competition; (7) Provide for rate-making methods which the General Assembly finds appropriate for the provision of natural gas services, including without limitation the use of straight fixed variable rate design, the recovery of certain stranded costs, and the use of alternative forms of rate regulation; and (8) Allow gas companies the opportunity to compete effectively in a competitive marketplace.

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46-4-152. As used in this article, the term: (1) `Adequate market conditions' means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of Code Section 46-4-156 to warrant customer assignment. (2) `Affiliate' means another person which controls, is controlled by, or is under common control with such person. (3) `Ancillary service' means a service that is ancillary to the receipt or delivery of natural gas, including without limitation storage, balancing, peaking, and customer services. (4) `Commodity sales service' means the sale of natural gas exclusive of any distribution or ancillary service. (5) `Control' includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. A voting interest of 25 percent or more is deemed to constitute control. The term control includes the terms controlling, controlled by, and under control with. (6) `Customer assignment' means the process described in subsection (e) of Code Section 46-4-156 whereby retail customers within a particular distribution group who are not under contract for distribution service from a marketer are randomly assigned to certificated marketers. (7) `Customer service' means a function related to serving a retail customer including without limitation billing, meter reading, turn-on service, and turn-off service. (8) `Delivery group' means a set of individual delivery points on one or more interstate pipeline suppliers to a gas company that may be aggregated and utilized for the distribution of gas to a particular set of retail customers. (9) `Distribution service' means the delivery of natural gas by and through the intrastate instrumentalities and facilities of a gas company or of a marketer certificated pursuant to Code Section 46-4-153, regardless of the party having title to the natural gas. (10) `Electing distribution company' means a gas company which elects to become subject to the provisions of this article and satisfies the requirements of Code Section 46-4-154. (11) `Firm' means a type of distribution service which ordinarily is not subject to interruption or curtailment.

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(12) `Interruptible' means a type of distribution service which is subject to interruption or curtailment. (13) `Marketer' means any person certificated by the commission to provide commodity sales service or distribution service pursuant to Code Section 46-4-153 or ancillary services incident thereto. (14) `Person' means any corporation, whether public or private; company; individual; firm; partnership; or association. (15) `Retail customer' or `retail purchaser' means a person who purchases commodity sales service or distribution service and such purchase is not for the purpose of resale. (16) `Straight fixed variable' means a rate form in which the fixed costs of providing distribution service are recovered through one or more fixed components and the variable costs are recovered through one or more variable components. (17) `Winter heating season' means the calendar days from October 1 of one year through March 31, inclusive, of the following year. 46-4-153. (a)(1) No person other than a gas company shall sell or offer to sell in intrastate commerce to any retail customer who receives primarily firm service within this state any commodity sales service or distribution service without first obtaining a certificate of authority from the commission covering the territory where such retail customer is located. (2) The commission shall have the authority to issue multiple certificates of authority with respect to a particular territory upon a showing that the applicant: (A) Possesses satisfactory financial and technical capability to render the certificated service; (B) Has a sufficient gas supply to meet the requirements of such service; and (C) Will offer such service pursuant to rules and contract terms which the commission finds economically viable for the territory which the marketer proposes to serve. (3) A showing of public convenience and necessity is not a condition for the issuance of a competing certificate of authority. (4) A certificate of authority shall authorize the marketer to use intrastate capacity available to it from a gas company to provide interruptible distribution service when not required by the marketer to provide firm distribution service.

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(b) A person who seeks a certificate of authority shall make an application to the commission which contains the information required by this Code section. (c)(1) No later than December 31, 1997, the commission shall promulgate regulations describing the information to be included in an application for certification under this Code section and the criteria it will use in determining an applicant's financial and technical capability. Such criteria shall seek to ensure the reliability and high quality of gas service provided to consumers, while imposing no unnecessary barriers to entry, including without limitation administrative barriers to entry. (2) No such application shall be filed with respect to territory covered by the certificate of public convenience and necessity of a gas company until such gas company has filed a notice of election pursuant to the provisions of subsection (a) of Code Section 46-4-154. (3) Until the expiration of 15 days following the effective date of rates approved by the commission pursuant to Code Section 46-4-154 for an electing distribution company, the commission shall not approve or disapprove any complete application for a certificate of authority covering territory certificated to such electing distribution company which application is filed prior to such expiration date, and all applications for certificates of authority filed prior to such expiration date shall be considered by the commission simultaneously. (4) Within 60 days following such expiration date, the commission shall conduct a public hearing or hearings on all complete applications filed prior to such expiration date. Within 90 days following such expiration date, the commission shall issue its orders approving or disapproving each of such applications for a certificate of authority. (5) The commission shall conduct a public hearing on any application for a certificate of authority filed subsequent to such expiration date within 60 days following the filing of such application; and within 90 days following such filing, the commission shall issue its order approving or disapproving such application. (d) Any certificate of authority issued by the commission is subject to revocation, suspension, or adjustment where the commission finds upon complaint and hearing that a marketer has failed repeatedly or has failed willfully to meet obligations to its retail customers which are imposed by this article, regulations issued pursuant to this article, or the marketer's certificate of authority; has engaged in unfair competition; or has abused its market position. (e) The commission may deny an application upon a showing that the applicant or anyone acting in concert with the applicant has a history of violations of laws, rules, or regulations designed to protect the public.

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The commission may revoke any certificate issued pursuant to this Code section where it finds that the marketer or anyone acting in concert with the marketer has such a history, that any information on the application was falsified or forged, that the marketer has acted unlawfully to the detriment of the public while certificated, or for any other good and valid reason where activities of the marketer are serving or could serve to mislead, deceive, or work a fraud upon members of the public. The commission shall be authorized to adopt rules and regulations to implement this subsection. In any case where it is asserted in good faith that the marketer is, has been, or may be about to become involved in activities described in this subsection, any deadline imposed under this Code section regarding the granting of certification shall be null and void until such time as such assertions can be addressed. 46-4-154. (a) A gas company may elect to become subject to the provisions of this article by filing a notice of election with the commission and by filing an application to establish just and reasonable rates, including separate rates for unbundled services. Pursuant to such application, the commission shall: (1) Maintain rates for interruptible distribution service at the levels set forth in the rate schedules approved by the commission and in effect on the day the gas company files a notice of election as provided for in this Code section; (2) Establish rates for firm distribution service using the straight fixed variable method of rate design, subject to the provisions of subsection (b) of this Code section; (3) Establish separate rates and charges, which may be based on market value, for each type of ancillary service which is classified separately; (4) Provide for the recovery in rates of those costs which the commission determines are prudently incurred and used and useful in providing utility service; and (5) Provide for recovery of costs found by the commission to be stranded and necessary to provide a reasonable return, provided that only prudently incurred stranded costs that cannot be mitigated may be recovered. (b) If the commission determines that inefficiencies in the rate design or other causes in existence immediately preceding the implementation of the straight fixed variable rate design will result in a material fluctuation of rates for firm distribution service to a group of retail customers upon implementation of straight fixed variable rate design, the commission may make such adjustments to the rates for firm

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distribution service as it deems appropriate to phase in the straight fixed variable rate design for firm distribution service: (1) Over a 12 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be less than 10 percent of the total gas charges for a group of retail customers; or (2) Over a 24 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be equal to or greater than 10 percent of the total gas charges for a group of retail customers. However, in no event shall any such adjustment be made if the adjustment results in cross-subsidization between retail customers receiving firm distribution service and retail customers receiving interruptible distribution service or if the adjustment reduces the revenues to the electing distribution company for firm distribution service below those that would be recovered by the electing distribution company under the straight fixed variable rate without such adjustment. (c) In any proceeding before the commission to establish rates as provided in subsection (a) of this Code section, the commission shall prescribe rates for the services and cost recovery purposes specified in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section at levels which are designed to recover the costs of service of the electing distribution company as established by the commission in such proceeding. In such proceeding, the commission shall also prescribe a mechanism by which 90 percent of the revenues to the electing distribution company from rates for interruptible distribution service shall be credited to the universal service fund established for that electing distribution company pursuant to Code Section 46-4-161. Each electing distribution company is authorized to retain for the benefit of its shareholders or owners 10 percent of the revenues the electing distribution company received from rates for interruptible service. Each electing distribution company which retains 10 percent of such revenues shall make a report to the commission annually describing the benefits resulting to firm retail customers from interruptible distribution service revenues. (d) In addition to any other applicable filing requirements, any such application by a gas company shall include the following: (1) An identification of each component of natural gas service, including but not limited to commodity sales service, distribution service, and ancillary services, which are to be unbundled and offered under separate rates, together with the total costs to provide each such service by the electing distribution company including a return on investment;

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(2) Provisions for offering each unbundled service on an equal access, nondiscriminatory basis; (3) A description of the method by which the electing distribution company proposes to allocate its intrastate capacity for firm distribution service to a marketer based upon the peak requirements of the firm retail customers served by the marketer; (4) A description of the method by which the electing distribution company proposes to allocate its rights to interstate pipeline and underground storage to a marketer based upon the peak requirements of the firm retail customers served by the marketer; and (5) A plan for establishing and operating an electronic bulletin board by which the electing distribution company will provide marketers with equal and timely access to information relevant to the availability of firm distribution service. (e) Notwithstanding any other provision of this title, the commission shall hold a hearing regarding an application filed pursuant to this Code section and may suspend the operation of the proposed schedules and defer the use of the proposed rates, charges, classifications, or services for a period of not longer than six months. 46-4-155. (a) Except as otherwise provided by this article, an electing distribution company which offers firm distribution service remains subject to the jurisdiction of the commission under this title. Without limiting the generality of the foregoing, the commission shall have general supervision of such company pursuant to Code Section 46-2-20, and the rates of an electing distribution company for firm distribution service and the ancillary services which are subject to the rate jurisdiction of the commission shall be established in accordance with the provisions of this article and Code Section 46-2-23.1. (b) An electing distribution company shall offer liquefied natural gas peaking service to marketers at rates and on terms approved by the commission, subject however to the following: (1) If a marketer which is not affiliated with an electing distribution company obtains a peaking service in a delivery group from a person other than the electing distribution company, the rate for liquefied natural gas peaking service by the electing distribution company in such delivery group shall not be subject to approval by the commission but shall be capped at 120 percent of the rate for such service previously established by the commission; and (2) If the commission determines pursuant to a filing by the electing distribution company or otherwise, and based upon the factors listed in subsection (c) of this Code section, that reasonably available

Page 810

alternatives for such peaking services exist in the delivery group, the rate for such services in a delivery group shall not be subject to regulation by the commission and the plant and equipment of the electing distribution company which is used and useful for receiving gas for liquefaction, liquefying gas, storing liquefied natural gas, and re-gasifying liquefied natural gas, including the land upon which such plant and equipment is located, shall be removed from the rate base for rate-making purposes of the electing distribution company in an amount which is the lower of the fair market value or the depreciated book value of such facilities. In addition, the rates for firm distribution service of the electing distribution company shall be adjusted to eliminate any applicable recovery of the operation and maintenance expenses associated with such facilities and gas in storage in such facilities, as well as the return on investment attributable to the amount removed from the rate base. For purposes of such review and determination, the fact that such services have been obtained by a marketer which is not affiliated with the electing distribution company shall create a presumption that there are reasonably available alternatives for such peaking services in the delivery group. (c) An electing distribution company shall offer each type of customer service to marketers at rates and on terms approved by the commission in accordance with this article and Code Section 46-2-23.1 until such time as the commission determines that marketers have reasonably available alternatives to purchasing such service from the electing distribution company. The commission shall make a separate determination for each type of service. In making such determinations, the commission shall consider the following factors: (1) The number and size of alternative providers of the service; (2) The extent to which the service is available from alternative providers in the relevant market; (3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (4) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of a service. (d) For each delivery group for which the commission has not determined pursuant to Code Section 46-4-156 that adequate market conditions exist, and thus has not initiated customer assignment, an electing distribution company shall: (1) Offer interruptible distribution service and balancing services at rates and on terms approved by the commission in accordance with the provisions of this article and Code Section 46-2-23.1 to retail

Page 811

customers and marketers, subject to the rules, regulations, and general terms and conditions of the electing distribution company as approved by the commission; (2) Offer firm distribution service at rates and on terms approved by the commission in accordance with the provisions of this article and Code Section 46-2-23.1 to retail customers and marketers, subject to the rules, regulations, and general terms and conditions of the electing distribution company as approved by the commission; and (3) Offer in conjunction with such firm distribution service a commodity sales service; provided, however, that the rates for such commodity sales service shall be established pursuant to the provisions of Code Section 46-2-26.5, relating to the filing and adoption of a gas supply plan; and provided, further, that the rates for such commodity sales service shall not be subject to the provisions of Code Section 46-2-26.5 nor subject to the approval of the commission if at least five marketers, excluding any marketer which is an affiliate of the electing distribution company, have been granted certificates of authority to serve in the delivery group. (e) (1) As used in this subsection, the term `interstate capacity assets' means interstate transportation and out-of-state gas storage capacity. (2) If, pursuant to the provisions of this article, the rates for commodity sales service of an electing distribution company within a delivery group or groups become no longer subject to the approval of the commission nor to the provisions of Code Section 46-2-26.5, the electing distribution company nevertheless shall continue to be responsible for acquiring and contracting for the interstate capacity assets necessary for gas to be made available on its system, whether directly or by assignment to marketers, for firm distribution service to retail customers within such delivery group or groups. (3) At least every third year following the date when the rates for commodity sales service within a delivery group or groups become no longer subject to commission approval nor to the provisions of Code Section 46-2-26.5, the electing distribution company shall file, on or before August 1 of such year, a capacity supply plan which designates the array of available interstate capacity assets selected by the electing distribution company for the purpose of making gas available on its system for firm distribution service to retail customers in such delivery group or groups. (4) Not less than ten days after any such filing by an electing distribution company, the commission shall conduct a public hearing on the filing. The electing distribution company's testimony shall be under oath and shall, with any corrections thereto, constitute the electing distribution company's affirmative case. At any hearing conducted pursuant to this subsection, the burden of proof to show

Page 812

that the proposed capacity supply plan is appropriate shall be upon the electing distribution company. (5) Following such a hearing, the commission shall issue an order approving the capacity supply plan filed by the electing distribution company or adopting a capacity supply plan for the electing distribution company that the commission deems appropriate. Should the commission fail or refuse to issue an order by the forty-fifth day after the electing distribution company's filing which either approves the capacity supply plan filed by the electing distribution company or adopts a different capacity supply plan for the electing distribution company, the capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (6) Any capacity supply plan approved or adopted by the commission shall: (A) Specify the range of the requirements to be supplied by interstate capacity assets; (B) Describe the array of interstate capacity assets selected by the electing distribution company to meet such requirements; (C) Describe the criteria of the electing distribution company for entering into contracts under such array of interstate capacity assets from time to time to meet such requirements; provided, however, that a capacity supply plan approved or adopted by the commission shall not prescribe the individual contracts to be executed by the electing distribution company in order to implement such plan; and (D) Specify the portion of the interstate capacity assets which must be retained and utilized by the electing distribution company in order to manage and operate its system. (7) When interstate capacity assets that are contained in a capacity supply plan approved or adopted by the commission are allocated by the electing distribution company to a marketer pursuant to the provisions of this article, all of the costs of the interstate capacity assets thus allocated shall be borne by such marketer. (8) The provisions of law relating to parties, intervention, and discovery in proceedings before the commission shall apply with respect to proceedings under this subsection. (9) All commission orders issued pursuant to this subsection 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.'

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(10) Prior to the approval or adoption of a capacity supply plan pursuant to this subsection, the interstate capacity assets of the electing distribution company in the most current gas supply plan of such company approved or adopted by the commission pursuant to the provisions of Code Section 46-2-26.5 shall be treated as a capacity supply plan that is approved or adopted by the commission for purposes of this subsection. (11) After a capacity supply plan has become effective pursuant to provisions of this subsection as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the purposes set forth in this subsection. Upon application of the affected electing distribution company or the consumers' utility counsel division of the Governor's Office of Consumer Affairs or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected electing distribution company and the intervenors in the proceeding, amend the capacity supply plan of the affected electing distribution company. Any such amendment shall not adversely affect rights under any contract entered into pursuant to such plan without the consent of the parties to such contracts. If an amendment proceeding is initiated by the affected electing distribution company and the commission fails or refuses to issue an order by the forty-fifth day after the electing distribution company's filing, the amended capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (12) After an electing distribution company has no obligation to provide commodity sales service to retail customers pursuant to the provisions of Code Section 46-4-156 and upon the petition of any interested person and after notice and opportunity for hearing afforded to the electing distribution company, all parties to the most current proceeding establishing a capacity supply plan for such electing distribution company, the consumers' utility counsel division of the Governor's Office of Consumer Affairs, and all marketers who have been issued a certificate of authority pursuant to Code Section 46-4-153, the commission may issue an order eliminating the responsibility of the electing distribution company for acquiring and contracting for interstate capacity assets necessary for gas to be made available on its system as well as the obligation of such electing distribution company to file any further capacity supply plans with the commission pursuant to the provisions of this subsection, if the commission determines that: (A) Marketers can and will secure adequate and reliable interstate capacity assets necessary to make gas available on the system of the electing distribution company for service to firm retail customers;

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(B) Adequate, reliable, and economical interstate capacity assets will not be diverted from use for service to retail customers in Georgia; (C) There is a competitive, highly flexible, and reasonably accessible market for interstate capacity assets for service to retail customers in Georgia; (D) Elimination of such responsibility on the part of the electing distribution company would not adversely affect competition for natural gas service to retail customers in Georgia; and (E) Elimination of such responsibility on the part of the electing distribution company is otherwise in the public interest. 46-4-156. (a) No later than December 31, 1997, the commission shall promulgate regulations which prescribe a methodology for the random assignment to each marketer certificated within a delivery group of each firm retail customer who has not contracted for distribution service from a marketer. This methodology shall further provide that the percentage of such firm retail customers assigned to a given marketer shall be based upon the percentage at the time of such assignment of all firm retail customers within the delivery group served by such marketer. (b) Any person may file a petition requesting that the commission determine that adequate market conditions exist for a particular delivery group. If the commission makes such a determination, the procedures that precede customer assignment shall begin. The commission shall enter a decision as to whether adequate market conditions exist within the earlier of 120 days after the close of the record in the proceeding on such petition or 180 days from the filing of such petition under this subsection. The commission shall determine that adequate market conditions exist within a specific delivery group as follows: (1) If the petition is filed before September 30, 2001, upon a showing that: (A) At least five marketers, excluding any marketer which is an affiliate of an electing distribution company, have been granted a certificate to serve within the delivery group and are actively marketing within the delivery group area; and (B) In the aggregate, no less than one-third of the peak day requirements for firm distribution service is served through marketers. In determining whether such percentage has been satisfied, marketers who are not affiliates of the electing distribution company must serve no less than 18 percent of the peak day requirements for firm distribution service in the delivery group; or

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(2) If the petition is filed on or after September 30, 2001, upon a showing that adequate market conditions exist based upon consideration of the following factors: (A) The number and size of alternative providers of the distribution service; (B) The extent to which the distribution service is available from alternative providers in the delivery group; (C) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive prices, terms, and conditions; and (D) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of a distribution service. (c) If the commission issues an order pursuant to subsection (b) of this Code section determining that adequate market conditions exist, it shall prescribe in such order the contents of notices to be furnished pursuant to the provisions of subsection (e) of this Code section. Subject to the provisions of subsection (d) of this Code section, on the one hundred twentieth day following the issuance of an order for a particular delivery group: (1) The rates and terms of service of an electing distribution company for interruptible distribution service and balancing service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; (2) The rates and terms of service for commodity sales service provided by an electing distribution company to retail purchasers of firm distribution service shall not be subject to approval by the commission, provided that all firm retail customers have contracted with or have been assigned to marketers as provided for in this Code section; and (3) Subject to subsection (d) of this Code section, an electing distribution company has no obligation to provide commodity sales service to retail customers. (d) If the one hundred twentieth day following the issuance of such order falls during a winter heating season, the provisions of subsection (c) of this Code section and customer assignment shall become effective on the day following the end of the winter heating season. (e) Within 45 days following the issuance of an order pursuant to subsection (b) of this Code section, and again within 80 days following such an order, an electing distribution company shall send a notice

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regarding the commission's order to each of its retail customers receiving firm distribution service or commodity sales service within such delivery group. Such notices shall inform the retail customer in plain language that: (1) The electing distribution company will not provide firm distribution service or commodity sales service to such customer, as of the date determined under subsection (c) or (d) of this Code section; (2) Such customer may contract with a marketer certificated under Code Section 46-4-153 to furnish such services; and (3) If the customer does not contract with a marketer within 100 days from the date of such order, the commission will assign, on a random basis, a marketer to furnish such services to said customer. (f) (1) If the commission issues an order pursuant to subsection (b) of this Code section before September 30, 2001, any affected party may petition the commission to stay the process of customer assignment. (2) Any such petition shall be filed with the commission no earlier than 80 days from the date of such order and no later than 105 days from the date of such order. (3) The commission shall hold an expedited hearing within 14 days of the filing of the petition. Within three days of the filing of said petition, the commission shall cause notice to be given of said hearing to the affected electing distribution company, all marketers certificated within the delivery group, and such other persons as the commission deems appropriate. (4) In any proceeding upon such a petition, the commission may stay the assignment process if it determines upon the basis of clear and convincing evidence introduced in support of the petition that, notwithstanding the adequacy of the showing under the provisions of subparagraphs (b) (1) (A) and (b) (1) (B) of this Code section, the market will not be competitive and the prices for distribution service to residential customers will not be constrained by market forces and will be significantly higher than such prices would be if they were constrained by market forces. (5) The commission shall render a decision in any such proceeding within the earlier of ten days after the close of the record in the proceeding on such petition or 30 days from the filing of such petition under this subsection. (g) At any time that the electing distribution company determines that any deadline or the expiration of any time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emergence of effective competition, or upon the public interest, it may petition the commission to

Page 817

extend such deadline or period for a time certain. If the commission finds that strict enforcement of any deadline or time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emergence of effective competition, or upon the public interest, it may extend such deadline or period for any period of time up to or equal to the time extension requested in the petition. 46-4-157. If, in an expedited hearing: (1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for natural gas paid by retail customers in such delivery group are not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces; or (2) The commission determines for a specific delivery group, as to which the commission has not issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices charged by an electing distribution company to residential customers for commodity sales services, which prices have not been approved by the commission pursuant to Code Section 46-2-26.5, are generally not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces, then the commission, on an emergency basis, may by order temporarily impose such directives on gas companies subject to its jurisdiction as are required to protect the interests of retail customers in such delivery group including but not limited to price regulations and the imposition upon the electing distribution company of the obligation to serve retail customers in such delivery group under the same or similar conditions to those under which such customers were served prior to customer assignment in such delivery group. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. In its order the commission shall provide for recovery of all costs reasonably incurred by the electing distribution company in complying with the directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. No such directive shall impose any condition upon the electing distribution company which unreasonably burdens the company. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. The provisions of this Code section shall not apply to a delivery group for which customer assignment

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occurred more than four years prior to the date of notice of the expedited hearing. 46-4-158. (a) An electing distribution company which provides firm distribution service under this article must: (1) Offer an allocation of such distribution service to marketers separately from any commodity sales service or other service; (2) Provide such allocation of such distribution service to marketers without undue discrimination or preference, including undue discrimination or preference in the quality of service provided, the duration of service, the categories, prices, or volumes of natural gas to be distributed, customer classification, or other undue discrimination or preference of any kind; and (3) Provide all marketers with equal and timely access to information relevant to the availability of such service, including without limitation the availability of capacity at delivery points, through the use of an electronic bulletin board. (b) An electing distribution company may impose reasonable operational conditions on any firm distribution service provided to marketers under this article. Such conditions must be filed by the electing firm distribution company as part of its firm distribution tariff. (c) An electing distribution company which allocates firm distribution service to marketers under this article is not required to provide any requested firm distribution service for which capacity is not available or that would require the construction or acquisition of any new facilities. 46-4-159. (a) As used in this Code section and notwithstanding any other provision of this article, the term: (1) `Control' includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. The term control includes the terms controlling, controlled by, and under control with. (2) `Electing distribution company' includes any agent of or consultant to the electing distribution company. (3) `Marketer' means any person who engages in selling gas: (A) To retail customers connected to the facilities of an electing distribution company; or

Page 819

(B) To other marketers for resale to such customers; provided, however, that the term marketer shall not mean a person who only makes sales beyond the electing distribution company's system to other marketers for resale when the transportation capacity for the distribution of the gas to the electing distribution company's system is obtained from a person or entity which is not an affiliate of the electing distribution company. (b) An electing distribution company must conduct its business to conform to the following standards, which are intended to prevent any advantage or disadvantage accruing to a marketer, including a marketer which is an affiliate of the electing distribution company, in relation to other marketers and their customers and which standards shall be applied to accomplish this intent: (1) An electing distribution company must apply the terms and conditions of its tariff and other tariff provisions related to the distribution of gas in the same manner to all marketers and to all customers without respect to their supplier; (2) An electing distribution company must process all similar requests for service in the same manner to all marketers in a reasonably similar time period; (3) An electing distribution company may not, through tariff or otherwise, give any marketer or its customers preference over any other marketer or similarly situated customers in matters relating to the movement or delivery of gas on its distribution facilities or the administration of contracts, including scheduling, nomination, balancing, metering, storage, standby service, curtailment policy, and billing and invoice questions and disputes; (4) An electing distribution company shall apply the same tariff provisions relating to discounts, rebates, fee waivers, or penalty waivers to all similarly situated customers without respect to their marketer. Any discretionary right under a tariff provision shall be applied by the electing distribution company impartially to all similarly situated customers without respect to their marketer. Where not subject to tariff provisions, an electing distribution company must contemporaneously offer the same discounts, rebates, fee waivers, or penalty waivers to all similarly situated customers without respect to their marketer and effectuate such contemporaneous offers by making an appropriate posting on the general alert screen of its electronic bulletin board; (5) An electing distribution company must not give preference to any marketer in the scheduling or allocation of capacity at a city gate station; (6) An electing distribution company must not directly or indirectly give any marketer any form of preference over any other marketer in

Page 820

matters relating to allocation, assignment, release, or other transfer of the electing distribution company's capacity rights on interstate pipeline systems or in the sale of gas; (7) Neither the electing distribution company nor any marketer which is an affiliate of the company nor any other marketer may represent that any advantage accrues to customers or others in the use of electing distribution company services as a result of that customer or others dealing with the marketer. Also, joint promotions between the electing distribution company and any marketer, such as inclusion of fliers for the marketer in utility bills, are prohibited unless such promotions are offered to all other marketers under the same terms and conditions; (8) The electing distribution company must not preferentially provide sales leads to any marketer and must refrain from giving any appearance that the electing distribution company speaks on behalf of a marketer that is an affiliate of the company. If a customer requests information about marketers, to the extent the electing distribution company responds to the request, the electing distribution company should provide a list of all marketers on its system but shall not express any preferential recommendation for a marketer that is an affiliate of the company or for any other marketer; (9) Joint solicitation calls on end users by personnel of the electing distribution company and any marketer are forbidden; however, joint meetings will be scheduled at a mutually agreeable time and location if specifically requested in writing by the customer; (10) An electing distribution company must contemporaneously disclose information provided to any marketer related to the marketing or sale of natural gas to customers or identified potential customers or related to the delivery of natural gas to or on its system to all marketers on the system. The electing distribution company's disclosure of such information must be effectuated by posting the information on the general alert screen of its electronic bulletin board. However, an electing distribution company may, when requested in writing to do so by a customer of a marketer, disclose confidential information relating to the customer only to said marketer. Notwithstanding any other provisions of this paragraph, an electing distribution company may respond to general inquiries from marketers, customers, identified potential customers, or other third parties regarding general information including the company's terms and conditions, tariff provisions, location and description of facilities, or other similar information as required in the normal course of business by responding only to the requesting party; (11) An electing distribution company may not knowingly disclose to any marketer any confidential information obtained in connection

Page 821

with providing distribution or related services to any other marketer or customer, a potential marketer or customer, any agent of such customer or potential marketer, or a marketer; (12) Employees of the electing distribution company having direct responsibility for the day-to-day operations of the electing distribution company's operations, including without limitation employees involved in: (A) Receiving distribution service requests or sales requests from retail customers; (B) Scheduling gas deliveries on the electing distribution company's system; (C) Making gas scheduling or allocation decisions; (D) Purchasing gas or capacity; or (E) Selling gas to retail customers shall not be shared with, shall be physically separated from, and must function independently of a marketer which is an affiliate of the company; (13) An electing distribution company must file with the commission procedures that will enable marketers and the commission to determine how the electing distribution company is complying with the standards set forth in this Code section; and (14) An electing distribution company must maintain its books of account and records separately from those of a marketer which is an affiliate of the company. (c) An electing distribution company must respond in writing within ten days to any informal complaint which is submitted in writing to the company and which relates to compliance with the standards set forth in this Code section. 46-4-160. (a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to: (1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality; and (4) Resolve complaints against a marketer regarding that marketer's service.

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(b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales. (c) A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketer's certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketer's certificate of authority and upon terms that will provide the marketer with just and adequate compensation. The price at which a marketer sells gas shall not be fixed by the commission. (d) The commission and the consumers' utility counsel division of the Governor's Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer. (g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975,' shall apply to a marketer. 46-4-161. (a) The commission shall create for each electing distribution company a universal service fund for the purpose of: (1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; and (2) Enabling the electing distribution company to expand its facilities and service in the public interest. (b) The fund shall be administered by the commission under rules to be promulgated by the commission in accordance with the provisions of this Code section. Prior to the beginning of each fiscal year of the electing distribution company, the commission shall determine the amount of the fund appropriate for such fiscal year. In making such determination, the commission shall consider the following:

Page 823

(1) The amount required to provide appropriate compensation to marketers with respect to uncollectable accounts arising from commodity sales to firm retail customers; and (2) The amount required to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities from time to time as the commission deems to be in the public interest. (c) The fund shall be created and maintained from time to time from the following sources: (1) Rate refunds to the electing distribution company from its interstate pipeline suppliers; (2) Any earnings allocable to ratepayers under performance based rates of the electing distribution company authorized by this article; (3) A surcharge to the rates for firm distribution service of the electing distribution company authorized for such purpose by the commission from time to time; and (4) Any other payments to the fund provided by law. (d) Any amounts remaining in such fund at the end of a fiscal year shall be available for refund to retail customers in such manner as the commission shall deem equitable. The balance at fiscal year end, whether positive or negative, after such refund, if any, shall become the initial balance of the fund for the ensuing fiscal year and shall be considered by the commission in making the determination required in subsection (b) of this Code section. (e) Moneys in the fund shall be deposited in a separate, interest-bearing escrow account maintained by the electing distribution company at any state or federally chartered bank, trust company, or savings and loan association located in this state. Upon application to the commission, the commission shall order the distribution of an appropriate portion of such moneys on a quarterly basis and in accordance with the provisions of this Code section. Interest earned on moneys in the fund shall accrue to the benefit of the fund. (f) In determining whether to grant the application of a marketer for a distribution from the fund in whole or in part, the commission shall consider: (1) The expenditures reasonably required for commodity sales by a marketer within the relevant territory based upon the cost of gas as established by published cost indexes, the transportation charges of the interstate pipeline involved, and the rates for firm distribution service of the electing distribution company. The commission shall also consider the actual costs incurred to serve the customers and

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revenues available to the marketer from sales within the affected territory available to provide a fair return to the marketer; (2) Whether the marketer pursued reasonable diligence in seeking to recover the uncollectable accounts; and (3) The reduction to the total amount of the uncollectable accounts appropriate to assure that marketers pursue reasonable diligence in their collection efforts. (g)(1) In determining whether to grant the application of an electing distribution company for a distribution from the fund in whole or in part, the commission shall consider: (A) The capital budget of the electing distribution company for the relevant fiscal year; (B) The estimated total overall applicable cost of the proposed extension, including construction costs, financing costs, working capital requirements, and engineering and contracting fees, as well as all other costs that are necessary and reasonable; (C) The projected initial service date of the new facilities, the estimated revenues to the electing distribution company during the first five fiscal years following the initial service date, and the estimated rate of return to the electing distribution company produced by such revenues during each such fiscal year; (D) The amount of the contribution in aid of construction required for the revenues from the proposed new facility to produce a just and reasonable return to the electing distribution company; and (E) Whether the proposed new facility is in the public interest. (2) In no event shall the distribution to an electing distribution company from the fund for facilities and service expansion during any fiscal year exceed 5 percent of the capital budget of such company for such fiscal year. (3) Any investment in new facilities financed from the universal service fund shall be accounted for as a contribution in aid of construction. 46-4-162. Nothing in this article shall be construed to prohibit the commission from approving, upon application by a gas company, pilot programs which allow increased customer choice on such gas company's distribution system but which are not otherwise subject to the provisions of this article.

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46-4-163. Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this article. 46-4-164. Nothing in this article shall be deemed to apply or impose requirements not otherwise existing on gas distribution companies owned by any county, municipality, other political subdivision, or governmental authority of this state; nor are the provisions of this article intended to increase or decrease the authority and jurisdiction of the commission with respect to the distribution, sale, or transportation of gas by any county, municipality, other political subdivision, or governmental authority of this state. Nothing in this article shall be construed to limit or otherwise affect the existing powers of municipal corporations or other political subdivisions of this state relating to the granting of franchises or the levying or imposition of taxes, fees, or charges. 46-4-165. The commission shall report to the General Assembly annually through the year 2002 on the status of the transition to competitive markets for natural gas services in Georgia. 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 14, 1997. PROPERTY REAL ESTATE BROKERAGE COMMISSIONS. Code Section 44-7-21 Enacted. No. 293 (House Bill No. 255). AN ACT To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant relationship, so as to provide for the effect of written real estate brokerage commission agreements; to provide for the protection of contractual rights of real estate brokers to receive compensation subsequent to the conveyance or other transfer of real property or of a leasehold interest in specified circumstances; to provide for notices of commission rights and their contents, filing, and the effect of such filing; to provide for waiver and release of commission rights; to provide for applicability; to provide for practices, procedures, and requirements; 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 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant relationship, is amended by adding at the end thereof a new Code Section 44-7-21 to read as follows: 44-7-21. (a) Where a landlord or tenant has entered into a written brokerage commission agreement for the payment of compensation or promise of payment to a real estate broker in consideration of brokerage services rendered in connection with the consummation of a lease, then, notwithstanding any rule or construction of law under which such written brokerage commission agreement might otherwise be considered the personal obligation of the original landlord or tenant specifically named in the lease, such written brokerage commission agreement shall, pursuant to the terms of this Code section, constitute a binding contractual obligation of such landlord or tenant, as the case may be, and of their respective grantees, successors, and assigns. Upon any sale, transfer, assignment, or other disposition, including, without limitation, by reason of the enforcement of any mortgage, lien, deed to secure debt, or other security instrument, of a landlord's interest in real property or upon any sale, assignment, transfer, or other disposition of a tenant's leasehold interest, the succeeding party shall be bound for all obligations occurring after the sale, transfer, assignment, or other disposition with the same effect as if such succeeding party had expressly assumed the landlord's or tenant's obligations relating to the written brokerage commission agreement if: (1) A written brokerage commission agreement is incorporated into the lease; (2) The real estate broker has complied with subsection (b) of this Code section; (3) The succeeding party assumes the benefits of the tenancy, rental amount, and term of the lease; and (4) The written brokerage commission agreement has not been waived in writing by the broker. The conveyance or transfer of the real property coupled with the continuing assumption of the tenancy, rental amount, and term of said

Page 827

lease shall constitute conclusive evidence of the succeeding landlord's or tenant's agreement to pay such periodic commission payments under the written brokerage commission agreement. (b) A real estate broker shall be entitled to the protections afforded by this Code section only upon the broker's recording a notice of commission rights in the deed records in the office of the clerk of the superior court in the county in which the real property or leasehold interest is located within 30 days of the execution of the lease incorporating the written brokerage commission agreement. Said notice of commission rights must be filed before conveyance of the real property, must be signed by the broker or by a person expressly authorized to sign on behalf of the broker, and must follow substantially the following form: `NOTICE OF COMMISSION RIGHTS The undersigned licensed Georgia real estate broker does hereby publish this NOTICE OF COMMISSION RIGHTS pursuant to Code Section 44-7-21 of the Official Code of Georgia Annotated to establish that the lease set forth below contains a written brokerage commission agreement providing for the payment or promise of payment of compensation for brokerage services. Owner Landlord Tenant Lease date Lease term Project name or building Legal Description: All that tract or parcel of land lying and being in the State of Georgia, County of __________, being more particularly described on Exhibit `A' attached hereto and made a part hereof. (A full and complete legal description is required for this form to be valid.) Given under hand and seal this _____ day of _____, 19_____.

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Signed, sealed, and delivered in the presence of: __________ Unofficial Witness __________ Notary Public (Notary Seal Attached) Broker: __________(Seal) Name: __________ __________ Georgia Real Estate License No. (c) The real estate broker must file a release of commission rights within 30 days of receipt of the final payment of commissions due under the written brokerage commission agreement. (d) This Code section shall only apply to leaseholds of all or a portion of commercial real estate as that term is defined in Code Section 44-14-601 which are entered into on or after July 1, 1997. (e) Notwithstanding any provision of this Code section to the contrary, this Code section does not create an interest in the real property which is the subject of the lease. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. COURTS JUVENILE LAW ENFORCEMENT RECORDS; MAINTENANCE AND REPORTING OF RECORDS INVOLVING CERTAIN OFFENSES. Code Section 15-11-59 Amended. No. 294 (House Bill No. 506). AN ACT To amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving offenses under the exclusive jurisdiction of the superior court shall be kept and reported in the same manner as the law enforcement records of adults; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 829

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, is amended by inserting a new subsection to be designated subsection (e) to read as follows: (e) Any law enforcement records and files involving an offense over which the superior court shall have exclusive jurisdiction as provided in paragraph (2) of subsection (b) of Code Section 15-11-5 shall be kept and reported in the same manner as the records and files of adults. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROPERTY MECHANICS AND MATERIALMEN LIENS; EFFECT OF CERTAIN CONTRACTUAL PROVISIONS ON ENFORCEMENT OF LIEN AGAINST IMPROVED PROPERTY. Code Section 44-14-361.1 Amended. No. 295 (House Bill No. 298). AN ACT To amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and created, so as to provide that with respect to a contract for the procurement of material, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure, if the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor; to repeal conflicting laws; and for other purposes.

Page 830

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and created, is amended by striking paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him or her, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his

Page 831

or her attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY; STATE-WIDE RESERVE RATIO; CONTRIBUTION RATES; WEEKLY BENEFIT AMOUNT DETERMINATION. Code Sections 34-8-156 and 34-8-193 Amended. No. 296 (House Bill No. 460). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, so as to change the provisions relating to the State-wide Reserve Ratio; to provide that for any calendar year with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, contribution rates shall be reduced for the succeeding calendar year by a certain percentage; to provide a formula for the calculation of such percentage; to provide that contribution rates shall not be reduced below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts; to provide that the reduction in contribution rates shall be valid for the succeeding calendar year only; to provide that accounts which are not eligible for a computed contribution rate shall not receive such reduction in rates; to change the provisions relating to determination of the weekly benefit amount of an individual's claim; 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 subsections (d)

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and (e) of Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following: (d)(1) For the period on or after January 1, 1997, but prior to January 1, 1998: (A) When the State-wide Reserve Ratio, as computed above, is 3.0 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.0 percent 3.6 percent 25 percent 3.6 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.6 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 1.8 percent 2.6 percent 25 percent Under 1.8 percent 50 percent (2) For the period on or after January 1, 1998: (A) When the State-wide Reserve Ratio, as computed above, is 2.4 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent (B) When the State-wide Reserve Ratio, as calculated above, is less than 2.1 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed

Page 833

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 1.8 percent 2.1 percent 25 percent Under 1.8 percent 50 percent (e) For any calendar year with respect to which the State-wide Reserve Ratio shall equal or exceed 2.1 percent, as computed pursuant to the provisions of this Code section, contribution rates shall be reduced for the succeeding calendar year by a percentage which shall be computed in the following manner: (1) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.1 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28; (2) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and (3) Accounts which are not eligible for a computed contribution rate as provided in Code Section 34-8-152 shall not receive the reduction in rates. (f) 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 2. Said chapter is further amended by striking subsection (b) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit

Page 834

amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1, 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individual's weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00. SECTION 3. Said chapter is further amended by striking subsections (a) and (c) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 48. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 24. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00; (3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00; (4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00; (5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00; (6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; (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;

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(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; (9) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (10) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; and (11) For claims filed on or after July 1, 1997, the maximum weekly benefit amount shall not exceed $224.00. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. PROFESSIONS AND BUSINESSES WATER SYSTEM OPERATORS; EDUCATION REQUIREMENTS. Code Section 43-51-6.1 Amended. No. 297 (House Bill No. 345). AN ACT To amend Code Section 43-51-6.1 of the Official Code of Georgia Annotated, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-51-6.1 of the Official Code of Georgia Annotated, relating to the establishment of a Class IV classification of water system operators, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (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. No person being certified prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent.

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SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. FOOD, DRUGS, AND COSMETIC FOOD PREPARERS; HAIR NETS REQUIRED. Code Section 26-2-373.1 Enacted. No. 298 (House Bill No. 474). AN ACT To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to require hair nets or restraints for certain persons who prepare food in food service establishments; to provide for civil penalties and notifications; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding immediately following Code Section 26-2-373, relating to sanitation standards for food service establishments, a new Code section to read as follows: 26-2-373.1. (a) A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food. (b) Notwithstanding the provisions of Code Section 26-2-377, any person who violates subsection (a) of this Code section shall be subject to a civil penalty as follows: (1) For a first offense, neither fine nor punishment, but only a warning; and (2) For a second or subsequent offense, a civil penalty not to exceed $50.00.

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(c) The county board of health or its representative which issues food service establishment permits under this article shall be authorized to impose the penalties authorized under subsection (b) of this Code section and shall provide the permit holder with notice of any violation of subsection (a) of this Code section. (d) Hair nets shall not be required of food preparers when the preparer is a volunteer without payment for his/her services and the food is being prepared for a religious, educational, charitable, or non-profit corporation. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997. TORTS PUNITIVE DAMAGES; NO LIMITATION IN CERTAIN CASES INVOLVING INFLUENCE OF INTOXICANTS OR TOXIC AGENTS. Code Section 51-12-5.1 Amended. No. 299 (House Bill No. 572). AN ACT To amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, so as to provide for removing the limitation on punitive damages for tort cases involving the influence of intoxicating or toxic agents on the defendant; to eliminate a provision relating to liability of third parties as joint tortfeasors; 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. Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, is amended by striking in its entirety Code Section 51-12-5.1, relating to punitive damages, and substituting in lieu thereof the following: 51-12-5.1. (a) As used in this Code section, the term `punitive damages' is synonymous with the terms `vindictive damages,' `exemplary damages,'

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and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant. (b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. (c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant. (d)(1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings. (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable. (e)(1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission. (2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of Treasury and Fiscal Services. Upon issuance of judgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the state's proportional share of punitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Office of Treasury and Fiscal Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the

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state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph. (f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgement is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tortfeasor but such damages shall not be the liability of any defendant other than an active tortfeasor. (g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00. (h) This Code section shall apply only to causes of action arising on or after the effective date of this subsection. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor 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, 1997. CONSERVATION AND NATURAL RESOURCES STONE MOUNTAIN PARK; MASTER PLAN; NATURAL DISTRICT; USE; LIMITATIONS; PROPOSED CHANGES. Code Section 12-3-194.2 Amended. No. 300 (Senate Bill No. 146). AN ACT To amend Code Section 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, so as to provide for limitations on the use of property in the natural district; to provide for conditions and procedures with respect to proposed changes in use; 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 12-3-194.2 of the Official Code of Georgia Annotated, relating to adherence to the master plan of Stone Mountain Park by the Stone Mountain Memorial Association, is amended by striking subsection (b) and inserting in its place new subsections (b) and (c) as follows: (b) Except as otherwise provided in subsection (c) of this Code section, the association may, from time to time, amend the master plan but only in compliance with the following procedure: (1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association; (2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the association shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications of the association; (3) The association shall transmit three copies of the summary provided for in paragraph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house 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 summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations provided in this paragraph a notice of the assignment to the chairperson of the appropriate standing committee; (4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the association adopts the proposed amendment over the objection, the amendment may be

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considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amendment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval; (5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernible on the ground by members of the public; (6) A public hearing shall be held no earlier than 15 days after the most recent publication of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and (7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection. (c)(1) The properties designated as the natural district on the master plan, as it exists on the effective date of this subsection, shall be held by the association in trust for the benefit of the present and future generations of the people of the State of Georgia. The natural district shall be put to the designated use or uses which are shown within the

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master plan as it exists on the effective date of this subsection, which use or uses are found to confer the best and most important benefit to the public. The natural district shall not be put to any uses other than those shown on the master plan except pursuant to the following procedures: (A) If the association determines that there may exist an imperative and unavoidable necessity for a use of the natural district other than those uses identified in the master plan, the association shall hold a public hearing thereon in either DeKalb County or Gwinnett County; (B) The association shall consider fully all testimony relative to the proposed use of the natural district and submit a recommendation to the General Assembly; and (C) The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other use of the natural district. (2) Neither the designation of a piece of property as a part of the natural district nor any action taken by the association pursuant to this Code section shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its inclusion within the natural district. (3) Notwithstanding any other provision of this Code section to the contrary, the association shall: (A) Consider in all of its decisions regarding changes to, and implementation of, the master plan the effect of such change or implementation upon the rare plant known as the rock aster, Aster Avitus, growing within Stone Mountain Park; and (B) Maintain the services of a qualified naturalist to assure that rare and endangered plants within Stone Mountain Park, whether growing inside or outside of the natural areas, are protected. SECTION 2. This Act shall become effective upon its approval by the Governor 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, 1997.

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INSURANCE INVESTMENTS OF INSURERS; FOREIGN GOVERNMENTAL BONDS AND SECURITIES. Code Section 33-11-12.1 Enacted. No. 301 (House Bill No. 355). AN ACT To amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to provide for authorized investments in certain foreign governmental bonds and other securities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, is amended by adding a new Code Section 33-11-12.1 to read as follows: 33-11-12.1. Subject to the restrictions and limitations provided in this title, an insurer may invest in bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as investment grade by the Securities Valuation Office of the National Association of Insurance Commissioners (NAIC) or as investment grade by a securities rating organization accepted by the NAIC. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1997.

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PUBLIC OFFICERS AND EMPLOYEES STATE PERSONNEL BOARD; DUTIES AND FUNCTIONS; ADVERSE ACTION PROCEDURES; PROCEDURES FOR HEARINGS AND APPEALS; ACCESS TO CHILD ABUSE RECORDS; HEARINGS UNDER OFFICE OF STATE ADMINISTRATIVE HEARINGS; ADMINISTRATIVE LAW JUDGES. Code Sections 45-20-3, 45-20-8, and 45-20-9 Amended. Code Section 49-5-41 Amended. Code Sections 50-13-42 and 50-13-44 Amended. No. 302 (Senate Bill No. 33). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, so as to change certain duties and functions of the State Personnel Board; to change certain provisions regarding procedures for adverse action against certain employees; to change certain provisions regarding procedures for certain hearings and appeals; to provide for powers, duties, and authority of administrative law judges with respect to the foregoing; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to certain child abuse and deprivation records, so as to provide for access in the event of certain findings by an administrative law judge; to amend Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of State Administrative Hearings, so as to make such provisions applicable to certain additional hearings and procedures; to provide for administrative transfer of certain personnel, equipment, and property; 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 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, is amended by striking paragraph (4) of subsection (b) of Code Section 45-20-3, relating to duties and functions of the State Personnel Board generally, and inserting in its place a new paragraph (4) to read as follows: (4) Where the board deems a review appropriate, to ensure that a review is afforded on dismissals, other adverse personnel actions defined by the rules and regulations of the State Personnel Board, and other purported violations of the rules and regulations in the several

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departments which are included in the civil service as well as in other matters under the board's jurisdiction. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies;. SECTION 2. Said article is further amended by striking Code Section 45-20-8, relating to adverse action procedures, and inserting in its place a new Code Section 45-20-8 to read as follows: 45-20-8. (a) Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board. (b) This article is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. The procedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compensation or employment status shall include, as a minimum, that the appointing authority must provide the permanent status employee with reasons for the action and an opportunity to file an appeal and request a hearing which may be held before either the board or an administrative law judge; provided, however, that the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board. (c) No adverse action appealed to the State Personnel Board under the rules and regulations of the board, this article, or otherwise shall be considered invalid for failure to follow or comply with the rules and regulations of the board, this article, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure. (d) The decision of the board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be binding upon the appointing authority. The board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the board shall not limit the rights of the

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employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal. (e) For purposes of this Code section and Code Section 45-20-9, administrative law judges appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50 are authorized to hold hearings and otherwise assist the State Personnel Board in the resolution of appeals. SECTION 3. Said article is further amended by striking Code Section 45-20-9, relating to procedures for certain hearings and appeals, and inserting in its place a new Code Section 45-20-9 to read as follows: 45-20-9. (a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations in the several departments which are included in the career service shall be instituted by filing a written appeal with the State Personnel Board upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the board. The party appealing to the board and the department from whose action the appeal is taken shall be notified in writing within seven days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. (b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations in the several departments which are included in the career service: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the administrative law judge. (c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or

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an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced. (d) With respect to all hearings before the board or the administrative law judge: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the administrative law judge or board, parties shall be given an opportunity to compare the copy with the original; (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; (4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. (e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial decision was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall

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become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished. (2) On review of the entire record from the administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to the administrative law judge for such purpose. (f) Unless precluded by law, informal disposition of any proceeding before the board or the administrative law judge may be made by stipulation, agreed settlement, consent order, or default. (g) As a part of the initial decision or order subsequent to any hearing, the administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record. (h) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all administrative remedies available before the board and who is aggrieved by a final decision or order of the board on any hearing may seek judicial review of the final decision or order of the board in the superior court of the county of the place of employment of the employee. (i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the board, and the grounds upon which the petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court. (j) Within 30 days after the service of the petition or within further time allowed by the court, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipulate to limit the

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record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. (k) The filing of the petition shall stay the enforcement of the board's decision or order. (l) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board, the court may order that the additional evidence be taken before the board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court. (m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board or remand the case for further proceedings. The court may reverse the decision or order of the board if substantial rights of the petitioner have been prejudiced because the board's findings, inferences, conclusions, decisions, or orders are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the board; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5. SECTION 4. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to certain child abuse and deprivation records, is amended by striking paragraph (7) of subsection (a) and inserting in its place a new paragraph (7) to read as follows: (7) The State Personnel Board, by administrative subpoena, upon a finding by an administrative law judge appointed by the chief state

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administrative law judge pursuant to Article 2 of Chapter 13 of Title 50, that access to such records may be necessary for a determination of an issue involving departmental personnel and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record;. SECTION 5. Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of State Administrative Hearings, is amended by striking Code Section 50-13-42, relating to applicability, and inserting in its place a new Code Section 50-13-42 to read as follows: 50-13-42. (a) 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. (b) This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (e) of Code Section 50-13-41. SECTION 6. Said article is further amended by adding a new subsection at the end of Code Section 50-13-44, relating to administrative transfer of certain persons to the Office of State Administrative Hearings, to be designated subsection (e) to read as follows: (e)(1) Any full-time hearing officer of the State Personnel Board used exclusively or principally to conduct or preside over hearings for such board immediately prior to July 1, 1997, 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, 1997, as an independent hearing officer under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of

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July 1, 1997, and shall continue as a special assistant administrative law judge. All full-time staff of the State Personnel Board who have exclusively or principally served as support staff for administrative hearings conducted by such hearing officers shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1997. All equipment or other tangible property in possession of the State Personnel Board which is used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of State Administrative Hearings as of July 1, 1997. (2) Funding for functions and positions transferred to the Office of State Administrative Hearings under this subsection shall be transferred as provided for in Code Section 45-12-90. SECTION 7. This Act shall become effective on July 1, 1997. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PENAL INSTITUTIONS DEPARTMENT OF CORRECTIONS RECORDS; ADMISSION OF RECORDS INTO EVIDENCE; PENAL LABOR USE BY PRIVATE OPERATOR OF STATE PRISON. Code Section 24-7-27 Amended. Code Sections 42-5-36 and 42-5-60 Amended. No. 303 (Senate Bill No. 48). AN ACT To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for certification by the Department of Corrections of copies or compilations of the computerized records of the department; to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, care, and control of inmates as authorized by Code Section 42-2-8 may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections; to provide that agreements made pursuant to Code Section 42-2-8 for the land acquisition, of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the same; to amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of public records, so as to provide that certified records of the Department of Corrections shall be admissible in civil or criminal proceedings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, is amended by adding a new subsection (d) to Code Section 42-5-36, relating to the classified nature of inmate files, to read as follows: (d) The commissioner shall designate members of the department to be the official custodians of the records of the department. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. Subject to the provisions of this Code section, in response to a subpoena or upon the request of any appropriate government or judicial official, the department may provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his or her duly authorized representative. SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 42-5-60, relating to the hiring out of inmates and the sale of products produced by inmates, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall provide rules and regulations governing the hiring out of inmates by any penal institution under its authority to municipalities, cities, the Department of Transportation, and any other political subdivision, public authority, public corporation, agency, or state or local government, which entities are authorized by this subsection to contract for and receive the inmates. Such inmates shall not be hired out to private persons or corporations, nor shall any instrumentality of government authorized by this subsection to utilize penal labor use such labor in any business conducted for profit, except as provided in Code Section 42-5-59; provided, however, inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the department may repair or otherwise utilize any privately owned property or equipment as well as any other property or equipment in connection with the activities of any such training program, so long as the repair or utilization contributes to the inmate's acquisition of any

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desired vocational, technical, or educational skills. Notwithstanding any other provisions of this subsection, any private person, organization, or corporation with whom the commissioner has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, care, and control of inmates as authorized by Code Section 42-2-8 may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the board. Agreements made pursuant to Code Section 42-2-8 for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the same. SECTION 3. Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of public records, is amended by adding a new Code Section 24-7-27 to read as follows: 24-7-27. Records of the Department of Corrections, or authenticated copies thereof, when certified in accordance with the terms of subsection (d) of Code Section 42-5-36, shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof. 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 21, 1997. PUBLIC OFFICERS AND EMPLOYEES STATE PERSONNEL ADMINISTRATION; REDUCTION IN FORCE; NOTICES. Code Section 45-20-19 Enacted. No. 304 (Senate Bill No. 59). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to provide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force; to provide that each affected employee must be given notice of his or her rights and options with respect to certain matters; to provide for the contents of such notice; to require certain notice to the President of the Senate and the Speaker of the House prior to such notice to employees; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, is amended by adding at its end a new Code Section 45-20-19 to read as follows: 45-20-19. (a) This subsection shall apply whenever any department or agency proposes to eliminate one or more classified positions or terminate the employment of one or more classified employees through a reduction in force under state personnel board rules. No position elimination or employment termination subject to this subsection may become effective until at least 30 days after the affected employee has been notified in writing by the department or agency. Such notice must contain at a minimum: (1) A statement of the nature of the proposed action to be taken with respect to the affected employee; (2) An explanation of the rights of the affected employee with respect to the proposed reduction in force, including any right of appeal, or other opportunities with respect to possible continued employment, any opportunities to apply for employment with any public or private party assuming the functions of the employee, or any other similar opportunities; and (3) An explanation of the affected employee's rights and options with respect to his or her employment benefits, including but not limited to any right to continued participation in any retirement system or insurance plan. (b) This subsection shall apply whenever any department or agency proposes to eliminate 25 or more classified positions or terminate 25 or more classified employees through a reduction in force under state personnel board rules. At least 15 days prior to giving the employee notice required by subsection (a) of this Code section, the department or agency shall give written notice to the President of the Senate and the Speaker of the House of the proposed reduction in force. Such notice shall:

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(1) Identify the facilities and operations to be affected and the estimated number of employees to be affected; and (2) State the reasons for the proposed action. (c) Subsections (a) and (b) of this Code section shall not apply to a reduction in force which must become effective immediately because the department or agency has insufficient funds available to pay the salaries of the affected employees. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. LOCAL GOVERNMENT ADULT BOOKSTORES, EXPLICIT MEDIA OUTLETS, AND ADULT MOVIE HOUSES; LOCATION RESTRICTIONS. Code Section 36-60-3 Amended. No. 305 (Senate Bill No. 62). AN ACT To amend Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, so as to define certain terms; to prohibit the location of an explicit media outlet or adult movie house within 1,000 feet of a school building, school grounds, college campus, public place of worship, or area zoned primarily for residential use; to provide for applicability; to authorize more stringent local restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-60-3 of the Official Code of Georgia Annotated, relating to the restriction of adult bookstores and movie houses to certain areas, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 36-60-3. (a) As used in this Code section, the term:

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(1) `Adult bookstore' means any commercial establishment in which is offered for sale any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct. (2) `Adult movie house' means any movie theater which on a regular, continuing basis shows films rated `X' by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called `adult films' depicting sexual conduct. (3) `Explicit media outlet' means any commercial establishment which has an inventory of goods that is composed of at least 50 percent of books, pamphlets, magazines, or other printed publications, films, or other media which depict sexually explicit nudity or sexual conduct. (4) `Sexual conduct' means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breast which, to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sex. (5) `Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals or pubic area with less than a full opaque covering or the depiction of covered or uncovered male genitals in a discernibly turgid state which, to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient inteest, that is, a shameful or morbid interest in nudity or sex. (b) The governing authority of each county and municipal corporation is authorized to enact, for their respective jurisdictions, ordinances which shall have the effect of restricting the operation of adult book-stores, explicit media outlets, and adult movie houses to areas zoned for commercial or industrial purposes; provided, however, that no explicit media outlet or adult movie house shall be located within 1,000 feet of any school building, school grounds, college campus, public place of worship, or area zoned primarily for residential purposes. As used in this subsection, the term `school building' shall apply only to public or private school buildings. The distance requirement provided in this subsection for explicit media outlets and adult movie houses shall not apply to said locations which hold lawful permits or business licenses on July 1, 1997. In determining the distance requirements provided for in this Code section, the measurement shall be from the closest property line on which the adult bookstore, explicit media outlet, or adult movie house is located to the closest property line on which the school, college,

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religious institution, public place of worship or area zoned primarily for residental purposes is located. Nothing in this Code section shall be construed so as to prohibit the adoption by the governing authority of any county or municipality of restrictions relating to the location of adult bookstores, explicit media outlets, and adult movie houses which are more stringent than the requirements of this Code section. (c) Any person, firm, or corporation violating any ordinance enacted pursuant to subsection (b) of this Code section shall be guilty of a misdemeanor. Each day of operation in violation shall be deemed a separate offense. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PUBLIC OFFICERS AND EMPLOYEES STATE EMPLOYEES' HEALTH INSURANCE PLAN; COUNTY OFFICERS AND EMPLOYEES PARTICIPATION; EMPLOYEES OF SHERIFFS' RETIREMENT FUND OF GEORGIA PARTICIPATION. Code Sections 45-18-5 and 45-18-7.3 Amended. No. 306 (Senate Bill No. 91). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion of certain county officers in certain health plans; to authorize the State Personnel Board to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans established under said article; to authorize the various counties to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans established under said article; to provide for the collection of payments from county employees, retirees, and dependents; to provide for contributions and deductions; to provide that nothing in this Act shall preclude the exercise of any options or rights otherwise available to certain county officers under other state or federal laws which relate to extension or continuation of health benefits; to provide that employees of the Sheriffs' Retirement Fund of Georgia shall be eligible to participate in the state employees' health insurance plan; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state emplyees' health insurance plan, is amended by striking in its entirety Code Section 45-18-5, relating to county employees, and inserting in lieu thereof the following: 45-18-5. (a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans established under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans. (b) If a county does not offer or provide a health insurance plan, health maintenance organization, or other health benefits plan for its county officers, then such county officers, by majority vote, may elect to be included in any health plan or plans established under this article. The county commissioners of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the required premiums or payments due from the county officers or former county officers who under this Code section are eligible for inclusion in the health plan or plans established under this article. The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article employees, spouses, and dependents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chair-person of the board of commissioners; and employees, spouses, and dependents of employees leaving employment on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia

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is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under this subsection of this Code section and remit same to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of employee, dependent, and other information required by the board to administer this Code section. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article employees, spouses, and dependents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employment on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia is authorized to contract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees and otherwise collect from former employees such payment as may be required under any health insurance plan and to remit the same to the County Officers Association of Georgia for payment to the board. In addition, it shall be the duty of such county or counties to make the employer contributions required on behalf of employees and former employees for the operation of such plan or plans. (d) In administering this Code section, it shall be the responsibility of the board to develop rates for coverage based on the actual claims experience of the individuals covered by this Code section. (e) Nothing in this Code section shall preclude the exercise of any options or rights otherwise available to such county officers under other state or federal laws which relate to extension or continuation of health benefits. SECTION 2. Said article is further amended by striking in its entirety Code Section 45-18-7.3, relating to employees of the Peace Officers' Annuity and Benefit

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Fund and the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following: 45-18-7.3. The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund, Georgia Firemen's Pension Fund, and the Sheriffs' Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund, Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity Benefit Fund, Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to deduct from the salary or other remuneration of their employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund, Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans. SECTION 3. Notwithstanding any other provisions of law, this Act shall become effective July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. LOCAL GOVERNMENT GEORGIA MUNICIPAL TRAINING INSTITUTE; NAME CHANGED TO HAROLD F. HOLTZ MUNICIPAL TRAINING INSTITUTE; BOARD MEMBERSHIP. Code Title 36, Chapter 45 Amended. No. 307 (Senate Bill No. 94). AN ACT To amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to change the name of the Georgia Municipal Training Institute; to add members to the board of the institute; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, is amended by striking Code Section 36-45-3 in its entirety and inserting in lieu thereof the following:

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36-45-3. As used in this article, the term: (1) `Board' means the Board of the Harold F. Holtz Municipal Training Institute. (2) `Institute' means the Harold F. Holtz Municipal Training Institute. (3) `Municipal governing authority' means the governing authority of a municipal corporation. (4) `State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. (5) `Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia. SECTION 2. Said chapter is further amended by striking Code Sections 36-45-5, 36-45-6, and 36-45-7 in their entirety and inserting in lieu thereof the following: 36-45-5. (a) There is created and established the Harold F. Holtz Municipal Training Institute. Except as otherwise provided in Code Sections 36-45-4 and 36-45-20, all costs of operating and conducting the institute shall be paid for from public funds appropriated for such purposes. (b) The board shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Sections 36-45-4 and 36-45-20. (c) The course of training and education required by Code Sections 36-45-4 and 36-45-20 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board. (d) The board shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board, to comply with the requirements of Code Sections 36-45-4 and 36-45-20. (e) The board shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law. 36-45-6. (a) The institute shall be under the direction and supervision of the board of the Harold F. Holtz Municipal Training Institute. The board

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shall have the power and duty to organize and advise the institute so that the institute is operated in accordance with the provisions of this article. (b) The institute is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3. 36-45-7. The board shall consist of nine members and shall be composed of the commissioner or designee of the Department of Community Affairs, the director of the Carl Vinson Institute of Government or designee of the University of Georgia, and seven members appointed by the Governor. Members of the board appointed by the Governor shall serve for two-year terms. SECTION 3. Said chapter is further amended by striking Code Section 36-45-20 in its entirety and inserting in lieu thereof the following: 36-45-20. (a) For purposes of this article, the term `clerk of the governing authority of a municipality' means an individual holding the office of city clerk pursuant to a municipal charter and who is normally employed in that capacity for 40 hours per week. (b) Any person hired or appointed to serve as the clerk of the governing authority of a municipality shall attend and complete a course of training on matters pertaining to the basic performance of his or her official duties. A city official who is an acting city clerk or who carries the dual responsibilities of both city manager and city clerk is exempt from such training. Such training shall be conducted by the Harold F. Holtz Municipal Training Institute, created under Article 1 of this chapter. (c) The personnel of the Carl Vinson Institute of Government are authorized to work with the members of the Georgia Municipal Clerks and Finance Officers Association, the Georgia Municipal Association, and the Harold F. Holtz Municipal Training Institute in establishing and operating the training course provided for in subsection (b) of this Code section. (d) All reasonable expenses of attending the training classes required by this Code section shall be paid from funds appropriated by the municipal governing authority for such purposes. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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STATE GOVERNMENT STATE DEPOSITORIES; FOREIGN BANKS. Code Sections 50-17-50 and 50-17-63 Amended. No. 308 (Senate Bill No. 95). AN ACT To amend 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 designation of foreign banks as state depositories of certain state funds under restricted circumstances; to provide for the deposit of such funds in foreign banks; 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 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-50, relating to the creation and duties of the State Depository Board, and inserting in lieu thereof a new Code section to read as follows: 50-17-50. The State Depository Board, referred to in this article as the `board,' is created, consisting of the Governor, the Commissioner of Insurance, the state auditor, the commissioner of banking and finance, the state revenue commissioner, and the director of the Office of Treasury and Fiscal Services, referred to in this article as the `director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board may also authorize any department, board, bureau, or other agency of the state which has a foreign office to deposit state funds for current operating expenses in certain foreign banks, the deposits of which are not insured by the Federal Deposit Insurance Corporation, provided the balance of such deposits in any one foreign bank does not exceed limits prescribed by the State Depository Board. For the purposes of this article, `foreign bank' shall mean a bank organized under the laws of a foreign country. The board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3.

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SECTION 2. Said article is further amended by striking subsection (a) of Code Section 50-17-63, relating to deposit and investment of funds, and inserting in lieu thereof a new subsection to read as follows: (a) All demand funds held by any department, board, bureau, or other agency of the state shall be deposited in state depositories, except the monthly deposits of funds for current operating expenses may be deposited in a foreign bank by any department, board, bureau, or other agency of the state which has a foreign office, provided that the department, board, bureau, or other agency of the state limits its operating deposits in foreign banks to conform to guidelines and dollar limitations prescribed by the State Depository Board; and such funds that are in excess of requirements for current operating expenses shall be placed under time deposit agreements by the director conforming to interest contracts then having approval of the board made pursuant to Code Section 50-17-52; and any funds not deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the director when directed by the board. The board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau, or agency in short-term time deposit agreements, provided the interest income of those funds is remitted to the director as revenues of the state. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. LOCAL GOVERNMENT MUNICIPAL ELECTION DISTRICTS; REDISTRICTING BY GOVERNING AUTHORITY. Code Section 36-35-4.1 Amended. No. 309 (Senate Bill No. 113). AN ACT To amend Code Section 36-35-4.1 of the Official Code of Georgia Annotated, relating to reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is authorized, under certain circumstances, to reapportion or modify the election districts from which members of the municipal governing authority are elected; to provide that such reapportionment of districts shall be effective for the election of one or more members to the municipal governing authority at the next regular general municipal election or special municipal election following such reapportionment; to provide certain limitations on such reapportionment; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-35-4.1 of the Official Code of Georgia Annotated, relating to reapportionment of election districts for municipal elections, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) In addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation with a population of 40,000 or more according to the latest United States decennial census is authorized not more than one time during the ten-year period between the publication of consecutive decennial censuses to reapportion or modify the election districts from which members of the municipal governing authority are elected; provided, however, that (1) no such reapportionment shall result in the redistricting of more than 600 persons, (2) no such reapportionment shall occur within 180 days of a general or special municipal election or primary, and (3) a map reflecting any changes and copies of any communications to or from the United States Department of Justice relating to such changes are furnished to the Secretary of State and the Legislative Reapportionment Office within 30 days after such change or communication. Such reapportionment of districts shall be effective for the election of one or more members to the municipal governing authority at the next regular general municipal election or special municipal election following such reapportionment. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION GEORGIA RAIL PASSENGER AUTHORITY LAW; PROJECT DEFINED. Code Section 46-9-272 Amended. No. 310 (Senate Bill No. 118). AN ACT To amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the Georgia Rail Passenger Authority Law, so as to redefine the term project; 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 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the Georgia Rail Passenger Authority Law, is amended by striking paragraph (4) in its entirety and inserting in its place a new paragraph (4) to read as follows: (4) `Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities or any other public transportation facilities other than roads, either directly or through contract with another public or private agency, after approval by the State Transportation Board, pursuant to state or federal law as part of any regional or state-wide transportation plan. A project may also include any fixtures, machinery, or equipment used on, in, or in connection with any of the transportation facilities listed above. A project may be for any public passenger transportation purpose, provided that a majority of the members of the authority determines, by a resolution duly adopted, that the project will further the public purpose of this article. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. MOTOR VEHICLES AND TRAFFIC CENTRAL LANE USE REGULATION; SPEED LIMITS IN CONSTRUCTION SITES. Code Section 40-6-126 Enacted. Code Section 40-6-188 Amended. No. 311 (Senate Bill No. 121). 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 regulate the use of a central lane of a highway or roadway; to change certain provisions relating to speed limits in construction sites; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding following Code Section 40-6-125 a new Code Section 40-6-126 to read as follows: 40-6-126. Whenever a highway or roadway has a central lane in which traffic may enter from either direction for the purposes of making a left turn, no vehicle shall be driven into such central lane except for the purpose of making a left turn, and no vehicle shall enter into such central lane at a location which is more than 300 feet from the location where the vehicle will turn left across one or more lanes of oncoming traffic. No vehicle which has been driven into such a central lane shall be operated in such central lane for more than 300 feet. SECTION 2. Said chapter is further amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following: 40-6-188. (a) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a maximum speed limit through any construction site located on or adjacent to any street or highway under its respective jurisdiction. (b) Whenever speed zones are established pursuant to subsection (a) of this Code section, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such different speed limit as may then be observed. Where the speed limit established pursuant to subsection (a) of this Code section is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend `Reduce Speed Ahead.' (c) A person convicted of exceeding the speed limit in any speed zone established pursuant to subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both.

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SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PUBLIC OFFICERS AND EMPLOYEES ACCOUNTING FOR PUBLIC FUNDS; DEPOSITORIES; DEPOSITS; LIABILITY FOR OFFICIAL ACTION. Code Title 45, Chapter 8 Amended. No. 312 (Senate Bill No. 131). AN ACT To amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to the accounting for public funds, so as to provide definitions of new terms; to revise provisions relative to bonds or pledges of securities by depositories; to provide for the preservation of the existing dedicated method of securing deposits of public funds and for an additional method of pooling of collateral for qualifying depositories; to provide for the determination of amounts of collateral; to provide for custodian agreements; to provide for substitutions of collateral and notification relative to such substitutions; to provide for certain additional powers of the director; to provide for limited liability for public officials relating to collateralization of public funds by the dedicated or pooled method; 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 8 of Title 45 of the Official Code of Georgia Annotated, relating to the accounting for public funds, is amended by striking in its entirety Code Section 45-8-1, relating to definitions, and inserting in its place a new Code Section 45-8-1 to read as follows: 45-8-1. As used in this chapter, the term: (1) `Collecting officer' means any person who is either generally or specifically elected, appointed, or employed, in whole or in part, to collect any tax, revenue, or other moneys on behalf of the state or any of its political subdivisions or on behalf of any board, commission,

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bureau, or department thereof. The term shall not mean any state, municipality, or county tax collector or revenue agent pursuant to Title 48. (2) `County authority' means the judge of the probate court or the board of county commissioners or other tribunal, body, or officer having jurisdiction over the fiscal affairs of the county. (3) `Custodian' means the director of the Office of Treasury and Fiscal Services or any bank, savings association, or trust company that: (A) Is organized and existing under the laws of this state, any other state, or the United States; (B) Has executed all forms required under this chapter or any rule adopted under this chapter; (C) Agrees to be subject to the jurisdiction of the courts of this state or of courts of the United States which are located within this state for the purpose of any litigation arising out of this chapter; and (D) Has been approved by the director to act as a custodian; and which holds a pool of collateral for public deposits established by a depository pursuant to Code Section 45-8-13. (4) `Daily pool balance' means the daily balance of deposits of public funds held by a depository which balance is secured by the pooled method as specified in paragraph (2) of subsection (b) of Code Section 45-8-13. Insured deposits and deposits of public funds for which no collateral is required under subsection (b) or (d) of Code Section 45-8-12 or special deposits and operating funds for which collateral has been duly waived pursuant to subsection (b) of Code Section 45-8-11 or paragraph (3) of Code Section 50-17-53 shall be excluded from the balance of deposits of public funds for purposes of determining the daily pool balance. (5) `Default' includes, without limitation, the failure or refusal of a public depository to pay any check or warrant drawn upon sufficient and collected funds by any public depositor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository. (6) `Depository' means any bank designated, named, or appointed from time to time: (A) By the State Depository Board as qualified to serve as a depository of state funds pursuant to Code Section 50-17-50; (B) By county authorities or others as depositories for county and other public funds pursuant to Code Section 45-8-14; or

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(C) By collecting officers and officers holding public funds as a depository for public funds pursuant to Code Section 45-8-11. (7) `Director' means the director of the Office of Treasury and Fiscal Services. (8) `Officer to hold public funds' means not only the director of the Office of Treasury and Fiscal Services, municipality or county treasurers, the State School Superintendent, municipality or county school superintendents, and treasurers of school districts, but also every other person, by whatever name or title called, who shall be either generally or specially elected, appointed, or employed with the duty, in whole or in part, to receive, hold, or disburse any public money or revenue on behalf of the state or any of its political subdivisions or on behalf of any board, commission, bureau, or department. (9) `Proper authority' means the officer, board, commission, or other tribunal or body having the jurisdiction to act in the particular matter. (10) `Public body' means not only the state, municipalities, counties, school districts, drainage districts, and other districts created for special purposes, but also every other political subdivision of the state and every board, bureau, commission, and department of the state or any subdivision thereof, as the context may require. (11) `State authority' means the officer or officers or board, bureau, commission, or other person or persons who, in their official capacity, shall have, according to the laws of this state, the duty or jurisdiction to act on behalf of the state in the particular matter. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 45-8-13, relating to deposit of securities by banks or depositories, and inserting in its place a new Code section to read as follows: 45-8-13. (a) Any depository in this state is authorized to give such bond or to secure deposits of public funds by deposits of securities, whether the securities are owned by the depository into which the public funds are deposited or are owned by another bank, and the proper authorities are authorized to make contracts with depositories as to interest or compensation of the depository. (b) Depositories may secure deposits of public funds using the dedicated method or the pooled method as enumerated in this subsection: (1) Under the dedicated method, a depository shall secure the deposits of each of its public depositors separately. It is intended that the dedicated method is the method permitted under Code Section 45-8-12 and that this method will not be affected by this subsection; or

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(2) Under the pooled method, a depository shall secure deposits of public funds of public bodies which have deposits with it through a pool of collateral established by the depository with a custodian for the benefit of public bodies having deposits with such depository as set forth in Code Section 45-8-13.1. If a depository elects the pooled method, it may use the pooled method with some public depositors and the dedicated method with other public depositors. (c) No depository shall be required to use the pooled method. However, any depository that offers the pooled method shall also offer the dedicated method. SECTION 3. Said chapter is further amended by adding immediately following Code Section 45-8-13, relating to deposit of securities by banks or depositories, a new Code section to read as follows: 45-8-13.1. (a) Only depositories which have met the qualifications imposed by this Code section may use the pooled method. If a depository elects the pooled method, it shall notify the director in writing of its desire to utilize the pooled method and the proposed effective date thereof and provide to the director executed copies of the custodial agreement, resolution, and other agreements and data as may be required by the director. Upon meeting the qualifications of this Code section, the director shall issue a certificate of qualification, and such bank or trust company shall become a depository permitted to use the pooled method. (b) The aggregate of the market value of the securities pledged to secure a pool of public funds shall be not less than 110 percent of the daily pool balance. (c)(1) A depository may not retain any deposit of public funds which is required to be secured unless, within ten days thereafter or such shorter period as has been agreed upon by the depository and the public depositors secured by the pool, it has deposited for the benefit of the pool eligible collateral equal to its required collateral pursuant to this Code section. (2) For reporting purposes, each depository using the pooled method shall determine the market value of its collateral. Each depository shall provide such monthly reports to the director as the director shall require. (3) A depository may not substitute or withdraw collateral previously pledged as part of a pool without the prior approval of the director. The director shall grant such approval if:

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(A) In the case of substitution of collateral, the market value of the substituted collateral is equal to or greater than the market value of the collateral withdrawn; and (B) In the case of withdrawal of collateral: (i) The depository certifies in writing that such withdrawal will not reduce its collateral below its required collateral; and (ii) This certification is substantiated by a statement of the depository's current daily pool balance that indicates that after withdrawal such deposits will continue to be secured to the full extent required by law. (d) The director shall be authorized to delegate to any bank, savings association, trust company, or other qualified firm, corporation, or association which is authorized to transact business in the State of Georgia such of its rights and responsibilities with respect to the pooled method as the director deems appropriate including, without limitation, the right to approve or disapprove any substitutions or withdrawals permitted under this Code section. Fees and expenses of the bank, savings association, trust company, or other qualified firm, corporation, or association to which the director delegates its rights and responsibilities under this subsection shall be paid by the depositories using the pooled method. (e) The director, upon a default by a depository using the pooled method, shall request immediate delivery of such part of the pooled, pledged collateral as may be needed to hold the director or any public depositor harmless from losses incurred by the default. The director shall have full discretion as to the amounts and securities to be delivered. The director shall sell as much of the collateral as is needed to provide cash to cover the amount of the default and expenses resulting there-from. From the proceeds of the sale of such collateral, the director shall pay any amounts owing to public depositors who participated in the pooled fund of the defaulting depository. Public depositors whose deposits are secured by a pledging pool of a defaulting depository shall look solely to the assets of such pledging pool and to the assets of the defaulting depository and shall have no claim, ex contractu or otherwise, against the state, other depositories, or the assets of pledging pools created by other depositories. (f) In addition to all of the rights provided to the director in this chapter, the director shall have the following powers: (1) To adopt such rules and prescribe such forms as may be necessary to accomplish the purposes of this chapter; (2) To decline, accept, or reduce the reported value of collateral, as circumstances may require, in order to ensure the pledging of sufficient marketable collateral to meet the purposes of this chapter;

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(3) To suspend or disqualify any custodian or depository that has violated any provision of this chapter or any rule adopted pursuant to this chapter; (4) To require depositories to furnish detailed monthly reports of public deposits held by depositors' names, addresses, amounts, and any additional information requested by the director; (5) To confirm deposits of public funds to the extent possible under current law; and (6) To monitor and confirm as often as deemed necessary by the director the pledged collateral held by third-party custodians. (g) Neither the provisions of this Act nor the exercise of any right or duty by the director authorized or permitted by Code Section 45-8-13 or 45-8-13.1 shall be construed as a waiver of sovereign immunity. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 45-8-17, relating to liability of public authorities or members thereof for official actions, and substituting in lieu thereof a new Code section to read as follows: 45-8-17. No proper authority, including the director, nor any member of a board or tribunal constituting such a proper authority shall, where acting in good faith, incur any liability by reason of designating any depository, permitting deposits of public funds to be collateralized by the direct method or the pooled method, administering or regulating the pooled method, or taking any other official action required of such proper authority under this chapter. SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon the signature of the Governor or upon becoming law without such signature. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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COURTS COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION. Code Title 15, Chapter 23 Amended. No. 313 (Senate Bill No. 133). AN ACT To amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards; to authorize such boards to create nonprofit corporations for administering alternative dispute resolution programs and soliciting funding; to provide for appointment of trustees or directors of such nonprofit corporations and for maximum terms; to change the amount of additional costs to be collected in civil actions for alternative dispute resolution programs; to extend such fees to certain courts with the same jurisdiction and powers as state magistrate courts; to require approval of the board member representing the affected court to increase the fee beyond a specified amount; to limit the frequency of changes in such fees; to provide for the use of juvenile court supervision fees; to provide for audits and examinations by certified public accountants; to provide criteria for screening of cases; 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 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, is amended by striking in its entirety Code Section 15-23-1, relating to a short title, and inserting in its place the following: 15-23-1. This chapter shall be known and may be cited as the `Georgia Court-connected Alternative Dispute Resolution Act.' SECTION 2. Said chapter is further amended by striking in its entirety Code Section 15-23-3, relating to the board of trustees of a county fund for the administration of alternative dispute resolution programs, and inserting in its place the following:

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15-23-3. (a) There is created in each county in this state a board to be known as the Board of Trustees of the _____ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall consist of: (1) The chief judge of the superior court of the circuit in which the county is located, or the superior court judge with the longest service if there is no chief judge, or a superior court judge designated by the chief judge or the judge with the longest service; (2) The chief judge of the state court, if any, or the state court judge with the longest service if there is no chief judge, or a state court judge designated by the chief judge or the judge with the longest service; (3) The judge of the probate court; (4) The presiding judge of the juvenile court, if any, or a juvenile court judge designated by that judge; (5) The chief magistrate or a magistrate designated by the chief magistrate; (6) The clerk of the superior court; and (7) One practicing attorney appointed by other members of the board. (b) The superior court judge on the board shall serve as chairperson of the board. The member who is the practicing attorney shall serve at the pleasure of the other members of the board. All members shall serve without compensation. A majority of the members of the board shall constitute a quorum for the transaction of all business that may come before the board. (c) A member who represents a court which does not participate in the alternative dispute resolution program and against whose litigants the additional costs authorized by this chapter are not assessed may attend all meetings but will be a nonvoting member of the board. The presence of such a member shall not be counted in determining the constitution of a quorum. (d) Members of any board of trustees of any county fund and other personnel acting in a policy-making capacity shall be immune from any action arising from any act, statement, decision, or omission relating to the implementation of the purposes of this chapter unless the act, statement, decision, or omission is: (1) Grossly negligent and made with malice; or (2) In willful disregard of the safety or property of any party to the alternative dispute process.

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SECTION 3. Said chapter is further amended by striking in its entirety Code Section 15-23-5, relating to surety bonds for secretary-treasurers of boards, and inserting in its place the following: 15-23-5. The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the fund in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him or her. The premium on the bond shall be paid out of the fund in such county. A secretary-treasurer who is designated by a combined board of several counties as provided by Code Section 15-23-12 may satisfy the bonding requirement with one bond. If the secretary-treasurer is already bonded by virtue of being a state employee, such a bond as a state employee will satisfy the bonding requirement. SECTION 4. Said chapter is further amended by striking in their entirety Code Section 15-23-6, relating to powers and duties of boards, Code Section 15-23-7, relating to collection of additional costs in civil actions for providing court-annexed or court-referred alternative dispute resolution programs, and Code Section 15-23-8, relating to deposit, expenditure, and investment of funds, and inserting in lieu thereof the following: 15-23-6. (a) The board is given the following powers and duties: (1) To provide for the collection of all money provided for in this chapter; (2) To manage, control, and direct such fund and the expenditures made therefrom; (3) To distribute the moneys coming into the fund in such manner and subject to such terms and limitations as the board, in its discretion, shall determine will best meet the purpose of this chapter in promoting the alternative resolution of disputes and the efficient administration of justice; (4) To contract for the investment, pooling, and expenditure of funds; (5) To adopt such rules and regulations as may be necessary to manage such fund and provide for such programs; (6) To keep records of all its meetings and proceedings; and (7) To exercise all other powers necessary for the proper administration of the funding mechanism provided for in this chapter.

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(b) In addition to the powers and duties listed in subsection (a) of this Code section, the board is authorized in its discretion to create a nonprofit corporation for the purpose of administering an alternative dispute resolution program and soliciting funding for such a program from any lawful source. The trustees or directors of any such nonprofit corporation shall be appointed by the board for terms not to exceed three years. 15-23-7. (a) For the purposes of providing court-connected or court-referred alternative dispute resolution programs, a sum not to exceed $7.50, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts and other courts within the county that have the same powers and jurisdiction as state or magistrate courts; and (b) A case, within the meaning of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not. (c) The amount, if any, to be collected in each case, shall be fixed in an amount not to exceed the applicable amount set out in subsection (a) of this Code section by the chief judge of the superior court or, if there is no chief judge, by the superior court judge with the longest service, who shall, after advising and notifying the chairperson of the county governing authority, order the clerk to collect said fees and remit them to the treasurer of the county fund for the administration of alternative dispute resolution programs. No such additional costs shall be charged and collected unless the chief judge of the superior court or such chief judge's designee, or if there is no chief judge, the superior court judge with the longest service or such judge's designee first determines that a need exists for an alternative dispute resolution program in one or more of the courts within the county. The chief judge of the superior court or the designee of the chief judge or, if there is no chief judge, the superior court judge with the longest service or the designee of such judge may propose, as to a given court, the collection of an amount exceeding $7.00, but in no event to exceed the applicable amount set out in subsection (a) of this Code section; provided, however, that approval of the board member representing the affected court is necessary before imposition upon litigants of that court of costs authorized by this chapter exceeding $7.00. (d) The clerk of each and every such court in such counties shall collect such fees and remit the same to the treasurer of the board of the county in which the case was brought, on the first day of each month. No change in the amount collected pursuant to this Code section may be made within a period of 12 months from the date of a previous change.

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(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-56.1 may be used for mediation services provided by court programs pursuant to this chapter. 15-23-8. (a) The board shall have control of the funds provided for in this chapter. All funds received shall be deposited in a special account to be known as the __________ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state. (b) Boards shall comply with and be subject to the audit requirements of Code Section 36-81-7. SECTION 5. Said chapter is further amended by striking in its entirety Code Section 15-23-10, relating to determination of need as prerequisite to establishing a program, and inserting in lieu thereof the following: 15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolutions Programs, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-base basis to determine whether: (1) The case is appropriate for the process; (2) The parties are able to compensate the neutral if compensation is required; and (3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court.

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SECTION 6. This Act shall become effective on January 1, 1998. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CRIMINAL PROCEDURE INDICTMENT AGAINST PEACE OFFICER; PROCEDURE; APPLICATION TO MISDEMEANORS AND FELONIES. Code Section 17-7-52 Amended. No. 314 (Senate Bill No. 140). AN ACT To amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that procedure for indictment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felonies; to provide that a prosecution shall not proceed in either the state or superior court without a grand jury indictment; 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 17 of the Official Code of Georgia Annotated, relating to indictments, is amended by striking in its entirety Code Section 17-7-52, relating to procedure for indictment of a peace officer for a crime in performance of duties, and inserting in lieu thereof a new Code Section 17-7-52 to read as follows: 17-7-52. (a) Before an indictment against a peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by a grand jury, the officer shall be notified of the contemplated action by the district attorney of the county wherein the grand jury shall convene and the officer shall be afforded the rights provided in Code Section 45-11-4. (b) The requirements of subsection (a) of this Code section shall apply to all prosecutions, whether for misdemeanors or felonies, and no such

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prosecution shall proceed either in state or superior court without a grand jury indictment. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES DEPARTMENT OF PUBLIC SAFETY; GEORGIA STATE PATROL; CERTAIN EMPLOYEES IN CLASSIFIED SERVICE; DISMISSAL; SUSPENSION PENDING DISMISSAL. Code Sections 35-2-46 and 35-2-47 Revised. No. 315 (Senate Bill No. 141). AN ACT To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to repeal certain provisions relating to term of service of officers, troopers, communications officers, and licensed examiners and grounds and procedures for discharge; to provide that all officers, troopers, communications officers, and drive's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the Department of Public Safety only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder; to repeal certain provisions relating to suspension of members of the Georgia State Patrol; to provide that all officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the Department of Public Safety as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder; 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 35 of the Official Code of Georgia Annotated, relating to the Georgia Department of Public Safety, is amended by striking in its entirety Code Section 35-2-46, relating to term of service of officers, troopers, communications officers, and license examiners and grounds and procedure for discharge, which reads as follows: 35-2-46. All the officers, troopers, communications officers, and driver's license examiners, except the commissioner and deputy commissioner, shall be

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entitled to serve until retirement; provided, however, that the commissioner or his designee may discharge any officer, trooper, communications officer, or driver's license examiner. This may be accomplished by preferring charges before the appropriate division director before whom the officer, trooper, communications officer, or driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the department due to curtailment of funds or reduction in staff when the separation is in accordance with the rules and regulations of the State Merit System of Personnel Administration., and inserting in lieu thereof the following: 35-2-46. All officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 35-2-47, relating to suspension of members of the Georgia State Patrol, which reads as follows: 35-2-47. The commissioner or his designee may suspend any officer, trooper, communications officer, or driver's license examiner from duty for cause and without pay until the hearing before the appropriate division director is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in damage to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the appropriate division director, the officer, trooper, communications officer, or driver's license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof.,

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and inserting in lieu thereof the following: 35-2-47. All officers, troopers, communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. REVENUE AND TAXATION LAND BANK AUTHORITIES. Code Title 48, Chapter 4, Article 4 Amended. No. 316 (Senate Bill No. 143). AN ACT To amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that consolidated governments may create land bank authorities; to provide for definitions; to provide for the method of establishment of such authorities by consolidated governments; to provide for transition in the event of consolidation of governments having such an authority; to provide for governance of such authorities; to provide for administration, acquisition, and disposal of properties of such authorities; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, is amended by striking said article in its entirety and inserting in lieu thereof a new Article 4 to read as follows:

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ARTICLE 4 48-4-60. As used in this article, the term: (1) `Agreement' means: (A) An interlocal cooperation agreement entered into by the parties pursuant to this article; or (B) A resolution of a consolidated government establishing an authority pursuant to this article. (2) `Authority' means the land bank authority established pursuant to this article. (3) `Parties' means the parties to the agreement, which shall include one or more cities and the county containing such cities, or a consolidated government which has adopted a resolution establishing an authority. (4) `Property' means real property, including any improvements thereon. (5) `Tax delinquent property' means any property on which the taxes levied and assessed by any party remain in whole or in part unpaid on the date due and payable. 48-4-61. (a) One or more cities and the county containing such cities may enter into an interlocal cooperation agreement, or a consolidated government may adopt a resolution, for the purpose of establishing a land bank authority pursuant to this article. (b) The authority shall be a public body corporate and politic with the power to sue and be sued, to accept and issue deeds in its name, and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article. (c) The authority shall be established to acquire the tax delinquent properties of the parties in order to foster the public purpose of returning land which is in a nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise of such powers. (d) Any authority established pursuant to this article may be dissolved by any party to the agreement or by resolution of a consolidated government or, where multiple cities are involved, any city may withdraw from

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the agreement which established the authority, or such authority may be dissolved by local Act of the General Assembly. (e) An authority whose parties form a consolidated government after entering into an interlocal cooperation agreement shall thereafter operate under and be governed by the provisions of this article applicable to authorities of consolidated governments as if created by resolution of a consolidated government. The board governing such an authority shall be reconstituted by resolution of the consolidated governments in conformity with the provisions of subsection (a) of Code Section 48-4-62 prior to the first meeting of such board subsequent to the effective date of consolidation of the party governments. 48-4-62. (a) The authority shall be governed by a board composed in such a manner as to provide two members to represent each party: two appointed by the mayor of each party city and two appointed by the county commission of the party county. An authority established by resolution of a consolidated government shall be governed by a board composed of four members to be appointed by the governing authority of the consolidated government. Each member shall serve at the pleasure of the respective appointing authority for a term of four years and shall serve without compensation. The members shall be residents of the county and may be employees of the parties. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. (b) The board of the authority shall meet from time to time as required, and the presence of either (1) three members, if there are only two parties to the agreement or if the authority was created by a consolidated government or (2) 50 percent of the members then in office, if there are more than two parties to the agreement, shall constitute a quorum. Approval by a majority of the membership then in office shall be necessary for any action to be taken by the authority. All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. A chairperson shall be elected from among the members, and he or she shall execute all deeds, leases, and contracts of the authority when authorized by the board. (c) The authority may employ its own staff or may utilize employees of the parties, as determined by the agreement. 48-4-63. (a) The authority shall hold in its own name, for the benefit of the parties, all properties conveyed to it by the parties, all tax delinquent properties acquired by it pursuant to this article, and all properties otherwise acquired.

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(b) It shall be the duty of the authority to administer the properties acquired by it as follows: (1) All property acquired by the authority shall be inventoried and appraised, and the inventory shall be maintained as a public record; (2) The authority shall organize and classify the property on the basis of suitability for use; (3) The authority shall maintain all property held by it in accordance with applicable laws and codes; and (4) The authority shall have the power to manage, maintain, protect, rent, lease, repair, insure, alter, sell, trade, exchange, or otherwise dispose of any property on terms and conditions determined in the sole discretion of the authority. The authority may assemble tracts or parcels of property for public parks or other public purposes and to that end may exchange parcels and otherwise effectuate the purposes determined by agreement with any party. (c) The acquisition and disposal of property by the authority shall not be governed or controlled by any regulations or laws of the parties unless specifically provided in the agreement, and transfers of property by parties to the authority shall be treated as transfers to a body politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) Property held by the authority may be sold, traded, exchanged, or otherwise disposed of by the authority so long as the disposition is approved by a majority of the membership, as required in subsection (b) of Code Section 48-4-62 for any action by the authority, and approved as follows: (1) If the property is located within a party city and the party county, approved by both authority members appointed by the mayor of such city and one of the authority members appointed by the county commission; (2) If the property is located within the county party but outside all the party cities, approved by both authority members appointed by the county commission; (3) If the property is located within a party city but outside the party county, approved by both authority members of such city; or (4) If the property is located within the the boundaries of a consolidated government, approved by a majority of the authority members. 48-4-64. (a) If any party obtains a judgment for taxes against a tax delinquent property within the party county, any of the party cities, or the boundaries of the consolidated government and the property is ordered

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sold at a tax sale to satisfy the judgment, the authority may tender one bid at such sale, and such bid shall comprise the authority's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner shall accept the authority's bid and make a deed of the property to the authority. (b) In accordance with the provisions of Code Section 48-4-45, the authority shall have the right to foreclose the right to redeem property at any time after the 12 month redemption period has expired pursuant to Code Section 48-4-65. Notwithstanding the foregoing provisions of this subsection, the right of redemption shall automatically terminate and expire upon failure to redeem in accordance with Code Section 48-4-81 where the tax sale was conducted pursuant to Article 5 of this chapter. (c) When a property is acquired by the authority, the authority shall have the power to extinguish all county and city or consolidated government taxes, including school district taxes, at the time it sells or otherwise disposes of property; provided, however, that, with respect to school district taxes, the authority shall first obtain the consent of the board of education governing the school district in which the property is located. In determining whether or not to extinguish taxes, the authority shall consider the public benefit to be gained by tax forgiveness with primary consideration given to purchasers who intend to build or rehabilitate low-income housing. The decision by the authority to extinguish taxes is subject to the vote requirements for dispositions of property under subsection (d) of Code Section 48-4-63. (d) At the time that the authority sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be allocated as determined by the authority among the following priorities: (1) furtherance of authority operations; (2) recovery of authority expenses; and (3) distribution to the parties and the appropriate school district in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to the agreement of the parties or by resolution of the consolidated government in accordance with the public policy stated in this article. (e) The authority shall have full discretion in determining the sale price of the property. The agreement of the parties shall provide for a distribution of property that favors neighborhood nonprofit entities obtaining the land for low-income housing and, secondarily, other entities intending to produce low-income or moderate-income housing. 48-4-65. The authority may foreclose the right of redemption to the property conveyed to the authority pursuant to a tax sale conducted in accordance with Article 1 of this chapter in the following manner:

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(1) The record title to the property shall be examined and a certificate of title shall be prepared for the benefit of the authority; (2) The authority shall serve the prior owner whose interest was foreclosed upon and all persons having record title or interest in or lien upon the property with a notice of foreclosure of this right to redeem in conformance with Code Section 48-4-46; (3) In the event persons entitled to service are located outside the county, they may be served by certified mail; or (4) In the event the sheriff is unable to perfect service or certified mail attempts are returned unclaimed, the authority shall conduct a search for the person with an interest in the property conveyed to the authority, which search must, at a minimum, have included the following: (A) An examination of the addresses given on the face of the instrument vesting interest or the addresses given to the clerk of the superior court by the transfer tax declaration form. The clerk of the superior court and the tax assessor of the county are required to share information contained in the transfer tax declaration form with one another in a timely manner; (B) A search of the current telephone directory for the county in which the property is located; (C) A letter of inquiry to the person who sold the property to the defendant in the tax sale at the address shown in the transfer tax declaration form or in the telephone directory; (D) A letter of inquiry to the attorney handling the closing prior to the tax sale if provided on the deed forms; (E) A sign being no less than four feet by six feet shall be erected on the property and maintained by the authority for a minimum of 30 days reading as follows: `THIS PROPERTY HAS BEEN CONVEYED TO THE __________ LAND BANK AUTHORITY BY VIRTUE OF A SALE FOR UNPAID TAXES. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CALL __________.'; and (F) If the authority has made the search as required by this paragraph and been unable to locate those persons required to be served under paragraph (2) of this Code section or, having located additional addresses of those persons through such search, attempted without success to serve those persons in either manner provided by paragraph (2) or (3) or this Code section, the authority shall make a written summary of the attempts made to serve the

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notice, in recordable form, and may authorize the foreclosure of the redemption rights of record. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. LABOR AND INDUSTRIAL RELATIONS UNEMPLOYMENT BENEFITS; SUCCESSOR EMPLOYER CONTRIBUTION RATE; REASSESSMENT HEARINGS; WITHHOLDING OF BENEFITS FROM PERSONS OVERISSUED FOOD STAMPS; LABOR POOLS. Code Sections 34-8-153, 34-8-170, and 34-8-199 Amended. Ga. L. 1994, p. 1152 Amended. No. 317 (Senate Bill No. 148). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, so as to change the provisions relating to the liability of succeeding employer and computation of rate of contributions; to change the provisions relating to the authority of the Commissioner of Labor to estimate contributions due from employers; to change a certain reference; to provide for the deduction and withholding of certain unemployment compensation payable to an individual who owes an uncollected overissuance pursuant to the federal Food Stamp Act of 1977, as amended; to define a certain term; to provide for certain disclosures with respect to uncollected overissuances; to provide for payments of amounts deducted to the Department of Human Resources or the successor state food stamp agency; to provide for the consideration of such amounts deducted; to provide that the provisions of this Act relating to the deduction and withholding of certain unemployment compensation payable to an individual who owes an uncollected overissuance shall apply only if arrangements have been made for reimbursement of the administrative costs incurred by the Commissioner of Labor which are attributable to the repayment of uncollected overissuances; to change the provisions relating to the effective date and automatic repeal of an Act amending Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, approved April 13, 1994 (Ga. L. 1994, p. 1152); 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 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking subsection (b) of

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Code Section 34-8-153, relating to the liability of succeeding employer and computation of rate of contributions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessor's rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations unless this combination of experience results in a reduction of rates. SECTION 1.5. Said chapter is further amended by striking paragraph (2) of subsection (g) of Code Section 34-8-170, relating to the authority of the Commissioner of Labor to estimate contributions due from employers, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) In levying the assessment, the Commissioner may demand a deposit of such security as the Commissioner deems necessary to ensure compliance with the department, including additional security from time to time, but not more frequently than monthly, in the amount of accumulating interest. The deposit of sufficient security to ensure compliance shall stay other collection action by the Commissioner while the assessment is under review. The deposit of the sufficient security shall not be a condition for the exercise of the review and appeal rights of the employer pursuant to this chapter. The filing of a petition for reassessment shall not stay collection action by the Commissioner while the assessment is under review but shall stay the sale of all property other than perishable goods seized by the Commissioner pursuant to the collection action until a final decision from a hearing is issued by the Office of State Administrative Hearings. SECTION 2. Said chapter is further amended by adding at the end of Article 7, relating to benefits, a new Code Section 34-8-199 to read as follows: 34-8-199. (a) As used in this Code section, the term: (1) `Uncollected overissuance' has the same meaning as provided in 7 U.S.C. Section 2022(c)(1).

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(2) `Unemployment compensation' means any compensation payable under this chapter including amounts payable by the Commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (b) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he or she owes an uncollected overissuance of food stamp coupons. The Commissioner shall notify the Department of Human Resources or the successor state food stamp agency enforcing such obligation of any individual who discloses that he or she owes such uncollected overissuance and who is determined to be eligible for unemployment compensation. (c) The Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance: (1) The amount specified by the individual to the Commissioner to be deducted and withheld as provided by this Code section; (2) The amount, if any, determined pursuant to an agreement submitted to the Department of Human Resources or the successor state food stamp agency under 7 U.S.C. Section 2022 (c) (3) (A); or (3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to 7 U.S.C. Section 2022 (c) (3) (B). (d) Any amount deducted and withheld pursuant to this Code section shall be paid by the Commissioner to the Department of Human Resources or the successor state food stamp agency. (e) Any amount deducted and withheld under subsection (d) of this Code section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the Department of Human Resources or the successor state food stamp agency as repayment of the individual's uncollected issuance. (f) This Code section applies only if arrangements have been made for reimbursement by the Department of Human Resources or the successor state food stamp agency for the administrative costs incurred by the Commissioner under this Code section which are attributable to the repayment of uncollected overissuances to the Department of Human Resources or the successor state food stamp agency. SECTION 3. An Act amending Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, approved April 13, 1994 (Ga. L. 1994,

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p. 1152), is amended by striking Section 7 thereof and inserting in its place the following: SECTION 7. This Act shall be repealed in its entirety July 1, 2000, if funds have not been specifically appropriated for purposes of this Act on or before such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. SOCIAL SERVICES SILVER-HAIRED LEGISLATURE. Code Section 49-6-40 Amended. No. 318 (Senate Bill No. 150). AN ACT To amend Article 3 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Silver-Haired Legislature, so as to provide for funding; to provide for personnel; to provide for duties of the Secretary of State; 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 49 of the Official Code of Georgia Annotated, relating to the Silver-Haired Legislature, is amended by striking Code Section 49-6-40, relating to the creation of the Silver-Haired Legislature, and inserting in its place a new Code Section 49-6-40 to read as follows: 49-6-40. There is created the Georgia Silver-Haired Legislature. Its members shall be of age 60 or over and shall be duly selected pursuant to procedures developed by the department, the office of the Secretary of State, and the Silver-Haired Legislature in coordination with the state's network of aging programs. The Silver-Haired Legislature is authorized to meet every other year at the state capitol at an appropriate time prior to the convening of the General Assembly. The Silver-Haired Legislature is authorized, within its budgetary limitations, to hire personnel, to solicit private financial support, and to adopt bylaws to govern its internal procedures, and such body is authorized to adopt such measures as it

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deems appropriate to present to the General Assembly for consideration. SECTION 2. This Act shall become effective on July 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. GUARDIAN AND WARD POWERS AND DUTIES OF GUARDIANS; GUARDIANS OF INCAPACITATED ADULTS. Code Title 29 Amended. No. 320 (Senate Bill No. 182). AN ACT To amend Chapters 2 and 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians generally and to guardians of incapacitated adults, respectively, so as to provide for reasonable fees and expenses of legal counsel and other professionals as allowed expenses in certain circumstances; to conform certain provisions relating to guardians to certain provisions relating to testamentary executors or administrators; to change provisions relating to sale, rent, lease, exchange, or disposal of the ward's property by a guardian of the property or an emergency or temporary guardian of the property; to change provisions relating to sale of stocks and bonds; to provide for sale of perishable property or property that is expensive to keep; to change provisions relating to the sale of real property and to affidavits claiming real or personal property; to change provisions relating to service on minors or incapacitated adults; to eliminate certain provisions relating to appraisement of assets; to provide that a warranty in a conveyance by a guardian may not bind the ward's estate or bind the guardian personally except in specified circumstances; to change provisions relating to public sales and the manner, advertisement, petitions, location, time, payment terms, and returns thereof; to change provisions relating to sale of evidences of debt or indebtedness; to change provisions relating to certain recitals in guardians' deeds and to liens on real property sold under court order; to change the powers, duties, compensation, and liabilities of a guardian of the property of an adult ward; to provide for notice to the attorney of the proposed ward of the date and time of the evaluation and changes in such date and time; to provide that the judge of the probate court shall have the exclusive power to change such date, place, and time; to provide that appointment of a guardian does not divest the ward of the right to bring legal action relating to the guardianship individually or through legal counsel; 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. Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to powers and duties of guardians, is amended by striking in its entirety Code Section 29-2-2, relating to expenses allowed and use of the corpus of the estate, and inserting in its place the following: 29-2-2. Every guardian shall be allowed all reasonable disbursements and expenses suitable to the circumstances of the ward committed to his or her care as well as the necessary expenses of maintaining, supporting, and educating those who may be legally dependent upon the ward. There shall also be allowed the reasonable expenses, including fees of legal counsel and other professionals, for the interested person or incapacitated person bringing a petition pursuant to paragraph (3) or (4) of subsection (a) of Code Section 29-5-9, provided that the action results in the court's modification or termination of the guardianship or the court's determination that the petition was brought in good faith and for reasonable cause even though the guardianship is not modified or terminated. The expenses of maintenance and education must not exceed the annual profits of the estate, absent the prior approval of the judge of the probate court. The judge, in his or her discretion, may allow the corpus of the estate, in whole or in part, to be used for the maintenance and education of the ward and for the necessary expenses of maintaining, supporting, and educating those who may be legally dependent upon the ward. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 29-2-4, relating to sale, lease, exchange, or encumbrance of a ward's property, as such Code section was enacted by an Act to amend said title, approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, and which reads as follows: 29-2-4. (a) Whenever any guardian deems it necessary or in the best interests of his ward to sell, lease, exchange, or encumber the estate of the ward, or any part thereof, the guardian shall file with the judge of the probate court of the county of the guardian's appointment or of the county in which the property, or any part thereof, of the ward may be situated in the case of a foreign guardian, a petition: (1) Setting forth the facts;

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(2) Describing the property which the guardian proposes to sell, lease, exchange, or encumber; (3) Indicating the disposition to be made of the proceeds of the sale, lease, or encumbrance, which may include reinvestment in other property; and (4) Setting forth the terms of the sale, lease, or encumbrance proposed. (b) Citation shall be issued upon the petition and published in the county of the guardian's appointment, and in the county where the land is located, if different from the county of the guardian's appointment, once a week in four different weeks in the newspaper in which county advertisements are published. (c)(1) If the ward is a minor and resides within this state, he shall be served personally with a copy of the petition and citation. If the ward is a minor and resides outside the state, or is outside the state, the judge of the probate court may provide for substituted service upon the minor. In any such case, service upon such minor by registered or certified mail addressed to him at his last known address, as furnished by the guardian, shall be deemed sufficient. (2) If the ward is not a minor but an incompetent for whom a guardian has been appointed pursuant to the laws of this state or any other state or jurisdiction, he shall be personally served, if within this state, as provided in paragraph (1) of this subsection with respect to service upon minors residing within this state. If the incompetent ward does not reside within this state, or is outside the state, service upon the incompetent ward by registered or certified mail addressed to his last known address as furnished by the guardian, as in the case of service upon nonresident minors, shall be deemed sufficient; provided, however, that, if any incompetent ward is a patient in any hospital, sanitarium, insane asylum, or any similar institution located within or outside this state, service upon such incompetent ward shall be perfected by delivery of a copy of the petition and citation to the incompetent by a member of the staff of the institution in which the incompetent is confined, who shall make a certificate of the delivery and return the same to the judge of the probate court issuing the citation. (d) In every case provided for by this Code section, the judge of the probate court, upon the filing of the petition, shall appoint a guardian ad litem for the ward and shall cause service of the petition and citation to be made upon the guardian ad litem. (e) At the time the citation is returnable, or thereafter, the judge shall consider the petition and shall hear evidence thereon. If he determines from a consideration of the evidence and the report of the guardian ad

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litem that the proposed transaction is fair and in the best interest of the ward, he shall, by appropriate order, permit the sale, lease, exchange, or encumbrance and direct the disposition of the proceeds of any such sale or encumbrance. 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 ward, the judge may by appropriate order permit the sale proposed by such other party. The judge may require that any sale of land of the ward be at public outcry as in the case of administrator's sales and subject to confirmation by the judge. (f) This Code section shall not be deemed to be exclusive of other provisions of law authorizing sales by guardians but shall be deemed to be cumulative thereof., and inserting in lieu thereof the following: 29-2-4. (a) Subject to the provisions of this article, a guardian of the property may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purposes set forth in Code Section 29-2-3. (b) An emergency or temporary guardian of the property is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures described in this article; provided, however, that good cause is shown for not waiting until a different type of guardianship is created. SECTION 3. Said article is further amended by striking in its entirety Code Section 29-2-5, relating to sale of corporate stock, which reads as follows: 29-2-5. Whenever any guardian desires to sell railroad or bank stock or stocks of other incorporated companies, he shall first apply to the judge of the probate court of the county which has jurisdiction over him for leave to sell the stock, which application shall be heard and determined after the usual citation for leave to sell is issued, as in applications for sale of real estate. After the sale is ordered, the sale of the stocks shall be conducted in the same manner as sales of real estate are conducted., and inserting in lieu thereof the following: 29-2-5. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the

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best interest of the ward, after such notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances. SECTION 4. Said article is further amended by striking in its entirety Code Section 29-2-6, relating to sale of trust property, which reads as follows: 29-2-6. Any guardian who by law is managing any trust estate or fund under the supervision of the probate court or the judge thereof may sell on the premises any real property of his ward situated in this state, if upon petition the judge of the probate court, in the exercise of a sound discretion, deems that it is for the best interest of the beneficiary or beneficiaries that the real estate be sold on the premises and so directs by order entered on the minutes. The sale shall be advertised as provided by law and one hour's public notice of the commencement of the sale shall be given at the courthouse door on the sale day., and inserting in lieu thereof the following: 29-2-6. Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may be sold at private sale without order from or report to the probate court at a sales price not less than the stock exchange bid price or the published bid price at the time of sale. Reasonable brokerage commissions, not in excess of those customarily charged by stock exchange members, may be paid. The particulars concerning such sales shall be shown on the annual report of the guardian. SECTION 5. Said article is further amended by striking in its entirety Code Section 29-2-7, relating to affidavits claiming real property, which reads as follows: 29-2-7. When a guardian advertises that it is his intention to apply for leave to sell any real estate as the property of his ward or obtains an order authorizing such a sale, any person claiming the real estate may file in the probate court, either by himself, his agent, or his attorney, an affidavit claiming the property. A copy of the affidavit shall be served on the guardian prior to the day of sale., and inserting in lieu thereof the following: 29-2-7. (a) A guardian of the property desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable,

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liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property, the specific purpose of the transaction, the proposed price, if any, and all other terms or conditions proposed for the transaction. In the event full particulars are lacking, the petition shall state the reasons for any such omission. (b) Upon filing the petition, the minor or the incapacitated adult shall be served personally if the minor or the incapacitated adult is within this state. If the minor or the incapacitated adult is outside of this state or cannot be located, service upon the minor or the incapacitated adult may be by personal service or by registered or certified mail to the last known address of the minor or the incapacitated adult. If the incapacitated adult is a patient in any hospital, medical facility, residential facility, or any similar institution located within or outside this state, service upon such incapacitated adult may be perfected by delivery of a copy of the petition and citation to the incapacitated adult by a member of the staff of the institution in which the incapacitated adult is confined; the staff member shall make a certificate of the delivery and return the same to the judge of the probate court issuing the citation. The judge of the probate court shall appoint a guardian ad litem for the minor or the incapacitated adult and cause a copy of the petition and citation to be served upon the guardian ad litem. The probate judge may direct any additional service or notice as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard. (c) If no written objection by a person so notified is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. (d) A guardian of the property shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale. (e) The recital in the guardian of the property's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. (f) Where a guardian of the property sells real property under the provisions of this Code section, liens on such real property may be divested and transferred to the proceeds of the sale as a condition of the sale.

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SECTION 6. Said article is further amended by striking in its entirety Code Section 29-2-8, relating to transmittal of real property claim and trial, which reads as follows: 29-2-8. After an affidavit has been made and filed and notice has been given as required in Code Section 29-2-7, it shall be the duty of the judge of the probate court to transmit the claim affidavit to the next term of the superior court of the county in which the land lies. The right of property shall be there tried upon an issue made up in the same manner and under the same regulations, restrictions, and penalties as are provided for the trial of claims to property levied on by execution., and inserting in lieu thereof the following: 29-2-8. A guardian of the property may not bind the estate by any warranty in any conveyance or contract, nor shall a guardian of the property be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed. SECTION 7. Said article is further amended by striking in its entirety Code Section 29-2-9, relating to personalty claims, which reads as follows: 29-2-9. When any guardian advertises to sell any personal property as the property of his ward and the same is claimed on oath, the claim affidavit having been filed and served as required in Code Section 29-2-7, it shall be the duty of the judge of the probate court to transmit the claim affidavit to the first term of the superior court to be held after the claim is filed in the county where the guardian resides., and inserting in lieu thereof the following: 29-2-9. (a) At any time after a guardian petitions for leave to sell real property or personal property of a ward, including after an order has been entered allowing such sale, but prior to the actual sale, any person claiming the real or personal property may file in the probate court, either by himself or herself, his or her agent, or his or her attorney, an affidavit claiming the property. The claimant must have the guardian personally served with a copy of the affidavit prior to the sale. (b) After an affidavit has been made and filed and notice has been given as required by subsection (a) of this Code section, the probate court

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shall transmit the claim affidavit to the next term of the appropriate superior court. (c) If the claim is to real property, the claim shall be transmitted to the superior court in the county in which the land lies, and the right of property shall be there tried upon an issue made up in the same manner and under the same regulations, restrictions, and penalties as are provided for the trial of claims to property levied on by execution. (d) If the claim is to personal property, the claim shall be transmitted to the superior court in the county where the guardian resides. SECTION 8. Said article is further amended by striking in their entirety Code Sections 29-2-10.1, relating to the manner of public sales; 29-2-10.2, relating to public sale of perishable property; 29-2-10.3, relating to to advertisements for public sales; 29-2-10.4, relating to petitions for public sales; 29-2-10.5, relating to the time and place for public sales; 29-2-10.6, relating to public sale of real property located in two counties; 29-2-10.7, relating to public sale of wild lands; 29-2-10.8, relating to public sale of livestock; 29-2-10.9, relating to public sale of evidences of debt; 29-2-10.10, relating to public sale of personal property; 29-2-10.11, relating to public sale of stocks or bonds; 29-2-10.12, relating to private sale of evidence of indebtedness; 29-2-10.13, relating to payment terms for public sales; 29-2-10.14, relating to warranties; 29-2-10.15, relating to returns of sales; 29-2-10.16, relating to the evidentiary effect of the recital of compliance in the guardian's deed; and 29-2-10.17, relating to liens on real property sold under court order, as each such Code section was enacted by an Act amending Title 29, approved April 2, 1996 (Ga. L. 1996, p. 504) which Act becomes effective January 1, 1998, and which Code sections read as follows: 29-2-10.1. All public sales made by guardians shall be at public outcry. Beginning at 10:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, or as soon thereafter as practicable, each sale shall be made following any other sale at public outcry, without undue delay. All sales shall be concluded prior to 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, unless a different time shall be advertised. No sale shall be continued from day to day unless as advertised. Good faith is required by the guardian in all cases so that the property may be sold in such manner and quantities as shall be deemed most advantageous to the ward. 29-2-10.2. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as soon as practicable, consistent with the interest of the ward. The sale shall be made under

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order from the judge of the probate court. Such order shall specify the kind of notice and for what length of time, which shall not be less than ten days, the notice shall be given. The order for sale shall be granted as a matter of course. 29-2-10.3. Guardians shall state, in all advertisements of sales by them, the terms of sale. 29-2-10.4. If any time it becomes necessary to sell the real property of the ward, the guardian shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason for the proposed sale; and notice of the petition for sale 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 as to 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. 29-2-10.5. Every sale under the provisions of Code Section 29-2-10.4 shall be advertised in a newspaper having a general circulation in the county where the property to be sold is located once a week for four weeks after the leave is granted and before the sale. The sale shall be by public auction on the first Tuesday of the month, between the usual hours of sale and at the place of public sales in the county having jurisdiction of the guardianship, unless by special order, in the discretion of the judge of the probate court, real property located in another county is sold in the county where such real property is located. 29-2-10.6. If real property ordered to be sold is composed of one tract or body located in two counties, the sale may be in either county, as directed by the judge of the probate court. 29-2-10.7. Wild lands shall be sold in the same manner and upon the same terms as other real property. 29-2-10.8. Guardians are authorized to sell livestock at public sales establishments on sales days and during the regular hours of business of the sales establishments when the guardian determines that the sale of the property is in the best interest of the ward. Good faith is required by the guardian in all cases, and the livestock may be sold in such manner and

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quantities as the guardian may deem most advantageous to the ward. The sales may be made at any time after an order authorizing the sale is obtained from the judge of the probate court, which order may be issued at any time after application for the order by the guardian. The guardian shall be accountable in all other respects as is otherwise provided by law. 29-2-10.9. All notes, bonds, judgments, accounts, or other evidences of debt which, after due diligence, remain uncollected and are deemed insolvent or doubtful may be sold by the guardian under an order of the judge of the probate court. Such sale shall be at public outcry, during the usual hours of sale, on the regular day of sheriff's sales and at the place of sheriff's sales. Thirty days' notice of the sale shall be given by posting notice at the courthouse door and at three or more public places in the county. 29-2-10.10. Except as otherwise provided in Code Section 29-2-10.11, whenever any guardian desires to sell stocks or other securities of any corporation or other personal property, the guardian shall first apply to the judge of the probate court of the county which has jurisdiction for leave to sell the stock, which application shall be heard and determined, after the usual citation for leave to sell is issued, as are applications for the sale of real property. After the sale is ordered, the sale of the stocks or other personal property shall be conducted in the same manner as sales of real property are conducted. 29-2-10.11. (a) Any guardian may sell, at private sale, stocks or bonds held in the guardian's representative capacity where the stocks or bonds are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper or newspapers having a general circulation in this state. The sale price for the stocks or bonds shall not be less than the stock exchange bid price or the published bid price at the time of sale. (b) The guardian, before making such sale, shall make application to the probate court for an order to sell the stocks or bonds, describing same, which order shall issue on or after the application has been on file for a period of ten days and, after making such a sale, shall file with the probate court a statement showing the date of sale, the name of the purchaser, the stock exchange bid price or the published bid price at the time of sale, and the proceeds of the sale. An order of the court confirming such a sale is not required. (c) The sale of securities other than those listed upon or admitted to unlisted trading privileges on any stock exchange shall be subject to an order of the judge of the probate court showing approval or disapproval

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of the sale within not less than three nor more than five days from the date of the sale. 29-2-10.12. Whenever any guardian, trustee, or other fiduciary holds any note or other evidence of indebtedness, that guardian, trustee, or other fiduciary may sell and transfer the same along with the collateral and other security, if any, securing the same at private sale, without any order of court, provided the guardian, trustee, or other fiduciary shall receive as proceeds the full face value of the note or other evidence of indebtedness. 29-2-10.13. The guardian may exercise discretion, except where otherwise provided, in demanding cash or extending credit. Full notice shall be given and the best interest of the ward observed. If credit is given, the guardian shall, at the guardian's own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is extended and subsequently the debt is lost after the utmost diligence by the guardian, the guardian shall not be responsible for the amount. 29-2-10.14. A guardian may not bind the ward by any warranty in any conveyance or contract made by the guardian. The guardian shall not be personally bound by such convenant unless the intention to create a personal liability is distinctly expressed in such covenant. 29-2-10.15. A guardian shall make a full return of every sale specifying the property sold, the purchasers, and the amounts received, together with the terms of sale. 29-2-10.16. The recital in the guardian's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. 29-2-10.17. Where a guardian sells real property under a proper order of the probate court, liens thereon shall be divested and transferred to the proceeds of the sale. SECTION 9. Said article is further amended by striking in its entirety Code Section 29-2-24, relating to inventory and appraisement, as such Code section was enacted by an Act amending Title 29, approved April 2, 1996 (Ga. L. 1996,

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p. 504) which Act becomes effective January 1, 1998, and inserting in lieu thereof the following: 29-2-24. Every guardian shall make a just and true inventory of all the personal property owned and possessed by the ward and all real property located in the county of the guardianship. The inventory shall be filed with the judge of the probate court within four months after the qualification of the guardian. When the inventory is returned to the judge of the probate court, the guardian shall swear, in addition to the usual oath on making returns, that the inventory contains a true statement of all the goods, chattels, rights, and credits of the ward which are in the guardian's hands, possession, or knowledge. The guardian shall also return, under oath, so far as may come to the guardian's knowledge, all real property outside the county of the guardianship. SECTION 10. Said article is further amended by striking in their entirety Code Sections 29-2-25, relating to warrants of appraisement; 29-2-26, relating to request for appraisement; 29-2-27, relating to oath of appraisers; 29-2-28, relating to execution of the warrant of appraisement and return of inventory; 29-2-29, relating to the return of appraisers; 29-2-30, relating to debts due by the guardian to the estate and interest in unsettled partnership; and 29-2-31, relating to the failure of the guardian to return a correct inventory and appraisement, as each such Code section was enacted by an Act amending Title 29, approved April 2, 1996 (Ga. L. 1996, p. 504) which Act becomes effective January 1, 1998, and which Code sections read as follows: 29-2-25. Upon the filing of a request for an appraisement, pursuant to Code Section 29-2-26, the judge of the probate court shall issue a warrant of appraisement directed to five disinterested freeholders who are citizens of the county where the guardianship is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to appraise and value all of the personal property produced to them by the guardian and all real estate belonging to the ward, whether the real estate is situated in the county of the guardianship or any other county of this state. 29-2-26. Any other law to the contrary notwithstanding, the property shall not be appraised unless a request for an appraisement is filed with the judge of the probate court within 90 days after the guardian files the inventory. 29-2-27. The appraisers, before entering upon their duties, shall take and subscribe an oath before an officer authorized to administer oaths or

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before one of their number who, by this Code section, shall be authorized to administer the oath faithfully to discharge their duty as appraisers. 29-2-28. The warrant of appraisement shall be executed, except when execution is prevented by providential causes, within 60 days after the warrant is issued, and the inventory and appraisement shall be returned to the judge of the probate court within four months after the issuance of the warrant. If the execution or return is delayed beyond the periods specified, the judge shall inquire into the reason and place the reason on the record with the return. 29-2-29. The return of the appraisers shall be in writing and certified by their own signatures, any three appraisers being competent to act. The return shall be delivered to the guardian and returned by the guardian to the judge of the probate court. 29-2-30. Debts due by the guardian to the estate shall be included in the inventory. Notice shall also be taken of any interest which the estate may have in an unsettled partnership, even if the assets are in the hands of a surviving partner. 29-2-31. The failure of a guardian to return a correct inventory and appraisement shall be sufficient ground for removal. SECTION 11. Chapter 5 of said title, relating to guardians of incapacitated adults, is amended by striking in its entirety Code Section 29-5-4, relating to powers and duties of the guardian of the property of an incapacitated adult, and inserting in its place the following: 29-5-4. The guardian of the property of the adult ward shall: (1) Give a like bond as required by law for guardians of the property of minors; and (2) Have such powers, duties, compensations, and liabilities as are set out in the following laws, to the extent that they are not inconsistent with this chapter: (A) Code Sections 29-2-2 through 29-2-24;

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(B) Code Sections 29-2-40 through 29-2-52, 29-2-70, 29-2-72 through 29-2-85, and 29-4-12; and (C) Code Sections 53-7-73 through 53-7-78, relating to reports and accounts of fiduciaries. SECTION 12. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 29-5-6, relating to procedure for appointing guardians, and inserting in its place the following: (c)(1) The court shall, if the petition is not dismissed under paragraph (3) of subsection (b) of this Code section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 or a psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to paragraph (3) of subsection (a) of this Code section. (2) The physician or psychologist shall evaluate the proposed ward. (3) The physician or psychologist shall explain the purpose of the evaluation to the ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged but such statements shall be competent evidence in a proceeding under this chapter only. The ward's attorney may be present but shall not participate in the evaluation. (4) The evaluation shall be conducted with as little interference with the proposed ward's activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the time set in the notice to the proposed ward shall not be sooner than the fifth day after service of the notice on the proposed ward. The judge of the probate court, however, shall have the exclusive power to change the date, place, and time of the examination at any time upon reasonable actual notice being given to the proposed ward and the attorney of the proposed ward. If the proposed ward fails to appear, the judge of the probate court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician or psychologist for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the ward shall not be detained in the facility or office overnight. (5) A written report shall be filed with the court no later than seven days after the date of the examination.

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(6) The report shall be signed under oath by the physician or psychologist. It shall: (A) State the duration and circumstances of the evaluation, including a summary of questions or tests utilized; (B) List all persons and other sources of information consulted in evaluating the proposed ward; (C) Describe the proposed ward's mental and physical state and condition, including all observed facts considered by the physician or psychologist; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration. SECTION 13. Said chapter is further amended in Code Section 29-5-7, relating to the retention and protection of the rights of a ward, by striking in its entirety subsection (a), and inserting in lieu thereof the following: (a) Persons determined incapacitated pursuant to this chapter or alleged to be so incapacitated shall not be deprived of any civil, political, personal, or property rights without due process of law. The appointment of a guardian for the person or property shall not remove from the ward the power to bring an action relating to the guardianship, individually or through legal counsel. SECTION 14. Said chapter is further amended in Code Section 29-5-9, relating to modification or termination of guardianships, by inserting a new subsection to be designated subsection (f) to read as follows: (f) The reasonable expenses, including fees of legal counsel and other professionals, for the interested person or incapacitated person bringing a petition pursuant to paragraph (3) or (4) of subsection (a) of this Code section shall be allowed as provided in Code Section 29-2-2. SECTION 15. (a) Notwithstanding the provisions of Code Section 1-3-4.1, Sections 1, 12, 13, 14, and this section of this Act shall become effective on July 1, 1997. (b) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 shall become effective on January 1, 1998. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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CRIMES AND OFFENSES SIMPLE BATTERY AGAINST PREGNANT FEMALE; BATTERY AGAINST PREGNANT FEMALE; PUNISHMENT. Code Sections 16-5-23 and 16-5-23.1 Amended. No. 321 (Senate Bill No. 205). AN ACT To amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, so as to provide that simple battery committed against a female who is pregnant at the time of the offense shall be a misdemeanor of a high and aggravated nature; to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, so as to provide that battery against a female who is pregnant at the time of the offense shall be a misdemeanor of a high and aggravated nature; 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 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, is amended by striking in its entirety subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. SECTION 2. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to battery, is amended by adding a new subsection (h) as follows: (h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. 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 conduct occurring on or after its effective date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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INSURANCE HEALTH; EMERGENCY INTERVENTION; POST-STABILIZATION TREATMENT; PAYMENT FOR SERVICES. Code Sections 31-11-82 and 33-20A-9 Amended. No. 322 (Senate Bill No. 209). AN ACT To amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan may deny coverage of certain emergency procedures; to provide that no such entity which has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures; to amend Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed health care plans, so as to provide for requests for managed care entity or private health benefit plan authorization for certain services; to provide for payment for authorized services; to provide that no such entity which has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures; 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. Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, is amended by striking in its entirety Code Section 31-11-82, relating to the evaluation of persons with emergency conditions, and inserting in lieu thereof the following: 31-11-82. (a) Once a person with an emergency condition presents himself or herself to an emergency medical provider for emergency services, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury if such testing is appropriate to stabilize the patient's condition. For purposes of this Code section, the term `emergency medical provider' includes without limitation an emergency services provider. (b) If in the opinion of the attending physician the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or

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treatment provided as part of such intervention for an emergency condition. (c) No insurer, health maintenance organization, or private health benefit plan which has given prospective authorization after the stabilization of a person's condition as provided in subsection (b) of this Code section for an evaluation, diagnostic testing, or treatment provided for in this article may subsequently deny payment for the provision of such evaluation, diagnostic testing, or treatment. An acknowledgment of an enrollee's eligibility for benefits by the insurer, health maintenance organization, or private health benefit plan shall not, by itself, be construed as a prospective authorization for the purposes of this Code section. SECTION 2. Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed health care plans, is amended by striking paragraph (1) and inserting in lieu thereof the following: (1)(A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term `emergency health care provider' includes without limitation an emergency services provider. (B) No managed care entity or private health benefit plan which has given prospective authorization after the stabilization of a person's condition for an evaluation, diagnostic testing, or treatment may subsequently deny payment for the provision of such evaluation, diagnostic testing, or treatment. An acknowledgment of an enrollee's eligibility for benefits by the managed care entity or private health benefit plan shall not, by itself, be construed as a prospective authorization for the purposes of this Code section. (C) If in the opinion of the emergency health care provider, a patient's condition has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggravating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and.

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SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PROFESSIONS AND BUSINESSES CHIROPRACTORS; TREATMENT AND REFERRALS BY. Code Section 43-9-12.1 Enacted. No. 323 (Senate Bill No. 214). AN ACT To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals; to provide for statutory construction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by adding immediately following Code Section 43-9-12 a new Code section to read as follows: 43-9-12.1. The doctor of chiropractic must bring to the exercise of that person's profession a reasonable degree of care and skill, which shall include the determination of the need for chiropractic care, as defined in paragraph (2) of Code Section 43-9-1, and shall render treatment, referral to the appropriate health care provider, or both treatment and referral commensurate with that chiropractor's findings. Any failure to refer to the appropriate health care provider may subject the doctor of chiropractic to the provisions of Code Section 43-9-12. Nothing in this Code section shall be deemed to expand or limit the chiropractic scope of practice. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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HEALTH HOSPITAL STAFF PRIVILEGES; MEDICAL FACILITY STAFF HEALTH SERVICE PROVIDER PSYCHOLOGISTS; MENTAL HEALTH PATIENT PHYSICAL RESTRAINT. Code Title 31, Chapter 7 Amended. Code Title 37 Amended. No. 324 (Senate Bill No. 219). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to prohibit denial of staff privileges on the basis of certain licenses, certifications, specialties, and membership; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof; to provide for the execution of orders of health service provider psychologists; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to the use of physical restraints; to provide for the duties and powers of psychologists; 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 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by adding immediately following Code Section 31-7-7 a new Code section to read as follows: 31-7-7.1. Notwithstanding the provisions of Code Section 31-7-7, if a hospital offers or provides a service which is within the scope of practice of a person licensed as a medical doctor, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry, that hospital may not deny to any such licensee staff privileges at such hospital based solely upon that person's license, board certification, or specialty membership in a professional association. SECTION 2. Said chapter is further amended by striking Code Section 31-7-160, relating to the definition of a term, and inserting in lieu thereof a new Code Section 31-7-160 to read as follows:

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31-7-160. As used in this article, the term: (1) `Health service provider psychologist' means a licensed psychologist who meets the criteria of training and experience as provided in Code Section 31-7-162 in the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at a high risk of impairment. (2) `Psychologist's order' means an order issued by a health service provider psychologist practicing psychology in accordance with Chapter 39 of Title 43 for the care and treatment rendered to a person in a medical facility or institution, including admission and discharge. Such care and treatment does not include the ordering or prescribing of medications, nursing assessments or interventions, or medical procedures. SECTION 3. Said chapter is further amended by striking Code Section 31-7-161, relating to the appointment of health service provider psychologists to the staff of a medical facility or institution and inserting in lieu thereof a new Code Section 31-7-161 to read as follows: 31-7-161. (a) A medical facility or institution may provide for the appointment of health service provider psychologists on such terms and conditions as the medical facility or institution shall establish. Psychologists shall be eligible to hold membership and serve on committees of the medical or professional staff and may possess clinical privileges and carry professional responsibilities consistent with the scope of their licensure and their competence, subject to the reasonable rules of the medical facility or institution. Such privileges and responsibilities may include issuing a psychologist's order. A physician shall be designated to be responsible for the medical aspects of care for a patient admitted by a psychologist. (b) Notwithstanding any other provision of law: (1) A health service provider psychologist is authorized to issue a psychologist's order to a registered professional nurse or a licensed practical nurse; and (2) A registered professional nurse and a licensed practical nurse shall have the authority to execute a psychologist's order, provided that a registered professional nurse or licensed practical nurse may confer with the health service provider psychologist prior to executing the psychologist's order. Nothing contained in this article shall be deemed to alter the standard of care of the registered professional

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nurse or the licensed practical nurse applicable to the evaluation and execution of orders, including a psychologists's order. SECTION 4. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (b) of Code Section 37-3-165, relating to mistreatment, neglect, or abuse of mentally ill patients, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involvedin the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or herself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations. SECTION 5. Said title is further amended by striking subsection (b) of Code Section 37-4-124, relating to mistreatment, neglect, or abuse of mentally retarded clients, and inserting in lieu thereof, a new subsection (b) to read as follows: (b) Physical restraints shall not be applied unless: (1) A person who is involved in the care and treatment of the client as a physician, psychologist, or clinical nurse specialist in psychiatric/mental health determines such restraints to be necessary in order to prevent a client from seriously injuring himself or herself or others; or (2) A professional staff member determines that there exists an emergency requiring the use of such restraints. For purposes of this

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Code section, an emergency exists when the client presents an immediate danger of injury to himself or herself or others. The authorization of physical restraints by a professional staff member shall be immediately reported to a physician and any psychologist involved in the care and treatment of the client. A physician's, psychologist's, or clinical nurse specialist's in psychiatric/mental health order for restraints shall expire after 12 hours, at which time a new determination of the need for restraints must be made. The physician, psychologist involved in the care and treatment of the client, or clinical nurse specialist in psychiatric/mental health involved in the care andtreatment of the client must issue a written order for each use of restraints. The facility shall have written policies and procedures which govern the use of such restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations. SECTION 6. Said title is further amended by striking subsection (b) of Code Section 37-7-165, relating to mistreatment, neglect, or abuse of alcoholic or drug dependent patients, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involvedin the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations.

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SECTION 7. This Act shall become effective on July 1, 1997. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PENAL INSTITUTIONS STATE BOARD OF PARDONS AND PAROLES; INFORMATION REGARDING PAROLED FELONS; PUBLIC ACCESS. Code Section 42-9-20.1 Enacted. No. 326 (Senate Bill No. 242). AN ACT To amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide that the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony and who have been paroled; to provide for the information to be released; to provide that the board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored; to provide that the board shall be authorized to charge a reasonable fee to cover the costs of providing such information; to provide for 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 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding between Code Sections 42-9-20 and 42-9-21 a new Code Section 42-9-20.1 to read as follows: 42-9-20.1. Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen of this state shall be permitted to contact the board through an electronic calling system or by other means and receive information relating to persons who have been convicted of a felony, who have been paroled, and whose current

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addresses are within the State of Georgia. With respect to each parolee, the board shall provide the parolee's name, sex, date of birth, current address, crime or crimes for which the parolee was convicted, and the beginning and ending dates of such person's parole. The board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored. The board shall be authorized to charge a reasonable fee to cover the costs of providing such information. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section. SECTION 2. 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 or upon the State Board of Pardons and Paroles establishing a data base and system to make the information required under Section 1 of this Act available, whichever occurs first. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CIVIL PRACTICE PROFESSIONAL MALPRACTICE CLAIMS; AFFIDAVITS; DISMISSAL; CURING DEFECTS. Code Section 9-11-9.1 Amended. No. 327 (Senate Bill No. 276). AN ACT To amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the Georgia Civil Practice Act, so as to change the provisions relating to the affidavit which must be filed with the complaint in any action for damages alleging professional malpractice; to change the provision relating to the time of filing and the contents of such affidavit and the practices and procedures related to thereto; to provide for dismissal of complaints; to provide for the curing of defects; to provide for professions to which the affidavit requirement applies; to provide for an effective date and for applicability to cases and actions; 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 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the Georgia Civil Practice Act, is amended by striking Code Section 9-11-9.1, relating to the

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affidavit which must be filed with the complaint in any action for damages alleging professional malpractice, and inserting in its place the following: 9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section or against any licensed healthcare facility alleged to be liable based upon the action or inaction of a healthcare professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim. (b) The contemporaneous filing requirement of subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit. The trial court may, on motion, after hearing and for good cause extend such time as it shall determine justice requires. If an affidavit is not filed within the period specified in this subsection or as extended by the trial court and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claim. (c) This Code section shall not be construed to extend any applicable period of limitation, except that if the affidavit is filed within the period specified in this Code section, the filing of the affidavit after the expiration of the statute of limitations shall be considered timely and shall provide no basis for a statute of limitations defense. (d) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that said affidavit is defective, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (e) If a plaintiff fails to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to

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dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (f) The professions to which this Code section applies are: (1) Architects; (2) Attorneys at law; (3) Certified public accountants; (4) Chiropractors; (5) Clinical social workers; (6) Dentists; (7) Dieticians; (8) Land surveyors; (9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists; (13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists; (16) Physical therapists; (17) Physicians' assistants; (18) Professional counselors; (19) Professional engineers; (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval and shall apply only to actions filed on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. EDUCATION CONTRACTS AND PURCHASES; GUARANTEED ENERGY SAVINGS CONTRACTS; MULTIYEAR CONTRACTS WITH OTHER EDUCATIONAL ENTITIES. Code Section 20-2-506 Amended. No. 328 (Senate Bill No. 301). AN ACT To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to exempt certain energy cost savings measures from certain spending limits; to exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking in its entirety Code Section 20-2-506, relating to the authority of school systems to enter into multiyear lease, purchase, or lease purchase agreements, and inserting in lieu thereof the following: 20-2-506. (a) As used in this Code section, the term: (1) `Energy cost savings measure' means a facility alteration designed to reduce energy consumption or operating costs and may include one or more of the following: (A) Insulating the building structure or structures within the building, including caulking or weather-stripping;

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(B) Installing storm windows or doors, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, or other window or door systems designed to reduce energy consumption; (C) Installing automated or computerized energy control systems; (D) Modifying or replacing heating, ventilating, or air-conditioning systems; (E) Replacing or modifying lighting fixtures to increase the energy efficiency of the lighting system; (F) Improving indoor air quality to conform to the applicable state or local building code requirements; (G) Installing energy recovery systems; (H) Installing cogeneration systems that produce steam or forms of energy such as heat and electricity for use primarily within a building or complex of buildings; and (I) Life safety measures that provide long-term operating cost reductions and are in compliance with state and local codes, and building operation programs that reduce operating costs. (2) `Guaranteed energy saving contract' means a contract for the implementation of one or more energy cost savings measures providing that all payments except obligations on termination of the contract before its expiration are to be made over time and the energy cost savings are guaranteed to the extent necessary to make payments for the contract. (b) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract; (3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total

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obligation which will be incurred in each calendar year renewal term, if renewed; (4) The total combined annual payments for contracts under this Code section and contracts of such school system under Article IX, Section III, Paragraph I of the Constitution in any calendar year, excluding guaranteed energy savings contracts, shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system in the most recently completed fiscal year; provided, however, that the foregoing limitation shall not apply to contracts with other public educational entities, including school systems in this state, for the education of students. (5) For each guaranteed energy savings contract, a school system shall document the historical energy cost of each structure affected for a period of at least one year prior to the date of the contract and shall document the monthly energy cost and monthly energy savings of each affected structure for the life of the contract. (c) In addition to the provisions enumerated in subsection (b) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or (2) Any other provision reasonably necessary to protect the interests of the school system. (d) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term. (e) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (f) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (g) When any local board of education on or after July 1, 1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately

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following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. (h) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions. (i) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. (j) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. COURTS MAGISTRATE COURTS; CORPORATION EMPLOYEE REPRESENTING CORPORATION IN PROCEEDINGS; GEORGIA MAGISTRATE COURTS TRAINING COUNCIL. Code Sections 15-10-43 and 15-10-132 Amended. No. 329 (Senate Bill No. 313). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to the magistrate courts, so as to provide that nothing in Chapter 10 of this title shall be construed to prohibit an employee of any corporation or other legal entity from representing the corporation or legal entity before the magistrate court; to change the appointing authority of magistrates to serve on the Magistrate Court Training Council; to provide for appointment by the President of the Magistrate Council; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to the magistrate courts, is amended by adding at the end of Code Section 15-10-43, relating to statement of claim and service of process in the magistrate courts, a new subsection (i) to read as follows: (i) Nothing in this chapter shall be construed to prohibit an employee of any corporation or other legal entity from representing the corporation or legal entity before the magistrate court. SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-132, relating to the creation of the Georgia Magistrate Courts Training Council, and inserting in lieu thereof the following: (a) There is established a council which shall be known and designated as the `Georgia Magistrate Courts Training Council' and which shall be composed of the director of the Administrative Office of the Courts or such director's designee, which member shall not be a voting member, and five magistrate judges, either elected or appointed, who shall be appointed by the President of the Council of Magistrate Court Judges, with approval of the council's executive committee, for terms of two years. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CRIMES AND OFFENSES CONCEALING DEATH OF ANOTHER PERSON; PUNISHMENT. Code Section 16-10-31 Amended. No. 330 (Senate Bill No. 316). 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 change the punishment for concealing the death of another person; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 striking Code Section 16-10-31, relating to concealing the death of another person, in its entirety and inserting in lieu thereof the following: 16-10-31. A person who, by concealing the death of any other person, hinders a discovery of whether or not such person was unlawfully killed is guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than ten years, 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 21, 1997.